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Businesses seek higher impervious-surface cap; conservationists, riverkeeper urge caution
Summary
Applicants asked the county to increase the suburban commercial district's maximum impervious surface (proposed from 45% to 80% or compromise 65%) to accommodate existing businesses; environmental groups warned the change could worsen stormwater runoff and recommended watershed accounting and mitigation.
At a public hearing on County Ordinance 26-06, three businesses represented by counsel Brendan Molany asked commissioners to raise the maximum impervious surface ratio in the Suburban Commercial (SC) zoning district for properties operating before Dec. 31, 2025. The text amendment would change the district's maximum from 45% to as high as 80% (applicants offered a compromise of 65% during the hearing).
Molany said the existing 45% lot coverage rule constrains operations, ``It doesn't just include asphalt and buildings … it also includes all parking areas whether they're on grass or pervious pavers,'' and argued that raising the cap would allow tenants to expand buildings and parking without creating countywide problems. He reported an aerial analysis showing only 39 of 202 SC parcels are nonconforming and said a 65% cap would eliminate most nonconforming situations.
Environmental and watershed advocates urged caution. Jay Falsstead (Queen Anne Conservation Association) and Annie Richards (Chester Riverkeeper, Shore Rivers) warned that raising impervious cover could increase stormwater runoff that harms streams and Bay tributaries, complicate the county's MS4 permit obligations, and suggested accounting for impacts by subwatershed. "When a subwatershed goes 5% impervious, you start to create conditions in the local streams that plummet dissolved oxygen levels and impact fishery habitat," Richards said, urging mitigation and accounting by subwatershed.
The hearing record was left open for two weeks. Commissioners did not take final action at the meeting, but the exchange underscored a tension between enabling business investment and safeguarding water-quality commitments.
What happens next: Written comments will be accepted during the two-week record period; staff will return the ordinance for further consideration, possibly with compromise language or additional mitigation requirements.
