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Commissioners introduce emergency zoning bill to allow reuse of legacy wastewater sites, extend permit window to 5 years
Summary
The board introduced emergency bill 2025-007 to permit certain non‑accessory wastewater treatment facilities in rural zones by special use exception if the facility had a prior MDE discharge permit; commissioners amended the draft to change a 3‑year lookback to five years and set a July hearing schedule.
Caroline County commissioners gave first reading June 24 to an emergency zoning bill (2025‑007) that would allow certain non‑accessory wastewater treatment facilities to be permitted in the Rural (R) Zoning District by special use exception if they meet specified conditions.
County legal staff and planning staff described the proposed amendment to Section 175‑29 (Wastewater Treatment Facilities) of the county’s zoning code. The text would allow reuse or reopening of facilities that held an active Maryland Department of the Environment (MDE) state discharge permit in the years preceding enactment, provided the proposed use is substantially similar to the historical operation, the wastewater-generating facility and treatment facility are owned by the same entity, and all applicable local, state and federal regulations are met.
Planning staff told commissioners the planning commission recommended changing the look-back period from three years to five years to accommodate the time MDE can take to review and reissue a discharge permit. Planning staff noted MDE review and permitting can take a year or more.
County staff and commissioners discussed the recommendation and then moved to amend the draft language to change the three-year requirement to five years. The motion to accept that amendment and proceed with the proposed calendar was seconded and carried by voice vote. The county attorney’s office indicated the introduction and first reading occurred June 24; notice of the public hearing will be advertised in The Star Democrat in early July and the second reading and public hearing are scheduled in July, with potential enactment and immediate effect if the board adopts the bill as an emergency measure (the county attorney’s office cited July 22 as the potential enactment date).
Speakers stressed that the change is intended to allow reactivation of historically permitted, licensed operations that remained substantially similar in function and ownership, not to permit separate commercial arrangements in which wastewater flows from one owner’s site to a treatment facility owned by another party.
The board accepted the planning commission’s recommendation to lengthen the look-back window to five years. No final enactment occurred at the June 24 meeting; the item will return for public hearing and possible enactment in July under the published calendar if the board proceeds as scheduled.
