Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Conservation topic
No spam. Unsubscribe anytime.
County proposes rewritten TDR/APD rules; farmers and landowners urge grandfathering and survey relief
Summary
Planning staff presented a comprehensive rewrite of the county's agricultural preservation rules to clarify APD designation, require boundary surveys for new applicants and update density rules; many current APD holders and farmers urged the board not to apply changes retroactively and raised concerns about survey costs and timing.
Calvert County planning staff outlined a comprehensive rewrite of the Agricultural Preservation District (APD) rules and Transferable Development Rights (TDR) program intended to modernize procedures, codify long‑standing policy decisions, and prepare the county to reopen APD enrollments. The proposed draft would standardize application requirements, add a TDR reserve program, and clarify how density is applied (by APD rather than parcel).
A key change in the draft is a proposed requirement that new APD applicants submit a boundary survey to establish precise APD limits and certify acreage for TDR calculation. Planning staff said the survey improves accuracy and program integrity but acknowledged it can be costly and time‑consuming. Staff offered options: increase the one‑time survey reimbursement incentive for first‑time sellers from $200 to $500; permit certification at a reduced rate (for example 90%) for applicants without a survey; or fund surveys up front from the PAR fund with the survey value deducted from TDR certification at the time of recording.
The public hearing produced strong pushback from many current APD owners and farmers. Several speakers said they learned about the proposed changes only recently and urged the county to honor existing contracts and not apply new requirements retroactively. "These proposed changes would take away TDRs," said one long‑time farmer. Commissioners acknowledged the concerns and asked staff for a redlined version of the draft and for options that protect existing contract holders while improving program transparency for new applicants.
The draft also addresses residential entitlements and how tenant houses count toward density. Planners noted that recent zoning changes recognize detached accessory dwelling units (ADUs) and that aligning the APD covenant language with current ADU rules will require careful drafting so that existing participants are not unexpectedly disadvantaged. Commissioners directed staff to return with redlines and refined options, and signaled support for grandfathering protections for existing APD contracts while applying revised rules prospectively.
