St. Mary's County commissioners approve zoning change to allow daycare use in RCA overlay, subject to state approval

The Commissioners of St. Mary's County voted Sept. 30 to amend Chapter 285 of the St. Mary's County Code to allow a nonmedical daycare use (use type 28) in the RCA overlay (Critical Area) zoning district. The ordinance change takes effect only if and when the Maryland Critical Area Commission approves the county amendment.

The county's Department of Land Use and Growth Management told commissioners the amendment includes three new standards intended to limit environmental impacts near the critical area. Jessica Andritz, director of the Department of Land Use and Growth Management, said the revised draft restricts the use to buildings legally existing as of Oct. 14, 2025, forbids applicants from seeking variances that would increase lot coverage beyond the limits in section 41.6 of the code, and allows use of impervious surface trading only if the property is eligible and the trading is approved by the planning commission. The draft also caps enrollment at 42 children at any one time. "The amount of young people that can be served by this use is something that is predetermined by the state...the applicant in this case...said that they're hoping to have about 42 children attending the facility," Andritz said.

The discussion at the dais focused on those guardrails and how they respond to concerns raised by staff at the Critical Area Commission, which will consider the county's amendment at a Nov. 5 hearing. Commissioners asked whether playground equipment or plantings added for the childcare use would require additional approvals or variances; county staff said such additions could trigger additional review and, in some cases, a variance application to the Critical Area Commission or related permitting steps.

Commissioner Eric Colvin moved to approve the ordinance amendment as drafted; Commissioner Mike Hewitt seconded the motion. The board voted unanimously to approve the ordinance amendment and then voted unanimously to authorize the commissioner president to sign all related documents. The ordinance will only become effective if the Critical Area Commission grants approval. If the county or an applicant later wants to expand the 42-child cap or change substantive terms, staff said the county would need to return to the text-amendment process.

The amendment responds to a specific pending applicant and, according to county staff, is intended to strike a balance between permitting community childcare options and protecting the environmental and resource goals of the RCA (Critical Area) overlay.