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Urban Rural Conservation Synergy in Baltimore County

Milestones in Land Use & Conservation in Baltimore County, 1960-Present
by

bhopkins Neighborspace

on 4 December 2016

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Transcript of Urban Rural Conservation Synergy in Baltimore County

1963
THE PLAN FOR THE VALLEYS

Proposed principles for controlling development within the 70 square miles that comprise the Green Spring and Worthington Valleys.
1967
THE URBAN RURAL DEMARCATION LINE (URDL)

Provides a boundary beyond which public water and sewer are not provided and within which future population growth is to be accommodated.
1974
THE LAND USE ACT

1967
THE MD ENVIRONMENTAL TRUST

Established to provide landowners with information and tools to permanently protect
natural, historic and scenic
resources.
http://www.dnr.state.md.us/met/
1969
PROGRAM OPEN SPACE

Established to provide funds to the State and its subdivisions to enable them to acquire land for
outdoor public recreation
and open space use.
1977
MD AGRICULTURAL LAND PRESERVATION FOUNDATION (MALPF)

Established to preserve
productive farmland and woodland
for the
continued production of food and fiber
for all present and future citizens of the state. This is the main agricultural land easement program in Baltimore County.
1997
RURAL LEGACY PROGRAM

Established to set aside large blocks of rural lands for the protection of
natural and scenic resources
and the fostering of rural industries such as
agriculture
and
forestry
. Baltimore County adopted and also funds the Rural Legacy Program. In addition to purchasing easements on farmland, this program emphasizes the
protection of lands that are forested, have stream valleys or along the shoreline.
State approved Rural Legacy areas in Baltimore County include Coastal, Gunpowder, Long Green, Manor, and Piney Run. Individual Rural Legacy areas are administered by local land trusts.
Md. Code Ann., Nat. Res. Section 5-902(b)(2007) (The program is funded through real estate transfer tax revenues and requires local governing bodies to prepare a land preservation and recreation plan every 6 yrs). http://www.dnr.state.md.us/land/landconservation.asp
Funding for this program comes from the real estate transfer tax, an agricultural transfer tax, and general state bond money. http://www.malpf.info/
Md. Code Ann., Nat. Res. Section 5-9A-01(b)(1). (The program is funded by real estate transfer taxes and general obligation bonds). http://www.dnr.state.md.us/land/rurallegacy/index.asp
Maps of the County rural legacy areas are available at: http://www.dnr.state.md.us/land/rurallegacy/allrurallegacyareas.asp
1992
THE ECONOMIC GROWTH, RESOURCE PROTECTION & PLANNING ACT

Established 8 "visions" for avoiding the adverse environmental effects of development with which County comprehensive plans must comply and which are the foundation of Maryland's Smart Growth Program.
http://www.mdp.state.md.us/OurWork/1992planact.shtml
1997
THE SMART GROWTH & NEIGHBORHOOD CONSERVATION ACT

Revised the visions, which provide that:
1. Development is concentrated in suitable areas
2. Sensitive areas are protected
3. In rural areas, growth is directed to existing population centers and resource areas are protected.
4. Stewardship of the Chesapeake Bay and the land is a universal ethic.
5. Conservation of resources, including a reduction in resource consumption, s practiced.
6. To assure the achievement of items (1) through (5), economic growth is encouraged and regulatory mechanisms are streamlined.
7. Adequate public facilities and infrastructure under the control of the county are available or planned in areas where growth is to occur.
8. Funding mechanisms are addressed to achieve these visions.
Md. Ann. Code art. 66B, Section 1.01.(The act required counties to amend their zoning ordinances and regulations to ensure their consistency with "the visions" and to include provisions to protect the environment, to encourage economic development in
areas designated for growth
(i.e. "
priority funding areas
")and to
protect sensitive areas
from development. The priority funding area component required counties to establish priority funding areas, which are existing communities and areas in which they wanted growth to occur. Projects eligible for State funding if undertaken in a priority funding area included building highways, sewers, or water facilities, assistance for economic development, and State leases or construction of new office facilities). Md. Code Ann. State Fin. & Proc. Section 5-7B-01. http://www.mdp.state.md.us/PDF/OurProducts/Publications/OtherPublications/smartgro.pdf
2009
THE SMART, GREEN & GROWING ACT

Outlined 12 planning visions toward a more sustainable, more livable, and less costly future that counties are required to include in their comprehensive plans and implement through zoning and other regulations.
2011
PlanMaryland

