The state?s 25-year-old Critical Area Law aimed to restrict development and protect the Chesapeake Bay by directing local jurisdictions to enforce land-use programs. Environmentalists have faulted the law for having weak penalties and loopholes, and now Gov. Martin O?Malley?s administration has proposed legislation amending the law. Jennifer Bevan-Dangel, executive director of advocate group Patuxent Riverkeeper, spoke with The Examiner about the law.
Has the law had any effect?
It has had some impact, but it?s hard to see where it has been successful. It?s very easy to see where the law has failed.
What are the major weaknesses?
The major weakness is that the law is interpreted, implemented and enforced by 64 different jurisdictions with very minimal oversight by the [state] Critical Area Commission. Because there is no consistent standard, you are seeing small loopholes in the law being blown wide open.
You see an individual homeowner who wants to build into the 100-foot buffer. … The county just gives out variances.
Activists have called for stiffer penalties and fewer exemptions. Does the administration?s proposal provide that?
We are very pleased with the proposal. The language is very strong and fixed most of the major problems. It does address the lack of consistency by giving the commission regulatory authority and improves enforcement in the fees against violators.
What do you say to developers who say the land-use limits curb growth without directly protecting the Bay?
It probably will limit development. This is development Maryland decided 25 years ago we didn?t want to see any more of ? development on the edge of the waterways. That is development the Bay can?t afford.
