Gov. Martin O?Malley?s legislation to strengthen limits on development along the Chesapeake Bay could unfairly threaten projects already under way, homebuilders said.
The Maryland State Builders Association said sweeping changes to the 1984 Critical Area law would affect projects in the approval pipeline ? making the process unpredictable for builders.
“We want to make sure it?s done in a way that doesn?t impact adversely the lot owners or worthy subdivisions,” said Kathleen Maloney, executive vice president of the Maryland State Builders Association, which represents 2,400 builders and developers.
O?Malley calledon lawmakers Monday to support his legislation, saying the bill represents an “achievable” goal.
“If we don?t take action, the Bay is going to die,” O?Malley said, standing on the beach in front of the Chesapeake Bay Foundation headquarters in Annapolis to rally for the reform.
The reform would give the regulatory authority to the Critical Area Commission, which oversees the implementation of the law, strengthens penalties, establishes new procedures for processing variances and updates the critical area boundaries.
The Maryland State Builders Association is working with the Critical Area Commission on amendments to the legislation, Maloney said.
As written, the legislation is retroactive, Maloney said, because it would include properties in various stages of approval. Instead, the legislation should only affect future projects, she said.
The association also took issue with the increased buffer of 300 feet, saying that is more than twice as much space needed to remove nutrient runoff.
The original law, aimed at protecting the Bay, limits development within 1,000 feet of tidal waters and bars development within 100 feet.
But the measure lacked consistent enforcement by local jurisdictions, and loopholes allowed development in the critical area, environmentalists and officials said.
“After these 24 years, we see violation after violation [and] minimal fines,” said former Gov. Harry Hughes, who joined O?Malley and other state officials at the news conference Monday.
Brad Heavner, head of Environment Maryland, called the reform “a great step forward.”
“We need to make sure we?re moving in the right direction,” he said. “It?s impossible to do everything we need to do at once.”