Governor O'Malley accepts the plan by Executive Order. The plan is designed to improve planning coordination within State government and between the State and local plans, with the goal of
1. Encouraging sustainable development and protecting quality of life;
2. Developing land more consistent with growth in population and housing;
3.
Strengthening existing cities and communities
;
4. Protecting farmland;
5. Preserving natural, historic, and cultural resources.
6. Reducing automobile dependency;
7. Increasing access to transit, walking and bicycling;
8. Concentrating jobs in existing cities and communities and strengthening economic development;
9. Increasing housing affordability; and
10. Minimizing residential land consumption outside of existing communities. http://www.plan.maryland.gov/
Authorization for State to prepare a State Growth Plan "to promote the general welfare and prosperity of the people of the State through the coordinated development of the State."
1. Quality of Life and Sustainability: A
high quality of life is achieved through universal stewardship of the land, water, and air resulting in sustainable communities and protection of the environment
.
2. Public Participation: Citizens are active partners in the planning and implementation of community initiatives and are sensitive to their responsibilities in achieving community goals.
3. Growth Areas:
Growth is concentrated in existing population and business centers,
growth areas adjacent to these centers, or strategically selected new centers.
4. Community Design: Compact, mixed–use,
walkable design
consistent with existing community character and located near available or planned transit options is encouraged to ensure efficient use of land and transportation resources and
preservation and enhancement of natural systems, open spaces, recreational areas
, and historical, cultural, and archeological resources.
5. Infrastructure: Growth areas have the water resources and infrastructure to accommodate population and business expansion in an orderly, efficient, and environmentally sustainable manner;
6. Transportation: A well–maintained, multimodal transportation system facilitates the safe, convenient, affordable, and efficient movement of people, goods, and services within and between population and business centers;
7. Housing: A range of housing densities, types, and sizes provides residential options for citizens of all ages and incomes;
8. Economic Development: Economic development and natural resource–based businesses that promote employment opportunities for all income levels within the capacity of the State’s natural resources, public services, and public facilities are encouraged;
9. Environmental Protection: Land and water resources, including the Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air and water, natural systems, and living resources;
10. Resource Conservation: Waterways, forests, agricultural areas, open space, natural systems, and scenic areas are conserved;
11. Stewardship: Government, business entities, and residents are responsible for the creation of sustainable communities by collaborating to balance efficient growth with resource protection; and
12. Implementation: Strategies, policies, programs, and funding for growth and development, resource conservation, infrastructure, and transportation are integrated across the local, regional, state, and interstate levels to achieve these Visions.
http://www.mdp.state.md.us/OurWork/2009Legislation.shtml
2010
THE SUSTAINABLE COMMUNITIES ACT

Designed to
support existing communities as desirable places to live
and do business and to reduce outward pressure for sprawl development. Also replaces the Maryland Heritage Structure Rehabilitation Tax Credit with the Sustainable Communities Tax Credit. The Sustainable Communities law enhanced an existing rehabilitation tax credit into the Sustainable Communities Tax Credit Program. It also simplified the framework for
designated revitalization target areas
in the Community Legacy (CL) and Neighborhood BusinessWorks (NBW) programs, establishing a new transportation focus on
older communities
and enhancing the role of the Smart Growth Subcabinet (SGSC) in the
revitalization
of communities.
http://www.mdp.state.md.us/OurWork/2010legislation.shtml
1960
1970
1980
1990
2000
2010
2012
THE SUSTAINABLE GROWTH & AGRICULTURAL PRESERVATION ACT (aka "the septics bill")

Established to limit the disproportionate impacts of large subdivisions on septic systems on farm and forest land, streams, rivers and Chesapeake and Coastal Bays. Requires counties to establish development tiers indicating where major and minor subdivisions will be located and what type of sewerage will serve them according to an established framework:
Tier I areas are currently served by public sewerage systems. Major or minor subdivisions on public sewerage are allowed.
Tier II areas are planned to be served by public sewerage systems. Major or minor subdivisions on public sewerage are allowed. Minor Subdivisions on individual on-site disposal systems shall be viewed as interim.
Tier III areas are planned for future growth on septic systems. Guidance provides that On-site sewage disposal systems are best suited for large lot development or for communities that are too small to financially support larger public sewerage systems. Correspondingly, the intent in mapping Tier III areas is to identify areas that are planned for large lot development, or are existing Rural Villages and towns without public sewerage systems. A local jurisdiction should strive to avoid creating a Tier III area that is bounded on all sides by land in a Tier IV area. Major subdivisions on individual on-site septic systems are only permitted here, with recommendation of the planning board. The default definition of a major subdivision is anything greater that 5 lots under state law and 4 or more lots in Baltimore County
Tier IV areas are planned for preservation and conservation and prohibit residential development. Only minor subdivisions on on-site disposal are permitted. Some counties may be able to permit major subdivisions in a Tier IV area if they can meet strong land
protection requirements. http://www.mdp.state.md.us/OurWork/2012legislation.shtml
Md. Code Ann., State Fin. & Proc. Section 5-602.
1962
THE VALLEYS PLANNING COUNCIL

