An attempt to charge all Anne Arundel property owners an annual runoff pollution fee might not hold muster with the County Council.
“It?s a fair solution, because it spreads out the burden over new and existing development, which is a big cause of the runoff problem today,” said Councilman Josh Cohen, D-District 6, who along with Chairman Ronald Dillon, R-District 3, and Councilman Jamie Benoit, D-District 4, want to amend the current fund bill.
The fund, originally designed by County Executive John R. Leopold, aimed at charging only new developers or homeowners adding impervious surfaces, such as rooftops and driveways. The fund was expected to generate $5 million.
“I am trying to strike a balance, and I recognize that this is a tax-adverse county,” said Leopold, who added he did not want to impose a fee on current development.
However, several council members and most residents who testified at a meeting this week said existing impervious surfaces need to be addressed.
But the council held off on the amendment when Councilwoman Cathy Vitale, R-District 5, raised legal concerns that it could violate the county?s tax-cap law and equity issues.
“Why should Annapolis Mall, with acres of [impervious surface] pay the same fee as the Dunkin? Donuts in Severna Park,” Vitale said.
The fee would need to be imposed on the use of the property, not its value, to circumvent the tax law, said county attorney Dave Plymyer.
“[Taxpayers] would be livid if they knew we could find ways around the laws because we didn?t like it,” said Councilman Edward Middlebrooks, R-District 2.
The council approved four amendments from Leopold, including easing the burden on small-property owners and better detailing how the fund will be used.
But with every council member raising a qualm about the bill, passage Nov. 5 seems doubtful, council members said.
“Given option A, option B or do nothing, there is the distinct possibly that nothing might occur,” Cohen said.
AT A GLANCE
The Anne Arundel bill, being presented as a potential county green fund, would tack on a $25 annual fee on residential property and a $100 fee on commercial property to a bill aimed at improving streams and stormwater management.

