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Preservation Testimony

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2009-02-18

HB 297 – Smart and Sustainable Growth Act of 2009


Environmental Matters Committee, Maryland House of Delegates, Position: FAVORABLE WITH AMENDMENTS

 The local comprehensive plan has always been central to the state’s growth management strategies.  As we have seen in Terrapin Run and many other cases, however, comprehensive plans are too often ignored to accommodate developments that are contrary to the content of the plans.  Why take all the trouble of revising the local growth plan if it is not going to be followed?

 

This bill makes a definitional change that will be helpful in legal disputes, but that is not enough.  Zoning and other implementing ordinances must be changed to match comprehensive plans each time plans are updated.

 

Existing law already states that “a local jurisdiction shall ensure that the implementation of the provisions of the plan … are [sic] achieved through the adoption of applicable zoning ordinances and regulations, planned development ordinances and regulations, subdivision ordinances and regulations, and other land use ordinances and regulations that are consistent with the plan.”

 

This provision is clearly ineffective, since zoning updates in conjunction with comprehensive plan updates are not commonplace in Maryland.  To have its intended impact, this bill must be amended to include a deadline for zoning revisions to take place.

The current economic downturn is the perfect opportunity to re-evaluate how growth occurs in Maryland.  We need to stimulate growth as the economy rebounds, but we have to make sure we’re stimulating the right kind of growth.

 

As part of this opportunity, Environment Maryland urges the committee not to punt on this issue to the Task Force on the Future for Growth and Development in Maryland.  The task force has provided an extremely valuable forum for exchanging information and studying the issue, but it should not be relied upon for all the legislative recommendations needed to solve the enormous problem of uncontrolled development.  This committee has great expertise on the issue.  We encourage you to craft strong legislation to promote smart growth and preserve Maryland’s most valuable natural areas.