2008 Smart Growth: A-

Maryland was once nationally renowned for its Smart Growth programs, and Governor O’Malley has demonstrated a commitment to restoring our once prominent place in managing development and population increases in sustainable and economically feasible ways. Looking ahead, the 2009 General Assembly session promises to be an important period for smart growth legislation, and the environmental community is likely to push for a package of reforms designed to further the smart growth agenda.

Office of Smart Growth: NEEDS IMPROVEMENT

One of Governor O’Malley’s first official acts after taking office was to reconstitute the Office of Smart Growth created by Governor Glendening. In June 2007, Governor O’Malley directed his subcabinet on Smart Growth to review the state’s existing smart growth programs and policies and develop a comprehensive, inclusive, and progressive strategy to more effectively spur and manage growth in Maryland. This is a strong first step, but much more needs to be done. We strongly urge significant legislation and/or administrative actions that curb sprawl and emphasize preservation. We have seen most agencies take significant steps to make sure that their work leads to more efficient development patterns and effective use of state dollars.

Base Realignment and Closure (BRAC) Zones: GOOD

In May 2008, Governor O’Malley signed a law that would in part encourage BRAC related growth to be steered into smart growth areas called BRAC zones. He placed his second in command, Lieutenant Governor Anthony Brown, in charge of making this a top priority. BRAC is expected to bring tens of thousands of new jobs and residents to Maryland over the next decade. BRAC zones will receive funds for vital infrastructure to meet the needs from the expected new Marylanders.

Program Open Space: GOOD

In 1969, in an effort to help land conservation keep pace with development, the Maryland legislature passed a law establishing a real estate transfer tax as a dedicated funding source for Program Open Space and other land conservation programs. From 2002- 2005, more than $480 million of these dedicated funds were diverted from Program Open Space and other land conservation programs and used for unrelated purposes. For the past two years, Governor O’Malley has followed through on his election year pledge to not raid Program Open Space, and he has fully funded this vital and popular program to protect parks and open spaces. The Department of Natural Resources is also developing criteria to help the Board of Public Works evaluate which public lands are best suitable for purchase by the state. In addition, included in the governor’s 2008 tax package was a measure to close a loophole that allowed certain business entities, such as limited liability corporations, to avoid paying the real estate transfer tax that funds Program Open Space. The state was losing countless sums of money each year through this loophole and missing out on untold amounts of funding for land conservation and parks as a result.

Opposition to Four Seasons Development: GOOD

Governor O’Malley holds a seat on the three-member Board of Public Works, which oversees approval for major construction projects near wetlands and in the state’s critical areas. In May 2007, the Board rejected a permit to construct a 1,350 unit development on Kent Island. A project this large would have resulted in a tremendous amount of additional impervious surface, substantially contributing to pollution from stormwater runoff. It was strongly opposed by local residents. Stopping this enormous development, sited largely within a critical area, was a huge victory for the health of the Bay.

Critical Areas Act Reform: GOOD

The original Critical Areas Act, passed in 1984, created a 1,000 foot buffer protecting Maryland’s tidal shorelines from overdevelopment. The law, initially designed to protect some of our most sensitive areas near waterways, was significantly weakened by uneven application, lax enforcement, and sparse resources. The retooled version of this law, signed by Governor O’Malley in April 2008, strengthens it by converting guidelines into regulations, adding important enforcement pieces, and holding contractors accountable.

Terrapin Run: GOOD

Terrapin Run is a proposed large development in a beautiful stretch of rural Eastern Allegany County. The Allegany County government has given the green light to the developer, who hopes to build a 4,300 unit development in an area where the county’s comprehensive plan calls for rural protection. This area has no water, sewer, schools, major roads, or other infrastructure needed to support this small city. Governor O’Malley stressed his opposition to this violation of the comprehensive plan that would destroy forestland rather than steer development into existing towns and cities. The Administration filed a friend of the court brief to oppose this development, but the state’s highest court ruled in favor of the developer.