Calvert planners propose comprehensive rewrite of agricultural-preservation rules to reopen TDR program

Jennifer David, the county's rural planner, told the Planning Commission on July 16 that staff is seeking to repeal and replace Calvert County's agricultural preservation rules and regulations to consolidate decades of policy changes and prepare to reopen the county's transferable development rights (TDR) program to new applications.

Why it matters: the rewrite would clarify when an agricultural preservation district (APD) is considered permanently preserved, change how TDRs are calculated, and update administration and eligibility rules that have been out of step with current zoning. Those changes affect landowners' entitlements, the valuation of TDRs and how many dwellings may be permitted in preserved districts.

Key details from the presentation: David said the draft would require recorded covenants signed by all owners and parties with proprietary interest before an APD is treated as permanently preserved. The draft switches TDR computation to net buildable acreage (field surveys to determine wetlands and other nonbuildable areas) and specifies that five TDRs are deducted for each existing residence on a property. Density entitlements would be applied at the APD level rather than parcel-by-parcel, and tenant houses, primary residences and buildable lots would count toward that combined APD density. David said these clarifications are intended to reflect the March 2025 Calvert County zoning ordinance and "are not a change in policy, but rather a clarification of the policy within the document that needs updating." (Jennifer David)

Program scope and numbers: staff said the county has preserved more than 32,600 acres through county, state and federal programs; the draft cites about 580 APDs in the program and approximately 516 that have been permanently preserved. The county's moratorium on new APD applications, adopted by the Board of County Commissioners on 09/16/2013, remains in place until new criteria are adopted.

New and revised tools: the rewrite incorporates the TDR reserve program (a county-run TDR bank created in 2021) and expands eligibility for certain county funding that previously was limited to original APD owners to all TDR owners of record; applications for funding would be ranked by the formula set in the rules. The draft also adds agritourism as an enumerated permitted use and sets criteria for public and private events; staff said up to 12 public events per year could be permitted on APDs with Agricultural Preservation Advisory Board approval.

Public engagement and next steps: staff said planning will host a public information session on 08/28/2025 and begin accepting written public comments on 08/21/2025. David said the county will revise recordation documents and application requirements and that the county attorney will review legal language to reduce ambiguity.

Public concerns and exchanges: during public comment, resident Jerry Pitcher warned that changing the rules could alter existing, binding contracts and said, "If you break a contract, it's a breach of contract," arguing owners had made long-term plans for family build sites and sought clarity about compensation for lost entitlements. An online resident identified as JC urged the commission to balance preserving family legacy with creating opportunities for younger residents to afford housing.

What's next: staff will take the draft through the posted outreach and comment schedule; the presentation signaled substantive changes to how entitlements and TDRs are calculated and administered, but staff repeatedly framed several items as clarifications of existing policy rather than new entitlements or restrictions.