Category Archives: Zoning

County Council Approved Shady Grove Master Plan Minor Amendment

August 3, 2021 By
Marrisa RoseMarrisa Rose

On April 6, 2021, the Montgomery County Council approved the Fall 2020 Shady Grove Minor Master Plan Amendment.  The Shady Grove Master Plan was originally approved in 2006 (the “2006 Master Plan”) and has not been updated since that time. Over the past 15 years, Montgomery County has undergone significant changes in their land use planning policies and practices, particularly with the approval of the comprehensive Zoning Ordinance re-write and County-wide re-zoning in 2014, the approval of the 2020-2024 Growth … Continue Reading

UPDATE: The Maryland General Assembly Passes the Forest Mitigation Bank Bill With Significant Environmental Protections Attached

August 3, 2021 By and

In a 100 to 38 favorable vote, the Maryland General Assembly passed House Bill 991 in both chambers with amendments aimed at addressing environmental concerns raised by environmental advocacy groups. HB 991, now renamed the “Tree Solutions Now Act of 2021”, appropriated government funding to a series of programs designed to preserve tree canopies and other forest protections. The amendments made significant technical changes to the bill, particularly modifying any use of the term “preservation” to be replaced with the … Continue Reading

Stacy Silber to Moderate NAIOP Webinar on MoCo Planning’s 30-year Vision

May 3, 2021 By
Land Use GroupLand Use Group

Land use attorney Stacy Silber will moderate NAIOP DC|MD’s “A Seat at the Table” webinar talking about the Planning Commission’s Vision for the next 30 years, and its recommended Thrive Montgomery 2050 Outcomes of promoting Economic Health, Equitable Communities and Environmental Resilience.

The webinar takes place from 8:30 AM-9:30 AM on Wednesday, May 5. Stacy will be joined by Montgomery County Planning Director Gwen Wright and Planning Board Chair Casey Anderson. You can register here: https://www.naiopdcmd.org/events/EventDetails.aspx?id=1509818.

Stacy Silber is a … Continue Reading

ALERT: Proposed Forest Conservation Legislation

that could have a significant effect on development moving forward

April 2, 2021 By and

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

Update: Thrive Montgomery 2050

March 9, 2021 By
Stacy SilberStacy Silber, Principal

The Montgomery County Planning Board continues to consider changes to the County’s General Plan – or what they are calling Thrive Montgomery 2050.  The Plan’s goal is to shift from the former Wedges and Corridors Plan to one that “recognizes the County’s assets. . . [and] focuses on remedying our shortcomings and harnessing growth to create economically competitive, environmentally resilient and socially equitable communities.”  See Staff Report.  

The Plan is ambitious, but also includes guidance regarding implementation, including … Continue Reading

ALERT: Proposed Housing Related Legislation in Montgomery County

March 8, 2021 By
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

Attorney Marrisa Rose Joins Lerch Early’s Land Use Practice

March 4, 2021 By
Land Use GroupLand Use Group

Lerch Early is pleased to welcome attorney Marrisa Rose as an associate in the Land Use/Zoning practice.

“Lerch Early’s Land Use Practice Group is excited to welcome Marrisa,” said Christopher Ruhlen, chair of the Land Use practice. “We’re looking forward to her becoming an important part of the team serving our clients and the firm.”

Marrisa earned her law degree from The George Washington University School of Law, and a bachelor’s degree in Political Science and Public Policy from the … Continue Reading

UPCOMING EVENT ON FEBRUARY 4: Housing Production and The Impact on Regional Economic Competitiveness

January 27, 2021 By
AvatarElizabeth Rogers, Attorney

Last fall, the Land Use Group at Lerch, Early & Brewer held a Regional Housing event, focused on the state of the housing market in the DMV.  The event explored how the Region’s housing market was responding to the housing shortage identified by the Metropolitan Washington Council of Governments and the associated housing targets established by local jurisdictions (like Mayor Bowser in DC and the Montgomery County Council), especially in light of COVID-19. 

Lerch, Early & Brewer Land Use Attorney Liz Rogers … Continue Reading

Montgomery County Council to Expand in 2022

Councilmanic Districts to be Revised to Add New Members

January 27, 2021 By
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

WEST HYATTSVILLE – QUEENS CHAPEL SECTOR PLAN UPDATE

January 25, 2021 By
Vincent BiaseVincent Biase, Attorney

The Prince George’s Planning Department has officially initiated its West Hyattsville-Queens Chapel Sector Plan Update. The public planning process began in October, when the Prince George’s County Council adopted Resolution CR-102-2020 to effectively authorize initiation of the Sector Plan Process. Shortly after, the Planning Department held its virtual Kickoff Meeting for the Sector Plan Update to outline general themes and objectives of the Plan update. Some of the key objectives, themes, and takeaways from the Kickoff Meeting are listed below:… Continue Reading