Created to conserve land and resources, preserve
historic character
, and maintain the
rural feel
and land uses in the valleys.
http://www.thevpc.org/
1994
BALTIMORE COUNTY AGRICULTURAL LAND PRESERVATION PROGRAM

Created in 1994 to preserve
working family farms of at least 20 acres
in size in Agricultural Preservation Protection Areas (APPA).
1989
GUNPOWDER FALLS CONSERVANCY

A nonprofit organization established to mobilize people and resources to care for the lands, waters and
character of the

Gunpowder Watershed
. Its emphasis is on land
preservation
,
restoration, stream
cleanups
, and
education
.
1993
THE MANOR CONSERVANCY

Founded to preserve the predominantly
rural character
of the Monkton, Manor and White Hall areas and to assist landowners and the community in permanently protecting land from development with conservation easements.
1995
LONG GREEN LAND TRUST

Founded to preserve open space,
farmland, natural resources and historic sites
in the
Long Green Valley
and its environs.
1986
THE LAND PRESERVATION TRUST
Established to work along side the Valleys Planning Council for purposes of holding conservation easements.
1972
FIRST BALTIMORE COUNTY MASTER PLAN

1975
RESOURCE CONSERVATION ZONES CREATED (RC2, RC3, RC4, RC5)

1976
COMPREHENSIVE ZONING MAP PROCESS (CZMP) INITIATED

1988
CAVES VALLEY LAND TRUST

1989
SUPPLEMENT TO THE PLAN FOR THE VALLEYS IS PUBLISHED

2000
ADDITIONAL RC ZONES CREATED (RC6, RC7)
2004
RC8 ZONE CREATED
2008
COUNTY ADOPTS RURAL ROAD DESIGN STANDARDS
2010
COUNTY ADOPTS MASTER PLAN 2020
2002
COUNTY COUNCIL PASSES RESOLUTION 75-02, ESTABLISHING NEIGHBORSPACE
2004
FUNDING SOURCE ESTABLISHED FOR NEIGHBORSPACE
Legislation is passed and codified in the County Code at Section 32-6-108 giving the Director of Recreation & parks discretion to allocate up to 10% of local open space waiver fees collected to NeighborSpace. http://www.amlegal.com/library/md/baltimoreco.shtml
2011
NEIGHBORSPACE IS ESTABLISHED A S COMMUNITY BENEFIT UNDER THE PUD ORDINANCE
Over 50
Community Enhancement Areas
(CEAs) are established and
targeted for redevelopment so as to accommodate growth
.
2012
COUNTY CREATES NEIGHBORHOOD COMMONS ZONING OVERLAY DISTRICT
Bill 7-12
Bill 64-11
2012
COUNTY ADOPTS
DEVELOPMENT TIERS
Areas within the Urban Rural Demarcation Line (URDL) define the Growth Area
. Growth Tiers established by SB236 exhibit the following characteristics (PDF) when applied to Baltimore County:
Tier I: Existing sewer inside URDL (S-1 or S-3 sewer map designation).
Tier IA: Existing sewer outside of URDL (S-1 or S-3 sewer map designation) annotated for the purpose of sanitary health and not for future growth.
Tier II: Planned sewer inside URDL (S-4, S-5, or S-6 sewer map designation).
Tier IIA: Planned sewer outside of URDL (S-4, S-5, or S-6 sewer map designation) annotated for the purpose of sanitary health and not for future growth.
Tier III: DR or RC 5 zones outside URDL with no planned sewer (S-7) and not in conservation or preservation areas and not dominated by Ag/Forested land.
Tier IV: Any area outside URDL within Agriculture Priority Preservation Areas, Resource Preservation Areas, Rural Legacy Areas, and/or parcels subject to covenants, restrictions, conditions, or conservation easements for the benefit of, or held by a State Agency, as defined in §9-206 of the Environment Article, or a local jurisdiction for the purpose of conserving natural resources or agricultural land and/or areas dominated by agricultural or forested land and/or Resource Conservation zones (excluding RC 5) outside the URDL and not in conservation or preservation areas.
Source: Baltimore County Department of Planning, Growth Tier Mapping Guidelines, http://www.baltimorecountymd.gov/Agencies/planning/welcome/sb236.html
2013
WITH NPS SUPPORT, NEIGHBORSPACE DEVELOPS STRATEGIC CONSERVATION PLAN
2010
COUNTY COMPLETES RESIDENTIAL DEVELOPMENT CAPACITY STUDY WITHIN THE URDL
"The county is
no longer a developing county, but is a re-developing county
." p. 37
"There is a
great deal of development potential left in the county
- 13,000 to 30,000 new units that can be constructed under present zoning regulations, in addition to the 10,000 units that are currently in the development pipeline." p. 38
"
For Baltimore County, as a maturing jurisdiction, encouraging continued non-selective infill development may not be the best way to accommodate new growth in some areas
." p. 38
"While
redevelopment is more costly than greenfield development
, it can be planned at a higher density, providing an economic incentive for the developer and greater tax benefit for the county. For the developer, the economic incentive should be paired with a requirement for a
higher quality of design accompanied with a range of attractive amenities to ensure a positive impact on the community
."p. 38
1979
OWINGS MILLS & PERRY HALL-WHITE MARSH ARE DESIGNATED AS GROWTH AREAS

