Calvert County staff present draft rules to reopen agricultural preservation program and TDR reserve

Calvert County planning staff on Aug. 20, 2025 held a public information session to present draft rules and regulations that would supersede prior versions of the county's Agricultural Preservation District (APD) program and support reopening the transferable development rights (TDR) market.

The presentation, led by Jennifer David of the Department of Planning and Zoning, summarized the program's history (created in 1978), noted more than 32,600 acres have been preserved to date (24,229 through the county APD/TDR program), and outlined a multi-year effort to update rules to reflect changes in the county zoning ordinance and to implement recommendations from the county's TDR committee. David said the draft integrates the TDR reserve/banking program created in 2021, reinstated a portion of recordation tax funding in 2021 to support preservation purchases, and expands rural legacy areas to help increase preservation opportunities.

Why it matters: staff said the updates aim to apply a uniform set of regulations to all APDs, clarify administration and eligibility criteria, and improve transparency and consistent administration so the county can consider lifting a long-standing moratorium on new APD designations. The draft also codifies TDR reserve policies, clarifies how net acreage and TDR entitlements are computed, and aligns density provisions with the county's recently adopted zoning ordinance.

Key proposals and clarifications included: the TDR computation (one TDR credited per net acre after wetlands are deducted, with deductions for existing residences), revised minimum acreage thresholds depending on preservation area and contiguity (non-contiguous APDs would require a minimum of 50 acres), procedures and documentation requirements for APD applications (deeds, boundary surveys, soil/forestry management plans), and rules for amendments or withdrawals of APDs that would only be allowed under defined conditions when land has not been permanently preserved. The draft also formally incorporates agritourism uses permitted by zoning, and limits public events on APDs to a maximum of 12 per year with APAB approval.

On incentives and costs, staff described a provision that would offer up to an additional $200 per TDR sold in a PAR sale to help first-time sellers recoup the initial boundary-survey cost; staff explained the $200 is intended as a per-TDR supplement and said in many first PAR sales it is expected to offset the full cost of a survey depending on the number of TDRs sold.

Public input and next steps: staff opened the written comment period and asked residents to submit written comments to Jennifer David at the Department of Planning and Zoning (205 Main Street, Prince Frederick, MD 20678 or the email noted in the presentation). Staff stated that written comments would be forwarded to the Board of County Commissioners ahead of a public hearing and encouraged those who preferred not to speak publicly to schedule one-on-one meetings with staff; staff set aside time to meet with attendees after the session.

Staff emphasized the session was informational and part of an informal feedback stage prior to any formal BOCC action. The presentation included a stated written-comment deadline (presented as close of business Monday, 09/29/2025) and referenced a forthcoming hearing; the presentation text contained an inconsistent hearing date elsewhere in the slide text (an earlier year) that staff did not resolve during the session.

Closing: David thanked attendees for engagement and urged written comments; staff said they would incorporate public feedback before any formal adoption steps.