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Commissioners Keep Open Amendments Allowing Administrative Subdivisions of Open‑Space Parcels; Conservation Groups Ask for Safeguards
Summary
Two citizen-sponsored text amendments (Ordinances 2609 and 2610) would allow administrative subdivision (lot-line adjustments only) of open-space parcels created under TDR and non‑ontiguous development programs. Conservation groups urged tighter restrictions to prevent non‑farm uses; proponents said the changes preserve existing covenants and only allow ownership adjustments.
The Board of County Commissioners kept public hearings open May 26 on two related text amendments that would permit administrative subdivision — i.e., lot-line adjustments but not reconfiguration or creation of new lots — of open-space parcels in two county programs.
Ordinance 2609 proposed changes to Transfer Development Rights (TDR) standards to allow a parcel designated as open space following a conveyance to be subdivided administratively to accommodate lot-line adjustments but not to be reconfigured or to create additional lots. Ordinance 2610 proposes the same change for non-ontiguous development (NCD) parcels.
Jay Falsstead of the Queen Anne's Conservation Association opposed the measures without additional limits, warning they could open "Pandora's box" by enabling non-farm uses on what landowners believed were permanently deed-restricted open space. "When these landowners signed up for it, they knew what they were getting into," Falsstead told commissioners, urging stricter language to prohibit non-farm intensification.
Proponents, including landowners represented by Willard Parker, said the amendments merely enable practical ownership adjustments — for example, to align lines along streams, hedgerows or to accommodate sales to adjacent owners — and do not change deed covenants or permitted uses. County staff advised commissioners the administrative subdivision process would not permit reconfiguration or new lots and that deed restrictions remain enforceable.
Commissioners asked staff to research how often non-farm uses have actually been implemented on open-space parcels and to return with options for limiting undesirable uses; hearings on both items were left open for two weeks to allow additional written comment and potential ordinance refinements.
What to watch: staff follow-up will include examples from recorded deeds and a list of permitted non-farm uses under section 181-12 for commissioners to consider when drafting guardrails.
No final votes were taken.