1990
COUNTY ADOPTS MASTER PLAN 1989-2000

Land Management Areas are created and mapped for the first time.
2004
COUNTY ADOPTS THE RENAISSANCE REDEVELOPMENT PILOT PROGRAM
Established to demonstrate the feasibility and benefits to
revitalize established communities
through redeveloping underutilized sites and a collaborative design process.
1983
CHESAPEAKE BAY AGREEMENT

Recognizes that population growth and its associated development patterns are major causes of environmental degradation.
http://www.chesapeakebay.net/content/publications/cbp_12512.pdf
1984
CRITICAL AREAS ACT

Mandates monitoring of a 1,000-ft.
shoreline
strip around the
Chesapeake Bay
& and its
tributaries
; regulates land use within that area.
http://www.dnr.state.md.us/criticalarea/
http://www.baltimorecountymd.gov/Agencies/planning/zoning/download_plan_parts.html
http://www.baltimorecountymd.gov/Agencies/planning/zoning/czmparchives.html
http://www.thevpc.org/wp-content/uploads/PlanForTheValleys.pdf
http://www.baltimorecountymd.gov/Agencies/planning/masterplanning/historyofmasterplanning.html
http://www.thevpc.org/wp-content/uploads/SupplementtothePlanfortheValleys.pdf
http://www.gunpowderfalls.org/
http://resources.baltimorecountymd.gov/Documents/Planning/imported_documents/masterplan2010.pdf
http://www.themanorconservancy.org/
http://www.baltimorecountymd.gov/Agencies/environment/landpreservation/agpres.html
http://www.lgvc.org/
http://www.mdp.state.md.us/PDF/OurProducts/Publications/OtherPublications/SG_Successes_BACO.pdf
http://www.neighborspacebaltimorecounty.org
http://www.thevpc.org/the-valleys-today/special-projects/rural-road-design-standards-study/
http://www.baltimorecountymd.gov/Agencies/planning/publicationsandmaps/downloadstudyparts.html
http://www.baltimorecountymd.gov/Agencies/planning/masterplanning/masterplan2020.html
http://resources.baltimorecountymd.gov/Documents/CountyCouncil/bills/b06411.pdf
http://resources.baltimorecountymd.gov/Documents/CountyCouncil/bills%202012/b00712.pdf
http://www.neighborspacebaltimorecounty.org/openspaceplanning.html
URBAN-RURAL CONSERVATION SYNERGY: TOOLS AND TACTICS
NeighborSpace of Baltimore County, Inc. 2013
2000
COUNTY ADOPTS MASTER PLAN 2010

A
rural acreage conservation goal
(80,000 acres) is established for the first time. http://resources.baltimorecountymd.gov/Documents/Planning/imported_documents/masterplan2010.pdf (See The Rural County, p. 221).
2003
40,000 ACRE MILESTONE FOR
RURAL LAND CONSERVATION

