Who are “we?” We are some Carroll County activists outraged by the spot rezoning of a Woodbine farm outside of a planned growth area. We have formed a group, Preserve Rural Carroll, to advocate for open space preservation and to support appeal of the Rash farm rezoning decision. The Rash farm is located just north of the Howard County border at Route 97 and Eden Mill Road.
Open defiance of Smart Growth! The loss of the Rash farm can mean the end of farming in South Carroll and the collapse of the agricultural preservation program in Carroll County. The decision invites spot rezoning decisions anywhere in Maryland
Politics are at work here. For ultra-conservative property rights politicians, the Rash decision is the wedge to split apart Smart Growth. A written letter of comment by Md. Office of Planning Director Ronald Kreitner was successfully blocked from the official record of the rezoning hearing. He wrote, “ultimately the decision would result in a pattern of sprawl that would prove unsatisfactory to the community and more costly to the taxpayers of Carroll County.”
Commissioner Robin Frazier (R), reacting to Kreitner’s comments, stated that “they have no weight in my decision.” Commissioner Donald Dell (R), the other vote for re-zoning responded to Kreitner’s comments by saying, “I don’t appreciate an appointed state employee coming in to make our decision.”
Former Commissioner Ben Brown (R) wrote several editorial columns protesting the decision, with leads like “Farmland Preservation took a Hit,” and “Greed at Work in Farmland Rezoning.”
Does the Rash decision necessarily mean more rezoning? Retired dairy farmer and county commissioner Donald Dell said “no.” Although he voted for the Rash farm rezoning, he claimed he would oppose future rezoning requests in the area. Ha!
A nine-year political veteran, Dell certainly knows what has been unleashed! Indeed, another area farm of 47 acres has applied for rezoning, citing the Rash decision. Commissioner Dell’s reaction now: “It could open up a can of worms.”
Commissioner Dell also has asked a state legislative task force to consider removing the conditions of “change” (in neighborhood) or “mistake” (in zoning designation). He wants more freedom to rezone land for future industrial sites. Carroll County has the lowest industrial-commercial tax base in the Baltimore metropolitan area.
Where will preservation money come from? With the appeal clock ticking, perhaps $3 million will be needed for the purchase. Carroll County budgets $3 million a year for agricultural preservation. Would the county commissioners put up the whole preservation budget for one farm? Would they buy a farm that 2 of 3 commissioners voted last August to rezone for a golf course community? Fat chance!
What about some surplus state funds to preserve a key farm? The state has strongly disagreed with the rezoning but hasn’t given any indication that it will put up any money. Land trust organizations soon ask these questions. If we want to save the farm, can we raise the necessary funds for part of the money?
Preserve Rural Carroll has spent nearly $1,000 on the appeal filed November 1, 1999. Incredibly (or suspiciously), as this article goes to press, the county has not yet responded. This is highly unusual. At some point, lacking a county response, we will have to ask the court for a default judgement in our favor. That action would likely finally elicit a response from the county. Any decision in Maryland Circuit Court in Carroll County will almost certainly be appealed by either the county or PRC.
So what do we want? We want the rezoning precedent nullified. Otherwise, regardless of whether the farm is preserved, other farms can seek rezoning citing the Rash decision. The Rash farm is perhaps the largest remaining farm in South Carroll. We want it preserved. And we want to discourage further spot rezonings and the defiance of Smart Growth and agricultural preservation.
Checks may be made out to RALF and sent to Rash Appeal Legal Fund, P.O. Box 711, Westminster, MD 21158. We are also urging letters to Governor Glendenning for help in identifying funds for preservation. q
In Frederick County there is a new twist on the perennial attacks
on Maryland’s Forest Conservation Law: selling “mitigation banking” rights
for forested land in Frederick City’s watershed at perhaps $4,000 to $7,000
an acre. With 7,000 undeveloped acres in the watershed, the city has visions
of millions in revenue. Rick Weldon, Frederick City’s Chief Operations
Officer, commented on this spin on forest banking, “I think this is a land
use strategy that makes sense to me.” With his interpretation of the county
Forest Resource Ordinance (FRO), Weldon is already eyeing the banking rights
for other undeveloped city property such as Baker Park.
Is this a bad dream? Has James Watt reincarnated in Frederick City? Forest banking is generally understood to mean purchasing the right to plant trees on an alternate site because of difficulties preserving or planting trees on a site to be developed.
Frederick City’s approach would sell mitigation rights on public lands that have already been preserved. This will allow developers to cut down trees without having to replace them elsewhere.
Forest banking is problematic already. Replacing mature trees with vulnerable saplings on another site still represents a significant loss, but it is better than just clearing trees without any remedial action. Commissioner John L. Thompson is skeptical of this new concept of banking, stating that “The proposal to include watersheds in the FRO banking program will create a windfall for watershed owners and will result in a net loss of forest cover.” Commissioner Jan Gardner concurs, observing that selling credits for public land already owned really is outside the intent of the law.
Garrett County depends on profits from timber sales on public lands to subsidize county budget items such as schools. If this new “ forest banking” is ever tied to, say, new schools, would voters support the scheme? If you live in Frederick County, your commissioners need to hear your concerns. If you live in Frederick City, let Mr. Weldon and his boss, Mayor James S. Grimes, know of your displeasure with this scheme. Clearly this scheme threatens to undermine the forest conservation law. q