Residents press council to block biorefinery on Atkins/Hickory Mill Road; planning issues, stop-work order and appeal advance

Dozens of residents from neighborhoods near Atkins Road and Hickory Mill Road told the Wicomico County Council on March 4 they oppose a proposed biorefinery and asked the council to intervene. Residents described odors, health concerns, proximity to wells and past problems at an earlier project the applicant pursued in Willards.

Multiple speakers said the facility is less than 200 feet from adjacent homes and that private wells are close to the property. Julia Tallent, who said her home sits less than 200 feet from the site, told the council: “My well is only, like, 25 feet from the boundary line.” Another speaker, Timothy Cox, a disabled veteran, said he feared additional airborne pollutants and truck traffic would worsen his breathing problems.

Planning staff and code officials told the council that, after investigating the structure and its intended use, they issued a stop-work order when they determined the proposed industrial biorefinery is not a permitted use in the property’s agricultural/residential zoning. Planning Director Tracy Taylor summarized the department’s action: “The appeal, the department put a stop work order as soon as we found out that it was a biorefinery... The planning department made an interpretation that it does not meet the code.” She said the applicant has chosen to appeal the staff determination to the Board of Appeals; that appeal is scheduled for March 27 at 6:00 p.m. in the council chambers.

Board and hearing procedure: Taylor and staff outlined who can testify at the Board of Appeals hearing and how the hearing will proceed. Interested parties — residents adjacent to or within 200 feet of the property — are given greater standing and may present evidence; others may also comment. The county announced it is maintaining an interested-parties list and that staff, building officials (including Kia Safai) and counsel will testify for the county. The county also retained separate counsel to represent staff at the board hearing; board counsel will represent the appeals panel.

Permit and enforcement context: Residents presented documentation they said shows a Maryland Department of the Environment permit and a county building permit for a storage building; many residents told council that the storage-building permit was obtained under false pretenses and that the applicant has prior failed projects. Planning staff said the stop-work order remains in place and county staff have been verifying compliance weekly. Taylor said that if the Board of Appeals upholds the department determination, the applicant will not be allowed to assemble or operate the biorefinery; if the board overturns the decision the county’s remedy would be to appeal to circuit court.

Why it matters: Residents raised public health and environmental justice concerns, citing asthma prevalence and groundwater sensitivity for the area. More than 200 signatures on a petition opposing the facility were reported by residents. The dispute involves interpretation of county zoning rules, state permitting and potential litigation if appeals continue.

Ending: The immediate administrative posture is a stop-work order and a board hearing on March 27. Residents were urged to attend the Board of Appeals hearing if they wish to testify; county staff provided contact information for planning staff for questions and to register interest.