Sen. Paul Pinsky, D-Prince George's and Delegate Stephen Lafferty, D-Baltimore County introduced “The Sustainable Growth and Agricultural Preservation Act of 2011” Senate Bill 846 and House Bill 1107. The Summary of Provisions of this Bill is as follows:
- Continues to allow new residential minor subdivisions (4 or fewer lots) to use on-site systems with disposal of sewage effluent beneath the soil surface, but requires any such systems to use nitrogen removal technology.
- Prohibits new residential major subdivisions (5 or more lots) from using on-site systems with disposal of sewage effluent beneath the soil surface.
- Continues to allow new residential major subdivisions (5 or more lots) to use public, community, shared or multi-use sewerage systems with above ground discharge if the system is operated by a local government, a sanitary sewer district, or an intercounty agency (such as the WSSC) or a 3rd party under contract with one of those entities, but only under the following conditions:
(1) the system discharges to surface waters with a permit from MDE; or
(2) the system discharges by applying the treated effluent to the surface of land under a nutrient management plan that ensures that all the nitrogen and phosphorus will be taken up by vegetation. - To close a loophole that might allow developers sequentially to create multiple minor subdivisions from the same parcel to avoid the requirements for major subdivisions and prohibits minor residential subdivisions from being re-subdivided.
- Except for subdivisions grandfathered as described below, subdivisions cannot be approved or recorded unless they will use the permitted types of sewer systems.
- Grandfathers those residential subdivisions that have applied for subdivision approval if they have applied prior to January 1, 2011 and the plat is recorded by July 1, 2012.
- Grandfathers those residential subdivisions that have applied for subdivision approval if they have applied after January 1, 2011 and the plat is recorded by June 1, 2011.
Governor O'Malley is backing this bill requiring homebuilders to install top-grade septic systems in new developments as part of an effort to control rural growth and pollution in the Chesapeake Bay. His stance to support this bill has created a flurry of protests from rural counties, legislators, Maryland Home Builder Association, developers, and some segments of the private sector. Opponents cite the additional costs and obstacles incurred to develop more remote rural areas would cripple development and growth. Supporters want passage to reduce pollution impact on the Chesapeake Bay and tributaries.
For more detailed information:House Bill 1107
Senate Bill 846
For more detailed information:House Bill 1107
Senate Bill 846
