septic legislation – Jay's Real Estate Blog

Some builders scramble to be grandfathered under new septics law

May 25, 2012

By Len Lazarick
Len@MarylandReporter.com
Maryland Planning Secretary Richard Hall

Maryland Planning Secretary Richard Hall

In some counties, homebuilders and developers are scrambling to get percolation tests down by July 1 so they can be grandfathered in under the new law that restricts use of septic systems for major subdivisions in Maryland.

That’s a “natural” outcome of the bill that stirred intense controversy and opposition in the General Assembly, Planning Secretary Richard Hall told MarylandReporter.com. “We think we have a good grandfathering provision.”

How to interpret the grandfathering provisions was one of dozens of questions Hall and his staff handled at a roundtable discussion the department held Thursday that brought out scores of local planners from across Maryland trying to figure out how to implement the new law.

Read more: http://marylandreporter.com/2012/05/25/some-builders-scramble-to-be-grandfathered-under-new-septics-law/#ixzz1wI1VUUfh
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Deadline Dates For "Grandfathering" Private Septic Systems Approaching

May. 10, 2012

The Board of Garrett County Commissioners has announced important deadline dates and explained some provisions of a new Maryland law, effective July 1, that will affect land development with on-site sewage disposal or septic systems throughout the state, including Garrett County.

“We want to make sure the public is aware of this Maryland legislation,” said board chairman James Raley during the commissioners’ public meeting last Tuesday with Health Officer Rodney Glotfelty and Dof the Garrett County Department of Planning and Land Development John Nelson.

The new statewide law, called the Sustainable Growth and Agricultural Preservation Act of 2012, was recently passed by the Maryland General Assembly and was based on recommendations from the governor’s Task Force on Sustainable Growth and Wastewater Disposal, which had been charged with finding ways to address the impact of development with septic systems. State officials maintain that septic systems leach harmful nitrogen loads into the Chesapeake Bay Watershed.

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To comply with the new law and take advantage of its “grandfathering” provisions, the commissioners recommend that county property owners take note of several important deadline dates specified in the law if they plan to develop major subdivisions with seven lots or more.

Those deadline dates are as follows:

• July 1, 2012, for persons to apply for percolation tests on properties planned for subdivisions. After that day, major subdivisions of greater than seven lots may not be approved for utilizing on-site sewage disposal systems,

• Oct. 1, 2012, to submit preliminary plans for subdivisions with greater than seven lots utilizing on-site sewage disposal systems to Garrett County Department of Planning and Land Development.

• Oct. 1, 2016, to have subdivision preliminary plan approval from Garrett County Planning Commission for major subdivisions utilizing on-site sewage disposal systems.

The new law amends both Maryland Health and Land Planning statutes.

“If property owners make application by July 1, 2012, we stand ready to do the necessary soil and percolation tests to meet the required plat approval deadlines,” Glotfelty said. “The important thing is to have the application to our office (Garrett County Health Department) for these large subdivisions prior to the July 1, 2012, deadline.”

For more information or to schedule percolation tests, persons can call the Health Department’s Environmental Health Division at 301-334-7760.

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O'Malley bill to limit septic systems clears Senate

By Annie Linskey and Michael Dresser, The Baltimore Sun

9:09 p.m. EDT, March 27, 2012

Gov. Martin O’Malley’s bill to curb sprawl by limiting septic systems — a key piece of his legislative agenda — cleared the Maryland Senate Monday, albeit in a weakened form.

The measure aims to slow the pace of development of the state’s farmlands, forests and other rural areas. It also would reduce pollution from septic systems into the Chesapeake Bay. Getting Senate approval for the legislation is a significant step for the governor, who wasn’t able to get a similar bill out of committee last year. The measure goes now to the House of Delegates, where supporters are optimistic.

O’Malley initially sought a stronger bill that would let the state determine whether new developments could be built in rural areas. Last week he accepted a compromise supported by conservative Democrats and Republicans that keeps the final say on development in local hands.

“We are still achieving the public policy objectives,” said Maryland Planning Secretary Richard E. Hall. “I still think the bill does what it sets out to do. … It is very much intact.”

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O'Malley vows action on septic systems

Governor says growth off sewer lines undermines progress

By Michael Dresser, The Baltimore Sun

7:37 PM EST, December 29, 2011

Gov. Martin O’Malley promised a push during the coming legislative session to curb proliferation of large housing developments served by septic systems, saying that increased pollution from septic systems is undermining state progress in protecting the Chesapeake Bay.

Meeting with reporters Thursday, the governor took a defiant tone toward critics of his septic-control policies, which some have labeled part of a “war on rural Maryland.” O’Malley said that science is firmly on the side of those who want to control the growth of septic systems — typically used for large-lot developments in outer suburban and rural areas.

“One of the ways to get out of a hole is to stop digging it deeper,” O’Malley said. He pointed to figures showing that the state is making progress in dealing with other forms of pollution while nutrient production from septic systems is increasing.

While the governor made it clear that he would submit legislation, he did not provide specifics. A spokeswoman said it had not been decided whether the bill would be similar to last year’s proposal, which sought to ban some large developments on septic systems close to waterways, but O’Malley indicated that any proposal would include a provision to allow the children of farmers to build homes on family property.

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House of Delegates Passes MAR Septic Legislation

Jay’s note: This is great legislation for us here in Garrett County, as very few areas are serviced by public sewer.

House of Delegates Passes MAR Septic Legislation

HB 62 will ensure that property owners living in Maryland’s Critical Areas will receive a grant to fund the cost difference between a conventional septic system and one using nitrogen reduction technology when replacing a failing septic system. The legislation will override the current means test now being used by the Maryland Department of Environment. The legislation take effect on October 1, 2010.

The Senate will hold a hearing on the legislation on March 23.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Category: septic legislation

Some builders scramble to be grandfathered under new septics law

Deadline Dates For "Grandfathering" Private Septic Systems Approaching

O'Malley bill to limit septic systems clears Senate

O'Malley vows action on septic systems

House of Delegates Passes MAR Septic Legislation

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