County may tighten ?critical area? laws

Published June 13, 2006 4:00am ET



Developers and homeowners with waterfront property in Anne Arundel County could soon face stiffer penalties for building in buffer zones along the coast.

The county?s legal team recently completed a wide-ranging revision of local “critical area” laws and will hold a series of meetings next week to gather reaction and suggestions from the public.

Critical areas are defined as wetlands and shoreline areas within 1,000 feet of tidal waters. They are protected from development and deforestation by state and county laws. Builders must have permission from the county before disturbing a critical area and must have a plan to replace any brush or vegetation.

“One of the largest problems we?ve had with the critical area law was it could be wishy-washy at times,” said Linda Schuett, Anne Arundel County attorney.

The bill would double the fines for clearing in critical areas; the maximum fine is $10,000.

The proposed changes also would outlaw all clearing in a critical area, including removal of trees, vegetation, stumps and roots unless the county has approved a vegetation management plan detailing erosion control measures.

“It?s basically a good law, but it?s all in how it?s enforced and implemented,” said Drew Koslow, South Riverkeeper for the South River Federation. “Inspectors need to be able to write a ticket and not go through the courts, and there needs to be the political will to enforce the law, no exceptions.”

The county is mired in extensive administrative hearings with Daryl Wagner, a local developer who built a 3,200-square-foot house on Little Island in the Magothy River without a permit and in violation of critical area laws.

Anne Arundel County regulators, who didn?t discover the home until it was already completed, initially told Wagner he could keep his home if he demolished other structures on the property including a lighthouse, pool and gazebo. Local environmental groups challenged the ruling, and the case is now before the County Board of Appeals. Hearings are expected to continue through the summer.

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