BMZA says it lacks jurisdiction over Baltimore County sewer bill, denies appeal

The Baltimore City Board of Municipal and Zoning Appeals on Monday denied an appeal by the owner of property listed as 8208‑224 Philadelphia Road in Rosedale, finding the board lacks jurisdiction to review sewer charges issued by Baltimore County.

Appellant counsel argued the property owner should be able to seek relief from the city because the Metropolitan District arrangement and a 1974 intergovernmental agreement tied county billing to city sewer treatment accounting, and pointed to Charter Article 7, section 86, and provisions of Subtitle 13 of the City Code as bases for BMZA review of a DPW director’s ruling. The counsel said the bills in dispute totaled roughly $27,000 for calendar year 2023 and about $23,000 for 2024 after a refrigeration failure caused excessive water discharge into the sanitary system.

Adam Levine of the Baltimore City Law Department told the board the city’s Subtitle 13 authority is limited to bills the city issues to properties located in Baltimore City. He said the 1974 city–county agreement governs annual accounting between the county and the city and contains its own dispute-resolution mechanisms, including arbitration, and does not convert county-issued bills into city bills under Subtitle 13.

After hearing testimony and legal argument, the chair concluded BMZA lacked jurisdiction to hear a county-issued bill and announced a motion to deny the appeal. The motion drew agreement from the present members and the board denied the appeal on jurisdictional grounds.

The denial closes this stage of the applicant’s administrative remedies in Baltimore City; any further challenge to the county charges will need to proceed through the avenues applicable to Baltimore County or through any contractual dispute process described in the 1974 agreement, rather than BMZA review.

The board’s written resolution will set out the legal findings and will be issued to the parties per normal procedures.