Commissioners approve ordinance to allow nonmedical daycare in RCA overlay, pending Critical Area sign-off

The St. Mary’s County Board of Commissioners voted unanimously March 10 to amend the county zoning code to allow nonmedical daycare (use type 28) in the RCA overlay zoning district, with the change becoming effective only after approval by the Maryland Critical Area Commission.

Jessica Andritz, director in the Department of Land Use and Growth Management, told commissioners the amendment was drafted to respond to the needs of a current applicant and that staff would pursue review by the Critical Area Commission. She said the applicant had agreed to forgo certain variance rights in favor of the ordinance pathway and that staff will attend the commission’s review: “so that folks in the community will have…easier access to daycare for their young preschool children,” Andritz said.

Commissioners discussed the regulatory steps remaining, including a full review by the Critical Area Commission and the possibility that staff will sit through the commission’s committee review. One commissioner noted local support from the mayor of the project’s jurisdiction but asked staff to confirm continued backing during the CAC review.

A motion to approve the proposed ordinance — amending schedule 50.4 and section 51.30.28 of County Code Chapter 285 to allow use type 28 in the RCA overlay — passed on a voice vote. The board also authorized the commissioner president (or vice president) to sign all related documents.

The ordinance will not take effect until the Critical Area Commission issues its approval. Staff said they will return to the board with any required final steps after the state review.