July 18, 2006 The Capital

Critical Area Changes Dismay Riverkeepers
By JEFF HORSEMAN, Staff Writer

The guardians of several county waterways oppose a set of proposed changes in the county's Critical Area Law, saying the revisions could make it easier to harm the Chesapeake Bay watershed.

Bob Gallagher, riverkeeper for the West and Rhode rivers, sent an e-mail expressing his concerns to County Attorney Linda Schuett last week. The e-mail was backed by South Riverkeeper Drew Koslow and Patuxent Riverkeeper Fred Tutman.

Mandated by the state, the critical area regulations govern land use on shorelines along the bay and its tributaries, which include waters patrolled by the riverkeepers.

County Executive Janet S. Owens' administration is mulling changes to the rules in an effort to increase protection of the environment and make the law easier to swallow for waterfront property owners.

A major change would forbid any clearing in the critical area without the county's permission. The fines for illegal clear-cutting would double, from $1.80 per square foot to $3.60 per square foot.

Mr. Gallagher wrote that many changes being considered by the Owens administration "would make it easier for developers to remove vegetation, disturb soils and construct impervious surface in the Critical Area."

He wrote that the changes would:

Allow more impervious surface to be built in the Critical Area. Water can't penetrate impervious surface, so rain bounces off it and carries more pollution into the bay.

Allow up to 30 percent of a lot to be cleared, instead of the current 25 percent limit.

Exempt more properties from critical area requirements.

Reduce the amount of fees spent on replacing clear-cut vegetation.

Eliminate buffer management plans, which are used to scrutinize plans to remove vegetation in the Critical Area.

Mr. Gallagher also said the changes do nothing to address shortcomings in the county's critical area enforcement cited by a University of Maryland Law Clinic study.

The study found room for improvement in enforcement, even though the county has more inspectors and hands down more serious fines than other Maryland jurisdictions.

"Unless significantly higher priority is given to Critical Area Law enforcement, even changes that would strengthen the law are a wasted effort," Mr. Gallagher wrote.

Ms. Schuett said the riverkeepers have some valid points.

For example, fee money that currently go toward replacement vegetation could be redirected to other Critical Area-related tasks, such as reviewing plans. But Ms. Schuett said she doubted the change would affect the number of trees and plants in the Critical Area.

She also said some of Mr. Gallagher's arguments were off base. While buffer management plans would be axed, they would be replaced by another type of plan that does the same thing, Ms. Schuett said.

County officials, who have been working on the changes for close to a year, have held three public hearings to get comments. And Ms. Schuett said they might hold more.

Officials are facing a tight deadline for submitting changes in Critical Area Law to the current County Council.

With elections looming, the deadline for the council to take up new legislation is Sept. 18. But Ms. Schuett has said Critical Area legislation might have to be introduced next month, given its complexity, the need for public hearings and the likelihood of amendments by councilmen.

If officials miss the deadline, critical area reform will be a topic for the next county executive and council taking office in December.

For information about the proposed Critical Area changes and to comment on them, visit www.aacounty.org.

©Copyright South River Federation 2007