Planning staff weighs narrow text amendment to allow limited reserve‑land releases for MALPF inclusion; council cautious

At the council meeting on April 14, planning staff described a citizen‑sponsored zoning text amendment that would create a pathway for property owners to petition the council to release existing county reserve land areas so the acreage could be included in Maryland Agricultural Land Preservation Foundation (MALPF/MAF) easements.

Planning Officer Brennan Tarlton explained the proposal was prompted by a specific case in which a property owner received an option contract from MAF after previously having county reserve land mapped on a parcel. MAF informed the county that, as a policy matter, it would not accept underlying local easements in conjunction with a MAF easement, prompting the applicant to seek release of the county reserve area before pursuing a MALPF easement.

"This application would allow a petitioner to come before council to request release of a reserve land area," Tarlton said. The planning commission recommended adding a narrow time window — properties with an option contract entered between April 1, 2024 and March 31, 2026 — so the change would apply to a single identified case rather than opening a general pathway.

Council members expressed unease about the possibility that land already protected by county reserve easements could be paid for again through a state MALPF payment if released first. Staff and commissioners emphasized the change would not automatically grant release; the council would still have discretion and the planning commission's recommended language would limit applicability to the identified case. No council member moved legislation forward at this meeting; staff were directed to consider the matter further if the council chooses to prepare formal legislation.