ALERT: Proposed Forest Conservation Legislation

that could have a significant effect on development moving forward

Forest mitigation banks are an off-site method commonly used to meet certain environmental requirements under the Maryland Forest Conservation Act (the “Act”).  A recent Office of the Attorney General opinion established that off-site existing forests encumbered with a protective easement do not qualify as forest mitigation banks.  This strict interpretation of forest mitigation banks has the potential to have significant effect on development moving forward, particularly for developers in heavily urbanized jurisdictions.  House Bill 991 was recently introduced in an … Continue Reading

ALERT: Proposed Housing Related Legislation in Montgomery County

Bob HarrisBob Harris

County Councilmember Will Jawando has introduced two pieces of legislation relating to affordable housing.  One is aimed at expanding housing development potential in certain areas, while the other would impose rent control measures for various properties.  Both were the subject of a County Council hearing on February 11.

Zoning Text Amendment 20–07 would allow owners of R-60 zoned property, located within 1 mile of a Metro Station, to build duplexes, townhomes and multifamily structures provided the construction remains within the … Continue Reading

Montgomery County Council to Expand in 2022

Councilmanic Districts to be Revised to Add New Members

Chris RuhlenChris Ruhlen, Principal

In the 2020 General Election, Montgomery County voters approved a fundamental change to the structure of the Montgomery County Council, the legislative branch of the County’s government.  By approving “Question C,” voters have initiated a process whereby the County will create two new councilmanic districts, adding two new members to the Council’s legislative body.  Significantly, this will represent the first change to the Council’s composition in more than 30 years, affecting the disposition of certain land use matters that come … Continue Reading

Montgomery County Council Adopts 2020-2024 Subdivision Staging Policy

AvatarElizabeth Rogers, Attorney

On November 16, 2020, the Montgomery County adopted the new, four-year Subdivision Staging Policy, to be renamed the Growth and Infrastructure Policy, controlling growth and development for the next four years. Lerch, Early & Brewer was pleased to have had a significant role in working with Park and Planning Staff, the Planning Board, County Council Staff and the County Council itself on a policy that will better accommodate new development.

Most significantly, the new SSP eliminates the school moratorium policy, county-wide. … Continue Reading

Proposed Regulatory Extensions – Prince George’s County Council Responds to COVID-19 Impacts on Real Estate and Development Industries

Vincent BiaseVincent Biase, Attorney

On September 22, Council Bills 73-2020 and 74-2020 were introduced to the Prince George’s County Council. In light of the impact of COVID-19 on the real estate and development industries, CB-73-2020 and CB-74-2020 propose to extend the validity periods for approved Preliminary Plans of Subdivision, Detailed Site Plans, and Specific Design Plans. This legislation would effectively accommodate projects in the development pipeline that have been disrupted by Pandemic-related shutdowns and fluctuations in the marketplace by extending applicable approval periods.

Proposed

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