2004
COUNTY ADOPTS IMMINENTLY THREATENED FARM PROGRAM
For protection of
farmland in imminent threat of conversion
from transition of farm operation within the family, financial difficulties that jeopardize the farm operation, and imminent development. http://www.baltimorecountymd.gov/Agencies/environment/landpreservation/agpres.html
1974 FIRST MET EASEMENT IN BALTIMORE COUNTY
1981
FIRST MALPF EASEMENT IN BALTIMORE COUNTY

1998
FIRST USDA FARM & RANCH PROTECTION ACT EASEMENT IN LONG GREEN

2002
FIRST SCENIC VIEWSHED EASEMENT

With the State Highways Administration through the Federal Transportation Enhancement Program on a farm in Sparks.
"The area is
beautiful
and
vulnerable
...."
Shawan Downs: Founded to preserve the landscape's
agricultural legacy
while building a
new tradition of equestrian events.
Once a grand plantation

with tobacco fields and iron ore mines belonging to
Charles Carroll, Barrister, the entire valley
has been designated a
National Historic

Place
owing to the efforts of the land trust.
"Forests along the shoreline of Maryland's waterways are not only
beautiful
, but provide important
water quality
and
habitat benefits
." Md. DNR, The Green Book for the Buffer. www.dnr.state.md.us/criticalarea/buffer.asp
"Development is concentrated in suitable areas
.
Sensitive areas are protected.
In rural areas, growth is directed to existing population centers and resource areas are protected.
Stewardship of the Chesapeake Bay and the land is a universal ethic.
Conservation of resources, including a reduction in resource consumption, is practiced.
To assure the achievement of items (1) through (5) ... economic growth is encouraged and regulatory mechanisms are streamlined.
Adequate public facilities and infrastructure ... are available or planned in areas where growth is to occur.
Funding mechanisms are addressed to achieve these Visions."
LGLT has conserved over 2,500 acres of
farms
,
acreage
and green space in the Long Green Valley
National Historic District
.
"to preserve small parcels of open space for recreational use."
The RLA includes the
highest concentration of natural resources values
in the County (
forest and agricultural lands as well as both fresh and tidal wetlands
). Since the RLA has been created, a contiguous block of over 1,500 protected acres has been created on the Back River Neck peninsula. There are significant opportunities for increasing public access to the Chesapeake Bay and to protect shorelines.
This Area protects the Gunpowder's
significant river frontage
, which also protects the
drinking water source
for the Baltimore metropolitan area including Pretty Boy and Loch Raven Reservoirs. The
scenic, rural, recreational, and historic areas
of the region are protected in this Area, such as the popular Northern Central Railroad Trail.
The Area contains
significant habitat
and
wildlife corridors
and much of the Area is in a
National Register Historic District
. The Area minimizes development threats to
sensitive lands
adjacent to the Loch Raven Reservoir and in the Long Green Valley.
The Manor Area is well known for its
scenic beauty
and
historic structures
, including the
National Register Historic District of My Lady’s Manor
, comprising the land given by the 3rd Lord Baltimore to his wife in 1713. The Area includes many
productive horse and cattle farms
and the Little Gunpowder Falls, a
Class 3 trout stream
and
important Chesapeake tributary
.
The Piney Run Rural Legacy Area (RLA)
protects the Baltimore water supply
and one of the
largest, contiguous easement blocks of land supporting agriculture and natural resource systems in the eastern United States
.
In Baltimore County, Catonsville, Greater Dundalk/Sparrows Point, Pulaski Highway
Redevelopment Area, and Hillendale/Parkville/Overlea have applied for Sustainable Communities designation.
"Typical suburban form is low density, segregated by use and
auto dependent
with a
discontinous, dendritic street network
and
poorly defined public space
," i.e.
unsustainable
. p. viii.
2009
TRANSFORMING RACE & CLASS IN SUBURBIA IS PUBLISHED

1988
COUNTY REQUIRES DEVELOPERS TO SET ASIDE 1000 SF OPEN SPACE/DWELLING UNIT

Balt. County Code, Section 32-6-108
2012
MET ADOPTS A POLICY ON URBAN EASEMENTS

For the first time, State income and property tax benefits are available to donors of easements under 25 acres, where the local land trust co-holds the easement with MET.
http://www.dnr.state.md.us/met/pdfs/conservation_easement_policy.pdf

2013
NEIGHBORSPACE SECURES $150,000 IN BOND FONDING FOR POWHATAN PARK
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