Carroll County staff reviews DRRAs as voluntary tool to lock in local development rules

So DRRAs are development rights and responsibilities agreements, staff said, introducing the discussion.

County planners told the Board of County Commissioners that DRRAs are voluntary contracts between a developer and the local jurisdiction that can “lock in” local zoning and subdivision rules at the time the agreement is executed. The mechanism was enabled by Maryland law in 1995, and Carroll County added implementing language to county code (chapter 161) in October 2024.

Staff said the principal benefit to developers is regulatory certainty: large projects that take years to move through design and permitting can rely on the county’s local codes at the time of the DRRA rather than being subject to later local zoning changes. State regulations (for example, stormwater or forest conservation rules) continue to apply and cannot be deferred by a DRRA, and the county retains authority to change local rules where required to protect public health, safety or welfare.

Carroll County’s code includes eligibility thresholds to limit DRRAs to large projects: an all-residential project must be at least 125 dwelling units, and a mixed or partially residential development must be at least 25 acres. State law requires DRRAs to specify duration, permissible uses, density and maximum heights, and to be subject to public hearing; the county mirrored those requirements and added a transparency step asking that any public benefit offered by a developer be documented for the record. Staff emphasized the statute and the county code do not quantify required public benefit — the board decides whether an offered benefit is sufficient.

The local procedure staff described begins with a developer submittal (a letter and a draft agreement) and a $500 initial submittal fee. The board first votes on whether to accept the petition for processing; if accepted, the county charges a $5,000 filing fee and senior staff review the draft agreement and seek technical clarifications. The developer must host a community meeting and forward comments to the county. Planning and Zoning Commission review for consistency with the master plan and recommendations follows, and the Board holds a public hearing before any final approval. If approved, the DRRA is recorded in the county land records within 20 days. Amendments or terminations require mutual consent or another public hearing and Planning and Zoning review; the board may suspend an agreement for public-health, safety or welfare reasons but must do so in the open with public notice.

Staff noted DRRAs have been used unevenly across Maryland counties and municipalities. In Carroll County, three municipalities have enabling ordinances; Taneytown and Hampstead have used the tool, Mount Airy has not. Other jurisdictions (Frederick, Charles) that extensively used DRRAs in past decades later amended or repealed their DRRA rules after litigation and policy changes.

Commissioners asked clarifying questions about how DRRAs differ from public-works agreements (which secure construction of public infrastructure through bonding and inspection) and whether the county or a developer may initiate a DRRA. Staff reiterated that DRRAs are developer-initiated and are distinct from public-works agreements.

No DRRA applications have been filed with the county to date, staff said. They recommended that any developer considering a petition be given clear expectations up front — including the county’s public participation and public-benefit documentation requirements — before paying the $5,000 filing fee.

Next steps noted by staff: maintain the publicly adopted code language and return proposed procedural checklists or guidance so developers and residents understand the thresholds, fees and public-involvement steps the county will expect if a petition arrives.