(archived from August 11, 2011) ...
Update on Anne Arundel County Grading and Building Permit Requirements on Horse Farms
Much
activity has taken place among the movers and shakers of our county in
response to our June 15 meeting, some of it promising and some
worrisome. The Annapolis Capital ran a good story about our efforts on
July 4.
See link here.
The Davidsonville Area Civic Association, whose members work hard to
keep their community rural, also have a good write-up in their most
recent newsletter.
For a report on why we met June 15 and what was said, scroll down.
SOIL CONSERVATION BOARD
The
proposed onerous permitting requirements put together by Soil
Conservation District Manager Jim Stein and staff from Permits and
Inspections were tabled at the Soil Conservation District's June meeting
as promised. Steuart Pittman, Heather Beygo, and Christy Clagget
attended the meeting and presented specific requests to the Board. One
of those requests was that the Board rescind its written policy stating
that indoor and outdoor riding "rinks" are non-agricultural buildings.
Despite our assurances that we see Soil Conservation as our ally in this
campaign, none of our proposals were accepted. It was a very divided
board.
AAEDC AG ADVISORY COMMITTEE
The
Anne Arundel Economic Development Corporation's Agricultural Advisory
Committee met on June 30 to address the same issues with respect to all
farms. That committee approved supporting definitions and ag exemptions
to building and grading permits that would allow our horse farms to
continue to operate and modernize.
COUNTY EXECUTIVE'S WORKING GROUP
County
Executive Leopold asked his directors of Permits and Inspections and
Zoning to meet with Soil Conservation's Jim Stein under the supervision
of his Director of Government Relations, Alan Friedman. The purpose of
the meeting was to revisit the work that Stein and Permits and
Inspections had done already on farm permitting. Mr. Stein later
reported to the Agricultural Advisory Committee that they were looking
at a system where farms who have up-to-date Farm Plans with Soil
Conservation would go through a less expensive process for permits that
would reduce the involvement of engineers. When asked how Soil
Conservation would handle the fact that there is a long waiting list to
get a Farm Plan updated and that most of the horse farms do not now have
current plans, Mr. Stein suggested that the staff from the urban side
of soil conservation could be trained to do Farm Plans. The response to
this suggestion was not warm from the Ag Advisory Committee.
While
Mr. Stein did say that part of the purpose of a new agricultural
permitting track was to avoid engineering costs, the most recent
permitting case that we know of is a warning to us. A woman who recently
bought land in our county to create a horse farm was told by Mr. Stein
that the permitting process on farms is being reworked, and that for her
it would be different. He promptly referred her to an engineer to do
survey work that added thousands of dollars to her project but
contributed nothing to its quality.
The
County Executive's working group will be expanded in a positive
direction, to include Lisa Barge, the staffer for the Agricultural
Advisory Committee. Otherwise, however, it is still dominated by the
people who wrote the guidelines that we are working so hard to have
rejected. We will need to decide whether to support this group's work or
to propose legislation of our own. The answer will depend on what they
produce in the coming weeks.
ANNE ARUNDEL COUNTY FARM BUREAU
At
the request of Anne Arundel Farm Bureau Vice President Milly Welsh,
Steuart Pittman attended the August board meeting. Steuart asked the
board to support efforts to write and pass legislation to create ag
exemptions to building and grading permits. After an excellent
discussion of the issues the board passed a motion by Milly stating
that President Jeff Griffith would write a letter in support of this
effort. A number of board members encouraged more horse farm owners to
join Farm Bureau and attend the October 3 Annual Meeting at the
Edgewater Police Station.
WE NEED YOUR STORIES TOLD
The
time to speak up is now. We have had too few specifics about what we
have been told by county staff when we seek permits. We need your
stories, and we need details! Please fill out the survey
linked here...now!
Retribution
for speaking up is a concern to all of us. There is probably not a
single farm in the county that has obtained all the permits that they
require for all of the building and grading that we have done, or that
didn't have to lie to get the permits they have. The bureaucracy is
making criminals of us, but our elected officials want to defend us.
Please
click on the attached survey and fill out as much of it as you can. It is this information that will convince the politicians that we have a problem!
GATHERING AT LARKING HILL FARM IN HARWOOD
We need every Anne Arundel County horse and farm person to attend the
MD Horse Council Barbecue at Christy Clagget's Larking Hill Farm in Harwood on September 17.
We have invited County Executive Leopold and will ask all of our county
council members and state legislators to be there as well. Larking Hill
is an equine paradise that has a history of doing great things for our
county long before Permits and Inspections decided to interfere on
farms. We will also take the elected officials on a tour of neighboring
farms that preserve some of the best pasture in the state only because
they built barns and arenas to house the horses that support the
pastures.
Click here to get your tickets to the Barbecue. It's a fun event with a good bluegrass band and really good company.
