Along with jobs, Fort Meade growth brings traffic concerns

From the Baltimore Sun: Along with jobs, Fort Meade growth brings traffic concerns

Erosion Prevention in Ellicott City

From the Baltimore Sun: Howard moves to stem erosion, pollution in Ellicott City waterway

Forest Conservation

Gorman Park, September 2011

Recently, there have been a few articles in the local press discussing forest sustainability. The Baltimore Sun wrote about complaints from forest advocates regarding development around Patapsco Valley State Park on both December 6 and December 7. After reading these articles, and driving by the Christmas tree lot set up at our local high school, I decided to look into forest conservation in Howard County.

In 1991, Maryland passed the Maryland Forest Conservation Act, which was followed by the Howard County Forest Conservation Act in 1993. These acts require developers to:  

address forest resources during the planning and review phases of land development. Any project proposing to clear or grade more than 20,000 square feet of forested land must provide a specified acreage of forest retention, reforestation, and/or afforestation relative to the proposed extent of forest clearing or grading.

The developer enters into a Forest Conservation Agreement, which is an easement, with Howard County. The developer must provide a Plat of Forest Conservation Easement (Plat), a Forest Conservation Plan (FCP), and a Deed of Forest Conservation Easement (Deed) before the County approves a final development plan. The Forest Conservation Plan details what actions the developer must take for the property in question . This includes whether the developer is engaging in forest retention or if he is to plant new trees within specific easements, including what species and sizes of trees are to be planted, and what protections are to be provided to the easements before, during, and after development.

In the event that there is no opportunity for forest conservation, the developer must pay a fee assessed per square foot of property to be developed.

The Department of Recreation and Parks (DRP) was granted the power to inspect forest easements by the Department of Planning and Zoning (DPZ) in 2001.

Now Agreements permit DRP staff to access easement areas to complete forest conservation inspections and to investigate possible violations of the Howard County FCA.  DRP staff members are directed by County planners within DPZ when to inspect specific forest conservation projects.  The costs of inspections are funded through fees paid by developers to the County.  Investigations of possible FCA violations are initiated by reports from concerned citizens, through the use of aerial photography or Geographical Information System (GIS) maps, and as a result of County personnel discovering a possible violation during the completion of their day-to-day activities.

Howard County requires a two-year survival and maintenance period for all forest conservation projects. Developers are required to post a bond throughout this period to guarantee compliance. A forest conservation project must pass an initial inspection before the two-year survival and maintenance period commences.  The inspection determines whether easement boundaries are correct, if planting and forest retention match the FCP, that protective signs are in place, that any violations are mitigated, that invasive species are being managed, and that the public is being educated.  A plot survey of reforestation and afforestation areas is completed to determine FCP compliance and tree survival.  A survival rate of 90% or better is required to initiate the two-year survival and maintenance period. A survival rate of 75% or better is required after two years.  Inspections may continue until the developer brings the project into compliance with the FCA.

If the DRP determines that there are encroachments or violations during the two-year survival and maintenance period, the developer must correct these issues. After the two-year survival and maintenance period ends, the DRP enforces FCA regulations. The DRP first tries to correct violations through public education and cooperation. After that, DRP can issue warning notices and civil citations to force compliances. Any collected fines fund DRP's restoration plan for mitigation of the site.

Howard County provides the following recommendations for project success in regards to forest conservation:

1. Request an extension from DPZ if a project is incomplete.
2. Verify the installation and replacement of forest conservation signs prior to scheduled inspections.
3. Educate the local community of forest conservation objectives and regulations.  It is best to respond to small problems before they become big problems.
4. Routinely monitor easements to assess tree survival and identify site-specific stressors.  Planting the right trees for a site will cost less than repeatedly replacing the wrong trees.  A developer may need to revise an FCP to deal with a problem.
5. Numerous invasive species thrive in Howard County and are capable of overtaking existing and planted trees.  Once again, routine monitoring and management can prevent a small problem from becoming a big problem.

