
MODEL # 98-17
SMART GROWTH LEGISLATION
STATE OF MARYLAND
EXECUTIVE SUMMARY
Jurisdiction Statistics:
Population: 5.1 million
Size (square miles): 9,774
Dollar Amount of Construction Per Year: $14.7 billion (1992)
Regulatory Areas:
Zoning and Land Use
Special Legislation
Plan Review
Right-of-Way
Dwelling Use Per Acre
Setbacks
Fire District
Sewer and Water Capacity
Landscaping
Stormwater Management
Traffic Impact
Roads/Maintenance
Easements
PROBLEM:
Zoning & Land Use - Urban and Suburban Sprawl
The State of Maryland and local governments wanted to control and manage suburban sprawl that wastes community resources, causes disinvestment in urban areas, and creates high public and private costs associated with sprawl development.
SOLUTION:
Smart Growth Initiative
The State of Maryland, in cooperation with stakeholders, created the Smart Growth program to make it clear where growth, development, and redevelopment will be supported and/or financed by the State and local governments.
DESCRIPTION:
With an ever increasing population base and with more movement into sensitive rural areas, the Maryland State Legislature approved the Smart Growth legislation in 1997. The initiative protects rural areas and critical environmental areas against suburban and urban sprawl, and uses tax dollars wisely by focusing State spending in existing communities and designated growth areas. The legislation directs many of the states resources and some federal resources to support growth in targeted areas. This includes most infrastructure funding and economic development, housing, and other program monies. Beginning October 1, 1998, growth-related state resources and some federal resources will be directed solely to projects located in older communities and locally designated growth areas.
Smart Growth builds on the Maryland Economic Growth, Resource Protection, and Planning Act (1992 Growth Act) which encourages the streamlined review of development applications within areas designated for growth, encourages the use of flexible development regulations to promote innovative and cost-saving site design and to protect the environment, and promotes the use of innovative techniques to foster economic development in areas designated for growth. The Act also requires that local comprehensive plans encourage more widespread use of flexible development standards as a means of simplifying development in areas where growth and development are wanted. In the past, regulations and permitting requirements in these areas often made such development more expensive and time-consuming.
SAVINGS:
This program saves taxpayer dollars by focusing State spending on existing communities and designated growth areas.
EVALUATION BY STREAMLINING COMMITTEES:
Advantages
Increases housing productivity in targeted areas;
Concentrates growth along existing infrastructure;
Directs communities to start thinking about what is "smart growth;"
Manages growth and protects sensitive areas;
Lets local government decide where targeted growth will occur;
Remedies disinvestment in urban areas;
Improves the quality of life for citizens in these areas by directing a lot more resources.
Drawbacks
Reduces individual choice to some degree.
The Streamlining Committees designated this program as a streamlined model without modifications.
IMPLEMENTATION:
Beginning October 1, 1998, the State must direct funding for "growth related" projects to Priority Funding Areas. "Growth related" projects include most State programs which encourage or support growth and development, such as highways, sewer and water construction, economic development assistance, and State leases or construction of new office facilities.
State funding in communities with only water service (without a sewer system) and in rural villages is restricted to projects which maintain the character of the community. The projects must not increase the growth capacity of the village or community except for limited peripheral and in-fill development.
Prior to funding a growth related project, State agencies must obtain a written statement from the local government that the proposal is in a Priority Funding Area. In addition, local governments must demonstrate a commitment to these growth areas by insuring that non-State funding for planned water and sewer systems moves forward in advance of, or concurrent with, State funding for growth related projects.
Local governments must provide the Maryland Office of Planning with maps and other information which show the precise location of their Priority Funding Areas based on criteria in the legislation. The Maryland Office of Planning is responsible for providing State agencies with maps that illustrate the Priority Funding Areas along with any comments by the Office of Planning on locally designated areas. These maps and comments will be available for review by the counties and public. In addition, the Maryland Office of Planning will establish a review process to ensure that State funding for projects is consistent with this law. State agencies will report annually on the implementation of this law to the Maryland Office of Planning.
FOR MORE INFORMATION OR ASSISTANCE IN
CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:
Barbara Haupt
Maryland Department of Housing and Community Development
100 Community Place
Crownsville, MD 21032-2023
Phone: (410) 514-7157
FAX: (410) 987-4070
Email: Haupt@dhcd.state.md.us
Website: http://www.dhcd.state.md.us
Or NCSBCS STAFF:
Carolyn Fitch
National Conference of States on Building Codes and Standards
505 Huntmar Park Drive, Suite 210
Herndon, VA 20170
Phone: (703) 437-0100
FAX: (703) 481-3596
Email: cfitch@ncsbcs.org