National Association of Counties * Washington, DC / Vol. 30,
No. 7 * April 12, 1998
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NACo helps Maryland
counties
answer Smart Growth questions
By Abigail Friedman
project manager
How can counties create town centers to focus new development and comply with wetland regulations? This question particularly resonates with Maryland counties. The state's 1997 Smart Growth and Neighborhood Conservation Act provides incentives for counties to direct growth to designated "smart growth areas." Across the Maryland landscape, there are almost 600,000 acres of wetlands that are protected under state and federal laws.
Upon the request of Anne Arundel and Calvert counties, NACo hosted a meeting on March 13 to discuss these issues.
Anne Arundel County Councilman Bert Rice, and Calvert County Commissioner Mary Krug attended the day-long meeting along with 30 representatives from county planning departments and state and federal agencies involved with "smart growth" and wetlands protection. The goal of the meeting was to discuss issues facing Maryland counties and learn about options for moving ahead with local development priorities.
Speakers from Miami-Dade County, Fla. and the Lane, Ore. Council of Governments gave presentations on innovative approaches their communities have used to solve similar problems.
Anne Arundel and Calvert counties have both planned to designate new "town centers" to focus future development. Due to the presence of wetlands in the new development areas, both counties need to have approved permits by state and federal agencies to "fill" wetlands. With the overlap of state and federal laws for smart growth and wetlands protection, Anne Arundel and Calvert counties wanted to discuss how to best coordinate with all the agencies involved more efficiently to develop their town centers and comply with wetlands regulations.
John Frece from the Maryland Governor's Office started the meeting with an overview of Maryland's Smart Growth Law. The law provides priority funding to counties that designate town centers in areas where existing and planned infrastructure will help strengthen existing communities, protect natural areas and save taxpayers' money.
To explain the inter-agency roles in wetlands protection, presentations were given by representatives from the U.S. Army Corps of Engineers (USACE) headquarters and regional offices, U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service and the Maryland Department of Environment (MDE).
Each presentation outlined the individual agency role in the wetlands permit process. The 1972 Clean Water Act requires wetland permits to be approved by the USACE in consultation with EPA and other federal agencies as appropriate. The MDE has a separate permit approval process required by the state. The agencies also described how wetland permits are approved in the context of a watershed area. Planning tools such as special area management plans, as well as the permit process, include opportunities for public participation to help local residents meet their needs.
Jim Cannelli, Anne Arundel county deputy director of planning and code enforcement, described how the county first identified the site for a new town center called Odenton in 1968. The county chose the site before federal wetlands regulations were enacted because of its proximity to existing roads and a commuter train station before federal wetlands regulations were enacted.
After a lengthy review process, in 1994, the USACE did not approve the wetlands permit application submitted by the county and a residential developer. "We've learned that if you take care of the land, the land will take care of you. Now we need to get everyone around the table to make Odenton a real place while we continue to protect our environment," said Rice.
Calvert County is the smallest and fastest growing county in Maryland. David Brownlee, planner with the Calvert County Planning and Zoning Department explained that to construct a new loop road for the Prince Frederick Town Center, the county needs a wetlands permit.
Even though the county has wetland protection standards that are more stringent than state and federal requirements, it is reluctant to begin what could be a lengthy permit review process.
"Calvert County has been practicing smart growth and environmentally-friendly planning for a long time," Krug said. "What we need to do now is move forward with our plans to accommodate new growth."
Steve Gordon, principal planner for the Lane Council of Governments, Ore., gave a presentation on the West Eugene Wetlands Plan.
The plan was developed to accommodate community interests and comply with wetland regulations to designate certain areas for future development and others for protection. Gordon said the planning process was lengthy and people discussed the same issues being raised by Anne Arundel and Calvert counties. "You've made a good start today by having all of the agency representatives here together, he said.
Gwen Burzycki, biologist for the Miami-Dade County, Fla. Department of Environmental Management, gave a presentation on the how the county used GIS to identify where wetlands existed and then developed maps. With the maps and a public involvement process, the county identified areas of lower environmental quality more suitable for future development and other areas that should be preserved.
The meeting participants discussed opportunities to help Anne Arundel and Calvert counties move ahead with their smart growth initiatives. Anne Arundel and Calvert county officials plan to continue to meet with state and federal agencies to discuss how to implement town centers plans.
NACo is currently researching local government "smart growth" issues and initiatives.
For more information, please contact James Davenport, III, research associate
at 202/661-8807 or jdavenpo@naco.org.