Report From June 15
Anne Arundel Horse Council Meeting
at Pip Moyer Recreation Center
For additional information contact:
On
very short notice sixty-one people attended the June 15 meeting of the
Anne Arundel Horse Council to express concerns about the application of
building and grading permit requirements on farms. Pride was expressed
by many that at a time when grain farmers are leaving the county for
more welcoming areas (6,000 acres lost between 2002 and 2007 according
to USDA Ag Census), horse people are continuing to work with soil
conservation to install best management practices, improve their
pastures, reduce erosion and nutrient runoff, and keep up with the
marketplace by building barns and riding arenas to serve their clients.
The county has 950 places where 4,500 horses reside on 10,200 acres
(2010 Maryland Equine Census).
It
was noted that County Executive Leopold has reviewed our group's emails
and acknowledged that we have identified a problem that needs to be
resolved. He was represented at the meeting by Bea Poulin. It was also
noted that Councilman Jerry Walker, who was out of state and represented
by staff, has offered to work with us to draft and present legislation
to the County Council to better define agricultural exemptions.
Councilman Benoit also was represented by staff at the meeting and has
expressed interest in working with us on a solution.
What follows are highlights of the discussion that will guide our follow-up in the coming weeks.
1.
William Bower of Drum, Loyka, and Associates,who has represented horse
farms in the permitting process and serves as a technical advisor to our
group, explained how one goes about obtaining a "Standard Grading Plan"
and a "Grading Permit". When asked about the cost to hire his firm to
obtain these, he estimated $1000 for the"Plan" and $4000 to $6000 for
the more onerous "Permit".
2.
Jim Stein, District Manager of the AA Soil Conservation District, put
forth details of a document that he and George Eberle of Permits and
Inspections had drafted explaining when farms need building permits,
grading permits, and standard grading plans. He said that the Board of
the District would be deciding whether to approve the document at it's
June 21 meeting. Mr. Stein described the document as a compromise
between himself and Pemits and Inspections.
3)
While the group thanked Mr. Stein for being the first county official
to attempt to clarify when farmers need permits, the document was
criticized on a number of points. The primary objections were that it
states that farmers are required to have Building Permits for everything
over 64 square feet, as well as expensive Grading Permits for most of
the buildings that we construct , routine clearing of hedgerows and
encroachment of woods on pastures, trail clearing and stream crossing
maintenance, and many other situations that are commonplace on farms.
People were unhappy about the prospect of hiring engineers and obtaining
grading permits for these farm activities. We felt that Mr. Stein's
definition of exempt Agricultural Land Management Practices was too
restrictive. Mr. Stein offered to postpone action by the SCD Board and
await suggestions from our group for new policy.
4)
George Eberle, Acting Director of Permits and Inspections, acknowledged
that Anne Arundel County is different from most Maryland counties in
that there are fewer agricultural exemptions to permitting requirements.
He also acknowledged that the staff uses the same formula for
calculating building permit costs by square footage for a barn as for a
house, and that there is a requirement for a grading plan whenever a
tree stump is removed, whether the tree is dead or alive. Mr. Eberle did
not offer opinions on whether existing law and practice is justified.
He simply stated the requirements as he understood them.
5)
Mr. Stein acknowledged that the County Soil Conservation District Board
had passed a resolution in 2007 stating that wineries on farms where
vineyards exist and indoor and outdoor riding arenas are
non-agricultural buildings. He promised to ask the Board to reconsider
that policy after reviewing
HB955,
the 2009 bill passed by the MD General Assembly specifically stating
that equestrian activities taking place on farms are agricultural. When
asked if he would also seek reconsideration of the policy with respect
to wineries he made no commitment, but commented that making wine is
processing the agricultural product, and that the line needs to be drawn
somewhere. Farm owners reminded Mr. Stein that stripping tobacco,
pasteurizing milk, canning vegetables and many other farm activities are
similar in nature. Again, the sense of people in the room was that an
effort was being made to restrict the definition of agriculture, thereby
leaving farmers to deal directly with the staff at Permits and
Inspections who have no training in agricultural issues and whose fees
and fines are high enough to prevent farmers from improving their
operations.
6)
Harry Ketts, a Maryland Horse Council member from Prince George's
County who serves on that county's Equine Industry Task Force, explained
that in his county it is the Soil Conservation District staff that
works with farmers to ensure that their construction and grading
projects are done in an environmentally responsible way. Because the
work on farms is reviewed by SCD staff, farm buildings are exempt from
grading permits and building permits, thereby saving the county
significant staff hours. They require only electrical and plumbing
inspections.
7)
Many people in the group described experiences with Permits and
Inspections staff whose knowledge of agricultural practices was
nonexistent. The level of frustration among farm owners was high.
The meeting closed with a commitment by all parties to work together to
establish new agricultural exemptions to existing county requirements
that reflect the realities of farming in this county. Farm owners were
encouraged to email additional comments and suggestions for new policy
to the Heather Beygo at
hrb@cls-law.com or Steuart Pittman at
dodonfarm@verizon.net
