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Commission reviews critical-area zoning amendments to add climate-resiliency goals and permeable-pavement allowances
Summary
Staff presented text amendment 25-13 to align the county's critical-area provisions with state guidance: goals for climate resiliency and equity, a change in comprehensive-review frequency from six to ten years (with a potential one‑year extension), allowances for limited additional lot coverage using approved permeable pavements, and clarifications on dwelling-unit definitions.
Planning staff presented proposed text amendment 25-13 to the county’s zoning ordinance on July 16. The amendment responds to the Maryland Critical Area Commission’s review and proposes several edits to the county’s critical-area article.
Will Hager, planner III with the Department of Planning and Zoning, said the revisions add explicit goals to "reduce vulnerability to the impacts of climate change" and to "ensure an equitable distribution of the burdens and benefits of development, mitigation, restoration, conservation, and adaptation to climate change within the critical area." The amendment also changes the statutory timing for a comprehensive review of critical-area provisions from every six years to every ten years and clarifies that the county may request a one-year extension in writing to the state when needed.
Ron Marney, the department’s environmental planning expert, confirmed the language largely came from the Maryland Department of Natural Resources (DNR) as part of statewide updates. "This language came directly from DNR," Marney said, and noted jurisdictions commonly seek extensions when scheduling local adoption steps.
Text amendment 25-13 includes substantive edits: it allows the county to change a critical-area land classification upon proof of mapping mistake (subject to state criteria); it proposes to permit up to an additional 500 square feet of lot coverage for pervious materials approved by the county program (installed to manufacturers’ specifications); and it adds definitions for permeable pavements and permeable pavers, describing product types and expected perviousness ranges.
Commissioners sought clarity on several points. One commissioner asked whether a 10‑year review interval is adequate given uncertainties from sea-level rise and storm-driven changes; counsel and staff said 10 years is the regulatory minimum from the state and the county could initiate earlier reviews if conditions warrant. Another commissioner questioned whether the phrase "areas vulnerable to climate change as identified by the county" is too vague; staff replied that FEMA flood-hazard mapping and state criteria would inform local determinations.
The amendment also revises the definition of dwelling unit to explicitly include accessory dwelling units and clarifies that, unless otherwise stated, accessory dwelling units do not count toward permitted parcel density — a change staff said aligns with existing local policy and could encourage more ADUs.
Staff characterized the work session as informational; staff will proceed with the public adoption process and schedule a joint public hearing with the Board of County Commissioners (tentatively Aug. 20). No adoption vote on text amendment 25-13 occurred at this meeting.
Commissioners and staff will continue the public-adoption schedule and follow-up technical work on mapping and perviousness criteria before formal adoption.
