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County staff propose 12,700-acre Rural Legacy expansion; officials flag Tier 3-to-4 mapping question
Summary
Planning staff presented a request from the American Chestnut Land Trust to expand Calvert County's Rural Legacy eligible area by about 12,712 acres across three subareas to protect Fishing Creek and adjacent watersheds. Staff cautioned that many parcels lie in state growth Tier 3 and that the state's mapping rules may require conversion to Tier 4 if the expansion is approved; DNR/MD Planning clarification is pending.
Mary Beth Cook, director of Planning and Zoning, and rural planner Jennifer David presented a proposed expansion of the county's Rural Legacy eligible area at the board's Oct. 29 meeting. The American Chestnut Land Trust requested the addition to protect the Fishing Creek watershed; staff said the proposed expansion would include about 2,673 parcels totaling roughly 12,712 acres and would increase the county's rural-legacy-eligible area by an estimated 26%.
Jennifer David said the expansion is shown in three zones (Areas A, B and C) and includes portions of the Fishing Creek, Hunting Creek and Plum Point Creek watersheds. She noted that "the proposed expansion area includes 2,673 parcels and it covers a total acreage of 12,712 acres." Staff emphasized there is no direct fiscal impact to initiating an application and that the land trust and RC&D (Southern Maryland Resource Conservation and Development) will help prepare the grant request.
A significant planning complication is growth-tier mapping under the Sustainable Growth and Agricultural Preservation Act of 2012. Staff told the board that much of the proposed area is currently mapped Tier 3 and that state rules — and DNR practice — historically align Rural Legacy areas with Tier 4. Mary Beth Cook and Jennifer David said they have asked state agencies for clarification; DNR may require Tier 3 parcels included in a Rural Legacy expansion to be reclassified to Tier 4, which would limit future subdivision to minor subdivisions (seven lots or fewer) and could change property development potential.
Commissioners discussed outreach, the timeline for an RC&D submission (materials to RC&D by December; Rural Legacy application due in February; state advisory review in May/June and Board of Public Works action in late summer), and staff recommended submitting the application now so the state can determine the final scope. Commissioners asked staff to notify affected property owners and to continue outreach if the state approves any portion of the proposal.
No formal zoning map changes were adopted at the meeting; staff sought direction to include the requested expansion in the Rural Legacy grant application.
