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Planning commission keeps public record open on county encroachment enforcement ZTA after residents raise equity concerns
Summary
Planning staff presented a zoning text amendment and SOP to enforce encroachments on county‑owned land; staff said fines would be capped at three times incurred costs and the county will initially pay for surveys. Commissioners voiced equity concerns for low‑income owners and voted to keep the public record open for 30 days.
Planning staff on April 20 briefed the Charles County Planning Commission on a proposed zoning text amendment and accompanying Standard Operating Procedure (SOP) designed to address encroachments onto county‑owned property that impede capital projects such as drainage and utilities.
Jason Groth, director of planning and growth management, said the ZTA is intended to provide a consistent legal framework to remove obstructions and move capital projects forward while the SOP explains the staff process for outreach and remediation. "We're here to work with you," Groth said, describing the sequence staff follows before enforcement.
Sarah Guy, chief of property acquisition, told commissioners the revisions reflect five major concerns raised during earlier reviews. Under the SOP, the county will hire a licensed professional surveyor and present that survey to the property owner; the county pays for the initial survey. "If the property owner wants to challenge that survey, that is their choice to do, but they also must pay for that survey themselves," Guy said, adding that the county would reimburse owners only if the county survey proves incorrect.
Staff proposed a fine cap tied to actual costs: fines would be limited to three times the total incurred cost, not an uncapped per‑day penalty. Guy used a shed removal example to explain the cap: if removal costs $900, a three‑times cap would limit a fine to $2,700 to cover removal, hazardous‑material disposal and staff time.
Commissioners pressed staff on dispute resolution and equity protections for vulnerable homeowners. One commissioner asked whether the county would reimburse owners who successfully prove the county was wrong; Guy replied, "If the county is wrong, then the county is definitely going to work to make the situation right. And if that means reimbursing, then we're going to reimburse." Staff said court processes remain available for disputes not resolved administratively.
Jacqueline Moore of Cobb Island, the lone in‑person public speaker on the item, urged the county to account for long‑term resident maintenance of rights‑of‑way, advance notice of work, and accommodations for residents with mobility limits who rely on parking in rights‑of‑way. "Being able to park in the Oriole Drive route has been a godsend," Moore said, asking that the county consider permits or disability accommodations before strict enforcement.
After extended discussion, Commissioner Jeffrey Bossert moved to keep the public record open for 30 days so residents could submit additional comments; the commission approved the motion on roll call (four in favor, one opposed). The public record will close Thursday, May 21, 2026, at 4:30 p.m., and a work session will follow once the record is closed.
Next steps: staff said they will refine SOP wording to clarify dispute and equity procedures and will bring a recommendation forward after the public comment period closes.
