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Calvert County to refine agricultural‑preservation rules and tighten TDR certification
Summary
County staff proposed a comprehensive update to Agricultural Preservation District rules (APDs), including requiring BOCC certification of TDRs at 1 per net acre, new certification steps, agritourism limits, and survey‑funding options; board asked staff to revise the draft and return.
Prince Frederick — County staff on Tuesday walked commissioners through proposed, comprehensive changes to Calvert County's Agricultural Preservation District (APD) rules and regulations — the first full update since the program began in 1978. Jennifer David, presenting for the Department of Planning and Zoning, described several substantive changes staff wants to add to improve transparency and align rules with the March 2025 zoning ordinance.
Key proposed changes include requiring certification at a base rate of 1 transferable development right (TDR) per net acre (total acreage minus designated wetlands), deducting 5 TDRs for each existing residence on a parcel, requiring title search and licensed‑attorney certification before conveyance, and making the Board of County Commissioners the body that certifies TDRs. David told the board: "TDRs shall accrue at a base rate of 1 TDR per net acreage of the property." The draft also calls for TDR certification to be recorded and for allocations to be recorded at the time of development.
Staff recommended clarifying permitted commercial and industrial uses on APDs, continuing to allow towers with Agricultural Preservation Advisory Board approval provided the location will not interfere with farming, and adding criteria for agritourism and public events so the APAB can evaluate requests (size, impact on farming operation, access and mitigation conditions). The presentation noted current zoning changes now allow up to 12 public events annually for farm wineries in the zoning ordinance; the draft requires APAB approval for public events on APDs and said the board will develop criteria for scale and frequency.
Commissioners asked for options to reduce the up‑front cost and timeline of boundary surveys required to certify TDRs. Staff presented multiple options: raising PAR funding per certified TDR from $200 to $500; allowing applicants to certify based on deed and best‑available data with a cap (e.g., certify at 90% of eligible TDRs without a survey); or contracting to fund surveys upfront with deductions if final surveys change certified counts. Staff said its preferred path balances program integrity and participation and proposed a combined approach: give applicants a choice to use county GIS/best‑available data for initial certification (with a 90% cap) or complete a full survey to certify 100% with additional PAR support.
On residential entitlements, staff said changes are needed to reconcile tenant houses and new state ADU rules. Commissioners emphasized protecting landowners who already have tenant houses; staff recommended pursuing a zoning text amendment after the holidays to clarify grandfathering and count rules.
The Agricultural Preservation Advisory Board opposed language that would permit extinguishing permanently preserved APDs for general government purposes, so staff removed that provision from the draft. Commissioners directed staff to revise the draft based on this session's input (survey‑funding approach, clear APAB criteria for events, grandfathering existing tenant houses, and in‑house GIS options) and return with updated text.
What's next: Planning staff will rework the draft rules and regulations, incorporating the board's direction, and return for further review. Commissioners also asked staff to analyze in‑house GIS and wetland layers to reduce the burden on applicants.
