Thursday, February 28, 2013

03/20/2012: Anne Arundel County Farms Win Exemption from Building Permits For Agricultural Buildings!

(Archived from March 20, 2012):

Last night the Anne Arundel County Council passed the final reading on Bill 1-12, which exempts most agricultural buildings from the requirement that they obtain building permits.

In addition to passing the bill, the council voted 5 to 1 in favor of an amendment that removes the 12,000 square foot size limitation on exempt buildings. This was the third amendment sought and won by the farm community, and the only amendment that required the council to override the will of the county executive and the director of Inspections and Permits.  Councilman Trumbauer had supported our earlier amendments and supported the overall bill, but voted against last night's amendment. 

We owe a special thanks to the following people:

Councilman Jerry Walker not only introduced our amendments but very effectively countered the arguments of the director of Inspections and Permits through careful cross-examination.

Builder David Cross, of R and D Cross in Brandywine, testified very effectively about the structural integrity and code compliance of the many farm buildings that he constructs and compared the permitting processes throughout the southern Maryland counties that he serves.

Vice President Milly Welsh filled in very effectively for Anne Arundel County Farm Bureau President Jeff Griffith who has supported this effort on behalf of the board and membership, but was needed at a funeral last night.

It should be noted by all farm owners that we must still construct our buildings in compliance with county code, and that if buildings are designed for public use they are not exempt from the building permit. Electrical and plumbing  must also be done to code and should be inspected. We also are not eligible for this exemption unless we have a current Farm Plan with Soil Conservation. Get your plan, sign your Cooperator Agreement, and then note that Soil Conservation is obligated under that agreement to provide engineering services for your farm practices.  

Another amendment was presented to the council yesterday to include in the list of exempt buildings those that house value-added agricultural practices for the processing of crops grown on the farm. The amendment was particularly designed to address wineries, because some county officials have argued that a winery is not an agricultural building. Unfortunately, the wording of the amendment allowed for misinterpretation and it did not pass. Most of the council members, however, expressed support for the intent of the amendment and promised to present a revised bill in the future to clarify that wineries and other buildings used to process farm products are in fact agricultural and should be exempt.

Congratulations to everyone who has contributed to this effort since it began in June. Our next step is to address the issue of grading permits and the role of soil conservation versus the role of Inspections and Permits on our farms. We plan a meeting of state and county officials on that topic soon. Stay tuned. 

Steuart Pittman 
Dodon Farm, Davidsonville
410-507-3351

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