Howard County Board of Appeals approves farm use as wedding venue

The Howard County Board of Appeals approve the use of a farm on Jennings Chapel Road as a wedding venue and antiques store

Green Tax Credits

Howard County is considering implementing tax credits for LEED certified homes. The Baltimore Sun reports:

Under the bill, owners of newly built homes that meet the "silver" standard in Leadership in Energy and Environmental Design, or LEED certification, awarded by the U.S. Green Building Council, could receive up to a 25 percent discount on their county property tax bill, while homes with the highest LEED rating could earn a 75 percent discount the first year.

LEED stands for Leadership in Energy and Environmental Design. LEED certification indicates that the building being certified achieves sustainability by meeting criteria in the following categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, locations and linkages, awareness and education, innovation in design, and regional priority. Buildings are scored on a scale of 0-100; the higher the score, the better the property meets sustainability standards under the LEED rubric. The resulting scores are then classified as silver, gold, or platinum.

The proposed tax credit in Howard County would provide homeowners who have achieved different levels of certification with different tax credits. According to the Sun,

"The legislation would give homeowners in Howard who have a LEED-certified silver rating a 25 percent tax credit. Those with "gold" certifications would receive a 50 percent discount, and "platinum" ratings would yield a 75 percent discount against county property taxes.... After the second year registering for the credit, a homeowner would have a 25 percent decrease each year, lowering their tax credit allotment. After four years, the credit would expire."

USGBC has a Maryland branch, which can provide individuals with more detailed information about LEED certification in Howard County.

Banks Giving Away Foreclosures

Earlier in the week, the Washington Post reported that some banks are giving away foreclosed properties rather than trying to maintain and sell homes in blighted areas. The article highlighted the efforts in Cleveland to minimize the damage an abandoned home can do to an already depressed neighborhood. In Cleveland, the Cuyahoga County Land Reutilization Corporation receives properties from banks which donated under an Ohio law passed in 2009 designed to created county land reutilization corporations (LRCs) - which are being referred to as land banks.

Land banking is a traditional method of investing. A purchaser will acquire large tracts of undeveloped land and hold the property until the time it becomes profitable again. In Cleveland, however, the Cuyahoga County Land Reutilization Corporation operates a little differently. The group "is committed to the healthy, sustainable redevelopment of Cuyahoga County. The CCLRC will exhibit this ongoing commitment through efforts such as deconstruction, the appropriate and innovative re-use of vacant land, and the use of energy efficient, green rehabilitation and new construction standards."

Green jobs in Maryland

Last week, I read an interesting article in the Baltimore Sun entitled "Green jobs economy has hits and misses in Maryland". The article said that "(c)lean jobs locally grew 2.6 percent annually from 2003 through last year..." - a rate which is apparently indicative of an uneven pattern of growth for Maryland's green economy.

Maryland has made many efforts to stimulate the green economy. You may recall my blog a few weeks ago on the recent legislation pertaining to B Corps. Additionally, in 2009, Maryland created the non-profit Maryland Workforce Corporation to provide job training, which received a $4 million grant from the U.S. Department of Labor’s Employment and Training Administration to benefit it's Mid-Atlantic Regional Collaborative Green Consortium.  As part of the grant, Maryland Workforce Corporation has a website called MARC Regional Green Jobs, which provides a posting board for employers to list green jobs that are available.

MARC defines green jobs as "jobs involved in economic activities that help protect or restore the environment or conserve natural resources". These jobs deal with renewable energy, energy efficiency, greenhouse gas reduction, pollution reduction and cleanup, recycling and waste reduction, agricultural and natural resource conservation, and education, compliance, public awareness and training. These jobs are expected to provide direct and indirect green goods and services, specialized inputs, and the distribution of green goods.

If you have questions on how green jobs can benefit your business, please contact our office.