Committee backs ordinance allowing grading permits earlier in LCD zone

The Planning, Housing and Economic Development (PHED) Committee voted 5-0 on June 5 to recommend draft 2 of CB-40-2025, an ordinance that would authorize issuance of grading permits in the LCD zone under certain circumstances.

The bill, introduced at the committee meeting by Chair Council Member DeNova, would move grading-permit provisions to Section 27-36-10 and permit grading if an approved Conceptual Development Plan (CDP) or an approved Type 1 tree conservation plan exists, the committee was told.

Why it matters: Supporters said the change would let developers begin utility and stormwater work earlier in phased projects and post bonds to insure completion, speeding construction on sites inside LCD zones.

Planning staff described the draft as incorporating planning board and zoning examiner recommendations and including amendments from Council Member McNeil permitting DPW/DPDE (referred to in the draft as DPOT) to issue grading permits when an approved CDP or Type 1 TCP is in place. Lakeisha Hall, planning director, said the planning department supports the proposal. "We're in support of this. This went to planning board and so we're very happy about this being able to streamline the process," Hall told the committee.

Daniel Schlegel of Dewberry Engineers, identifying himself as deputy planning department director in the Lanham office, testified in support, saying the change mirrors prior allowances in the MXT zone and would help coordinated stormwater and roadway connections across parcels. "Getting started early will allow applicants to also begin to process...with the grading permit, we'll be able to post bonds ensuring that the work is insured," Schlegel said.

The office of law advised the committee that the draft was "improperly to state it for" in its initial review, and planning staff noted the planning board voted to take no position on draft form (technical staff report cited in the committee record). The committee did not adopt the planning board recommendation to replace the term "grading permit" with "rough grading permit," because that term is not defined in the county code; the staff noted it appears in the county's 2014 stormwater management design manual but is not clearly defined for street installation.

Action: Council Member Olsen moved a favorable recommendation with a second from Council Member Harrison. The roll call recorded Chair DeNova, Council Member Harrison, Council Member Hawkins, Council Member Olson and Vice Chair Oriada voting in favor. "Motion carries 5-0," the clerk announced.

Ending: The committee transmitted draft 2 of CB-40-2025 with a favorable recommendation; the ordinance will proceed through the council's legislative process for further consideration.