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.
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Jon Bell
Nancy Jo Fratz
Debra Savage