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Calvert County planning staff seek direction to reopen agricultural preservation program, update TDR rules
Summary
Planning staff requested authority to begin public-adoption steps for updated agricultural preservation and TDR rules, including integration of the 2021 TDR reserve and clarifications on APD permanence and density.
Calvert County planning staff told the Board of County Commissioners at a work session on April 8 that they are ready to move forward with revisions to the county’s agricultural land preservation rules and the Transferable Development Rights (TDR) program and asked the board to direct staff to begin the public-adoption process.
Director Jason Brinkley and rural planner Jennifer David summarized the draft changes, which staff said consolidate prior policies into one rules-and-regulations document, update eligibility requirements for Agricultural Preservation Districts (APDs), and incorporate the county’s 2021 TDR reserve (a county-run TDR bank). The changes also clarify when an APD becomes permanently preserved, revise how residential density is applied (by APD rather than by parcel), and codify agritourism rules and limits for public events.
Why it matters: staff said updating the rules is the final step recommended by the Transferable Development Rights Committee (reconvened in 2020) to lift a moratorium on creating new APDs that was set in 2013 after a post-recession drop in TDR demand. The county has preserved more than 32,600 acres through various programs; staff said reopening APD creation is intended to revive the local preservation market.
Selected details
- Preservation totals and history: staff noted the county established a preservation goal in 1978, reached 20,000 acres in 1997 and set 40,000 acres as a longer-term target; to date roughly 32,600 acres have been preserved through county and state programs.
- PAR fund and TDR reserve: the PAR fund (established in 1992) retires TDRs using county funds; the update would expand PAR eligibility from original APD owners only to all recorded TDR owners. The TDR reserve (created 2021) will be fully integrated in the rules to allow citizens to buy and sell TDRs through county administration.
- Density and APD rules: the draft clarifies density is measured across the APD as a whole (not on a per-parcel basis); primary residences, tenant houses and buildable lots count toward density. Staff described the clarification as consistent with long-standing program intent rather than a substantive policy change.
- Agritourism and events: the draft includes agritourism uses consistent with zoning and permits up to 12 public events per year on an APD with Agricultural Preservation Advisory Board approval.
Board direction and next steps
Staff asked the board to direct them to proceed with public adoption. Commissioners requested the draft be routed to the county attorney’s office for legal review and that staff publish the draft publicly and host outreach sessions prior to formal public hearings. Staff confirmed a public-facing webpage and outreach plan will be prepared and the draft will be available after county-attorney review.
Quotes
"We are really asking you to please direct staff to proceed with the public adoption process," Jennifer David said.
Ending
The board signaled support for moving forward with outreach and public hearings after legal review. Staff will schedule public information sessions, release the draft rules when vetting is complete, and return with hearing dates for formal adoption consideration.
