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Thursday, February 09, 2012

Maryland Senate Bill 236 & House Bill 445

Dear Fellow Rural Maryland's,

As many of you already know, in December just before the opening of this years legislative session Governor O'Malley enacted PlanMaryland over the protest of Senator Pipkin. It was a first step in moving the governance of land use from local County authorities to Annapolis. The second step is contained in these two bills. Everyone who has tried to read them has found them to be extremely complex, maybe intentionally so. Maryland Associations of Counties offers this interpretation.

http://marylandassociationofcounties.files.wordpress.com/2012/01/summary-of-septics-legislation-2012-01-25-maco.pdf

My personal concerns are many. In fact, I had already taken the time this past summer and fall to attend all of the Septic Task Force meetings. I can assure you that the ecological benefits of this approach have been grossly exaggerated and the cost and complexities tremendously understated. This is nothing but a State wide downzoning bill!

Two of the individuals who testified on the potential impact on values were truly clueless. Sometime I wonder how is it that legislators are irresponsible enough to let unqualified individuals have an opinion of the impact this bill will have on the life savings of Maryland farm families and the loan portfolios of all Maryland banks, when by MD appraisal laws their experts are not allowed to have an opinion on the value of a single residential lot.

In a nut shell, what I understand about the bill is it establishes four different septic zones which will overlay current zoning. From a complexity standpoint consider this, Maryland has 24 counties, each one has several different zoning districts. Although I personally doubt that each one will be impacted by all four of the septic tiers, for argument sake lets say it is only five. By my calculations that is 480 different combinations. Now how is that going to impact land value? In my opinion that is very hard to say, actually impossible, since no one knows which Septic Tier your property will eventually fall into. I do know that 1 dwelling unit per 25 acres scares the hell out of me. I also know is that it won't be $0 as both UM's Agro-Ecology and MDP contend, especially if the market ever comes back. Some day I hope to succeed in educating the experts at Agro-Ecology that a farm that can yield $50,000,000 worth of lots is worth more than a farm that can only yield $500,000. But if you take a look at the peer review's opinion of their work (attached), you will see its an up hill battle. Sometimes I wonder if maybe the problem is that they can't even read!

From what I can see the hearing for SB 236 is scheduled for February 14 @ 1:00. Judging from the number of bills to be heard that afternoon, it doesn't look as if they are expecting much testimony, even at only 2 minutes apiece. Personally, I would like to see a packed house. It is my understanding that it is Maryland Farm Bureau Day in Annapolis, that should help.

Our group has lost over $250,000 as a direct result of downzoning. But some farm families have lost considerably more. At just $500 per acre, that's $175,000 for the average farm family. I some cases it is probably 3 to 5 times the much.

Did you realize that if all Maryland families, not just farm families, shared that same $175,000, it would be less than 10 cents each? Somehow the whole thing just doesn't seem fair.

Unfortunately, this could very well be the last time we have a say in what can be done with our properties. I certainly hope to see you there. If not, maybe you could share this email, send in an email (if acceptable) or letter.

Thanks for you help,

David Cadell

1 comment:

Anonymous said...

The environmentalist extremists have cost me several million, and I am not a farmer, just a poor shmuck who happes to own waterfront property.