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Planning staff warns repeal could complicate long-standing TMAGs recorded in land records
Summary
Planning staff told the committee that many traffic mitigation agreements (TMAGs) are three-party, recorded agreements that supported development approvals; modifying or terminating them could trigger plan amendments and additional transportation impact studies with real costs.
Planning staff and the county's transportation planners cautioned the Committee that many historical traffic mitigation agreements (TMAGs) are recorded three-party contracts between the Planning Board, DOT and property owners and may have been part of development approvals.
"TMAG is a 3 party agreement between the planning department, the Department of Transportation, and the effective property owner that allows us again to enforce different transportation demand management requirements," David Anspacher, Chief of the Transportation Planning Division at Montgomery Planning, said. He explained that changing or terminating TMAGs could require amendments to preliminary plans and updated transportation impact studies with nontrivial costs, and that retaining TMAG authority offers a mechanism to enforce trip-reduction commitments linked to approvals.
