A plan to expand zoning regulations near sensitive Maryland shoreline is now in the hands of the state Senate after members of the House of Delegates adopted new development setbacks this weekend.
The bill, which passed the House in a 115-22 vote Saturday, extends setbacks along the Chesapeake Bay from 100 feet to 300 feet.
Del. Maggie McIntosh, D-Baltimore City, who championed the bill on behalf of Gov. Martin O?Malley ? who called an overhaul of the state?s critical-area laws a top priority ? said even the construction industry withdrew initial oppositionto the proposal.
“This will not preclude any development from moving forward, unless it couldn?t happen, wouldn?t happen under the existing critical-area law,” McIntosh said.
“The critical-area law doesn?t prohibit development. It manages development.”
The House also voted to ban most “hard” shorelines such as concrete bulkheads and stone riprap.
Both proposals met opposition from some lawmakers who said they intrude on private property rights.
Del. Tony McConkey, R-Anne Arundel, pointed to a provision in the critical-area bill that forces all violators to admit the offense and pay the state-regulated fine and mitigation costs, or contest the fine and, if found responsible, pay twice the fine.
Variances for “after-the-fact” offenses would only be considered after all fines are paid and the violation is corrected, he said.
“I think it?s unconstitutional to say to someone, ?You can?t use your property for whatever you want,? ” said McConkey. “I think the bill is very heavy-handed on the part of the state.”
Del. James Hubbard, D-Prince George?s, and member of the state?s Critical Area Commission, said the changes reverse a long-standing trend of weakening Maryland?s development regulations in environmentally sensitive areas.
He said neighboring Chesapeake states such as Pennsylvania rely on cooperative approaches to mitigating pollution and erosion.
