Deep Creek Lake Zoning and Garrett County Ordinance Update
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By: Mike Kennedy mkennedy@railey.com 301-616-6106 January 8th, 2010 Category: Deep Creek Lake Real Estate, Garrett County News, Garrett County Real Estate, News |
The county has released its latest revisions to the Deep Creek Watershed Zoning Ordinance, the Garrett County Subdivision Ordinance, and the Sensitive Areas Ordinance. There has been a lot of language deleted and changes made from the original proposals that were previously released in the fall of 2009. A summary of the major issues are listed below;
Scenic Protection Overlay Districts
- There is a significant reduction in the size of the Overlay Districts according to the county’s most recent map.
- The current revision applies only on ridges and crests - deleting language referring to slopes and hilltops.
- Applies only in areas where houses create a silhouette on the skyline when viewed from Deep Creek Lake or the shoreline.
- Trees must now be retained or planted on the sides and rear of the house or improvement.
- No trees are required to be planted or retained between the house and the lake.
- If mature trees can be retained on the sides and rear of the structure then no planting is required.
Basically, this new ordinance will now require lot owners in these areas to either plant or retain trees on the sides and rear of the house when built - but not in front of the house - essentially creating a “framing” effect around the entire structure when looking at the house from the lake. The belief is this “framing” effect will help protect some of the scenic quality and character around Deep Creek. However, please note there will probably be no grandfathering in regards to this issue. So if you already own a lot in one of these districts and have yet to build a house - you will be required to plant or retain trees as specified above. The county will enforce these standards as part of the building permit process. So in order to get your final Use and Occupancy permit you will need to demonstrate that you have adhered to these standards.
Agricultural & Rural Resource Parcels
The revised map of the Deep Creek Watershed Zoning District reveals that the county has re-classified some of the parcels near the Dam from AR (Agricultural Resource) and RR (Rural Resource) to LR2 (Lake Residential 2). The current revisions also relax the AR/RR standards for subdividing property and basically provide for either a clustering or non-clustering option. Mandatory clustering and the creation of a resource parcel is NOT required. The 3 options to subdivide AR/RR parcels are as follows;
- Subdivide with 3 acre minimum lot a size (which is the current standard).
- For parcels 20 acres or less - or if transferring to children or grandchildren - 1 acre minimum lot sizes are now permitted.
- There will be an incentive for property owners who choose to do a cluster subdivision. The incentive will be a bonus density of 1 dwelling unit per 2 acres with no minimum lot size, 50% open space required.
The county has also revised the zoning ordinance language dealing with commercial architectural standards, removing the “commercial uses” language making the standards applicable to all non-residential structures - meaning public, institutional, and educational facilities will also have to adhere to these architectural standards which will call for a mandatory Planning Commission review. Other revisions address subdivision along scenic highways, setbacks for the drilling of natural gas, and development on steep slopes.
The Planning Commission has scheduled a public hearing on these proposed changes for Saturday morning, February 6th, 2010 at 10:00 am in the auditorium of Garrett College. The comment period for the public will probably be open for 30 days thereafter. So even if you can’t attend this hearing you will have the ability to register your comments.
Overall, these changes are a significant departure from the last set of proposals released by the county. However, these changes will have an impact on real estate at Deep Creek Lake and in Garrett County - so as always we urge you to register your comments, ask questions, and familiarize yourself with these proposals.
Tags: Add new tag, Deep Creek Lake Watershed Zoning Ordinance, Deep Creek Lake Zoning, Garrett County Real Estate, Scenic Protection Overlay District
January 15th, 2010 at 10:28 am
I sincerely hope that there are not further reductions in the restrictions on building homes on the mountains and slopes around DCL. In the past few years, all existing property owners have seen a decrease in their property values as the sides of mountains and the tops of ridges have been clearcut to make way for giant homes - replacing the beautiful trees that create a magnificant vista through out the year. If someone wants a lakefront view from every room, they should have to pay the top dollar that lakefront owners paid for their properties - they should not clearcut the trees around the home and ruin the experience for existing property owners and visitors. The original restrictions allowed for views from homes while preserving the beauty of the area - maybe 80%% coverage is too much, but 50% coverage would have been a good compromise - but 0% in front? This is truly developers having their way at existing owners expense.
January 19th, 2010 at 8:59 am
Glad you have expressed your views. I have been present at all the public sessions since these proposals were announced - from the public information meeting back in October to the subsequent Garrett County Planning Commission meetings each month. It did appear to me that the members of the Planning Commission and Jon Nelson’s office did take into consideration all public comment that had been made - from people who spoke at the meetings - to the people who e-mailed their comments. In fact, in one meeting they read all 130 e-mails and discussed each one. However, most of the public comment I heard them discuss in these meetings were comments and concerns from developer types. I think with proposals like this the county doesn’t do a good enough job getting the information out to all property owners who will be affected - they don’t mail announcements - all they really do is put an ad in The Republican newspaper which isn’t read by all the absentee owners who own property here. Most other jurisdictions in the country will actually mail announcements. We do our best to get the word out on issues like via this blog and our Resort Report newsletter but even if some property owners take notice of zoning changes like this they almost need a law degree to actually understand them. It’s not easy stuff to read and comprehend. The County Commissioners will still hold a public hearing so their is still time for property owners to make public comment. I’ll continue to post updates on this blog as things develop with these zoning changes.
January 27th, 2010 at 7:25 pm
Thank you Mike. I think you are exactly right that existing property owners are unaware and unable to voice their concerns. Most zoning meetings are scheduled during the day on work days, when most of the DCL property owners are not available to comment. Existing owners of second homes pay the majority of property taxes in the area, and their interests should be represented, but they are not. Please let us know when the public hearings are, and what ideas that you have to help represent absentee (but tax paying) property owner’s interests.
January 29th, 2010 at 12:08 pm
The Planning Commission’s public hearing is scheduled for Saturday, February 6th, 2010 starting at 10:00 am at Garrett College. The Planning Commission did decide to have a Saturday meeting instead of a Thursday evening meeting to be more accommodating to the absentee DCL property owners.
February 12th, 2010 at 12:58 pm
[...] and how they may affect Deep Creek Lake and Garrett County real estate can be found in this previous post. As always, we strongly urge you to become familiar with these changes, ask questions, and register [...]