BZA upholds ag-board denial of forest-bank overlay on Miller Stambaugh Farm

The Carroll County Board of Zoning Appeals on appeal upheld the Agricultural Land Preservation Advisory Board's denial of a request for a forest-bank overlay on a parcel owned by Miller Stambaugh Farm LLC at 309 Jason Towne Road.

Applicant counsel Bradford Webb argued the deed of conservation easement (dated 05/04/2010) does not expressly prohibit creation of a forest bank and that the deed's paragraph limiting use "to provide required open space for the development or subdivision of another property" is directed at open-space requirements rather than forest mitigation banking. Webb told the board the provision relied on by the ag advisory board is limited and that ambiguous language should be resolved for the landowner.

County counsel (Liz Moore) and the agricultural program manager, John Parker Smith Jr., countered that the county had paid for a perpetual conservation easement and that the overlay would impair the county's interests by enabling the property to provide credits for outside development, contrary to the deed's purposes. "I recommended to not approve the request," Smith said, reading excerpts of the deed into the record and explaining the advisory board's reasons.

Expert witnesses for the applicant, including surveyor Dan Staley and forest conservation specialist Jonathan Bowman, testified that the easement contains no explicit bar on forest banks, explained how forest banks operate and highlighted environmental benefits. Bowman said the county's existing forest-bank inventory is low (about 18 available acres) and that banks provide off-site mitigation options for developers.

The legal dispute centered on the interpretation of article 2, section d of the easement and section j (rights of third parties). Webb argued the deed's reserved rights clause and the absence of a specific prohibition meant a forest bank was allowable; county witnesses argued the overlay would be inconsistent with the easement's purpose and with the county's compensation-based preservation program. The applicant requested roughly 2.7 acres be placed in the proposed forest bank; county staff and the advisory board opposed granting an overlay on property encumbered by a perpetual easement.

After deliberation, board members expressed concern about creating a precedent that would undercut the county's paid easements and agreed with the advisory board's interpretation. The board made a motion to uphold the agricultural board's denial (and, in the alternative, to deny the applicant's request), the motion was seconded and the board voted to uphold the denial. The chair said the oral decision will be followed by a written decision within 30 days and noted appeal rights to the circuit court.

The ruling leaves the property owner able to plant trees by other means (for example, through CREP or private plantings) but prevents creation of a perpetual forest-bank overlay that would be used to sell mitigation credits. The applicant may pursue judicial review within the time allowed by Maryland procedure.