Caroline County planning commission backs amendment to bar permits for properties with unresolved zoning violations

The Caroline County Planning and Zoning Commission at its February meeting voted to send a favorable report to the county commissioners on a proposed text amendment to Chapter 175 (new section 194) that would deny building permits or zoning certificates for a property while a zoning code violation on that same property remains unresolved.

Commissioners said the amendment primarily formalizes a longstanding departmental practice. A staff member explained the change is intended to make clear in the county code that a permit for a property with an existing violation 'would not be granted until such time you have remedied that violation.'

The amendment would also include clarifying language permitting a landowner to apply for the specific permit needed to remedy the violation — for example, applying for a permit to legalize work done without one. Commissioners said earlier draft language was revised after December to make explicit that a violation on one property owned by an applicant would not block permitting on a different property the applicant owns.

The commission discussed whether the county commissioners should adopt the amendment as an emergency bill. A staff member noted that under state law an emergency bill takes effect immediately upon enactment, while a regular bill typically waits 45 days to allow time for a petition to referendum. The staff member advised that, because of pending litigation related to the county’s permitting practice, adopting the amendment as an emergency measure would allow the county to enforce the written rule sooner and reduce exposure to legal challenge.

Commissioner discussion focused on whether the situation met the threshold for repeated emergency measures; one member said the rule is already practiced informally, while others said writing it into code sooner could lower litigation risk. The Planning and Zoning Commission’s role is advisory: the county commissioners will decide whether to bring the amendment forward as an emergency bill.

Following discussion, the commission voted to approve the proposed text amendment and forward it to the county commissioners with a favorable report. The motion to recommend the amendment was made and seconded; the motion carried by voice vote.

The amendment is described in the meeting papers as a new section to Chapter 175, titled (in the draft) new section 194. The Planning and Zoning Commission recommended approval of the draft language but did not decide whether it should be submitted as an emergency enactment; that determination rests with the county commissioners.

Next steps: the commission will forward its favorable report and the draft ordinance to the Caroline County Board of Commissioners for their consideration and for any decision about emergency enactment or regular procedure.