Effect of the Septic Law (SB 236) in Maryland. David Newburn Department of Agricultural and Resource Economics University of Maryland-College Park
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1 Effect of the Septic Law (SB 236) in Maryland David Newburn Department of Agricultural and Resource Economics University of Maryland-College Park
2 Septic Law in Maryland Septic law and growth tier adoption in MD counties Baltimore County: Case study Land use trends and zoning policies Excess zoned capacity Business as usual (current zoning without septic law) After septic growth tiers adopted
3 Septic Law Sustainability Growth and Agricultural Preservation Act ( septic bill ) passed by State of Maryland in 2012 Purpose: Restrict major subdivisions on septic systems in resource areas dominated by agricultural and forest lands (Tier 4) Four tier system: Tier 1 = Existing sewer service areas Tier 2 = Planned sewer areas (future growth areas) Tier 3 = Major subdivisions on septic allowed (Large-lot residential development and rural villages) Tier 4 = No major subdivisions on septic (Agricultural and forest dominated areas) Only minor subdivision are allowed
4 Baltimore County Growth Tiers
5 Impervious surface and urban footprint
6 Septic and groundwater wells (large-lot development)
7 Protecting Drinking Water Sources Baltimore County 63% of the region s 294 sq. mi. of reservoir watersheds 48% of the County
8 Expected Benefits of Septic Law Statewide benefits over next 25 years: Reduce 50,000 new septic systems Farm and forest conservation Prevent the loss of about 100,000 acres of forest and farmland Large-lot development on septic (2 acres per lot on average) Water quality Reduce about 1 million pounds of nitrogen from entering local streams and Chesapeake Bay
9 County Tier Map Adoption Status
10 MD Planning Proposed Tier Maps
11 MDP Proposed Map County Adopted Map
12 MDP Proposed Map County Adopted Map
13 Zoned capacity for major subdivisions in Tier 3 on septic
14 Change to Minor Subdivision Definition
15 Harford County Growth Tiers
16 Talbot County Growth Tiers
17 Somerset County Growth Tiers
18 Montgomery County Growth Tiers
19 Garrett County Growth Tiers
20 Howard County Growth Tiers
21 Kent County Growth Tiers
22 Allegany County Growth Tiers
23 Baltimore County: Land use trends and zoning
24 Baltimore County Urban Growth Boundary Long-Term Results 90% of year 2000 population lived inside the urban growth boundary (UGB) on 1/3 of the land Baltimore City LEGEND Forest Fields/Grass Impervious Water Urban-Rural Demarcation Line (URDL)
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27 Resource Conservation Zoning low-density zoning protects forests and water resources first adopted in 1975 applies to about 2/3 of the County quadrennial Comprehensive Zoning Map Process Baltimore City RC du/ac (1:50) RC du/ac (1:5) RC du/ac (1:2) RC du/ac (1:5 RC du/ac (1:25) RC du/ac (1:50) RC-20 CBCA s RC-5 RC-50 CBCA s RC-2 Urban Residential Urban Non-Residential URDL
28 Baltimore County Growth Tiers
29 Residential subdivisions in
30 Subdivision in RC4 zoning
31 Subdivisions MD Property View parcel data to reconstruct historic subdivisions : Identify polygons in MDPV parcel layer within same subdivision Dissolve individual parcels into original parent parcel Record year start and number of lots in subdivision
32
33 Major versus minor subdivisions Major subdivisions (4+ lots) Formal public hearing for subdivision approval Longer permit review process Minor subdivisions (2 or 3 lots) No formal public hearing (only planning board approval needed) Shorter permit review process Minor exemption rules in RC2 and RC4 zoning RC2 zoning (50-acre min lot size): Allows 2 lots for parcels between 2 and 100 acres RC4 zoning (5-acre min lot size): Allows 2 lots for parcels between 6 and 10 acres
34 Subdivision size by buildable lots Percent of Subdivisions Buildable Lots
35 Residential subdivisions in
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37 Explanatory variables Zoning attributes Zoning type Authorized lots minor Accessibility attributes Distance to Baltimore City Distance to major road Physical land attributes Parcel area Slope Elevation Soil quality (good/fair, poor, very poor) Water table depth 100-year floodplain Existing house Rural Legacy area
38 Recent development in Subdivisions Inside URDL Outside URDL Total Minor (2-3 lots) Major (4+ lots) Total Buildable lots Inside URDL Outside URDL Total Minor (2-3 lots) Major (4+ lots) Total Acreage developed Inside URDL Outside URDL Total Minor (2-3 lots) Major (4+ lots) Total
39 Scenario on septic bill impact Sustainability Growth and Agricultural Preservation Act ( septic bill ) passed by State of Maryland in 2012 Purpose: Restrict major subdivisions on septic systems in rural and resource areas (Tier 4) Growth Tiers: Tier 1 and Tier 2 = Inside URDL (existing and planned sewer) Tier 3 = RC5 zoning mainly Tier 4 = All other RC zoning types, except RC5 zoning Only minor subdivision with 3 lots are allowed
40 Excess zoned capacity (EZC) EEE = PPPPPP aaaa MMMMMMM lll zzzzzz - Number of existing houses Example #1: 75-acre vacant parcel in RC4 zoning (5-acre min lot zoning). EZC= = 15 lots remaining Septic bill impact on EZC = 15 3 = 12 lot reduction
41 Excess zoned capacity (EZC) EEE = PPPPPP aaaa MMMMMMM lll zzzzzz - Number of existing houses Example #2: 200-acre vacant parcel in RC2 zoning (50-acre min lot zoning). EZC= = 4 lots remaining Septic bill impact on EZC = 4 3 = 1 lot reduction
42
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44 Septic bill impacts in Tier 4 Subdivision potential Tier 3 Tier 4 Total Parcels Developed already 9,731 25,329 35,060 Potential minor (2 or 3 lots) 225 4,055 4,280 Potential major (4+ lots) Buildable lots Existing house 8,298 18,995 27,293 Potential minor (2 or 3 lots) 361 5,831 6,192 Potential major (4+ lots) 719 3,516 4,235 Septic bill impact (change in AuthLots) 0 2,481 2,481 % Septic impact/potential major 0% 71% 59% % Septic impact/potential major + minor 0% 27% 24% % Septic impact/existing + potential 0% 9% 7% Reduction of 2,481 buildable lots (71%) on major subdivisions in Tier 4 areas. But this is only a 27% reduction in Tier 4 due to minor subdivision potential.
45 Septic bill impacts in Tier 4 Subdivision potential RC2 RC4 RC5 RC6 RC7 RC8 Parcels Developed already 11,699 3,787 3,163 3,397 1,445 1, ,329 RC20/ RC50 Potential minor (2 or 3 lots) ,055 Potential major (4+ lots) Buildable lots Existing house 8,895 2,893 2,054 2, , ,995 Potential minor (2 or 3 lots) 5, ,831 Potential major (4+ lots) , ,516 Septic bill impact (change in AuthLots) ,481 Total % Septic impact/potential major 47% 64% 71% 69% 84% NA 49% 71% % Septic impact/potential major + minor 1% 47% 62% 58% 78% 0% 33% 27% % Septic impact/existing + potential 0% 10% 32% 10% 24% 0% 10% 9% RC5 and RC4/RC6 have reduction in major subdivisions in Tier 4 areas. RC2 has 5,044 potential buildable lots in minor subdivisions, due to minor exemption rule (i.e. parcels with acres allowed 2 lots).
46 Main findings in Baltimore County Zoning impacts Minimum lot size zoning regulations strongly affect both the probability of development and density Urban vs. Rural impacts Majority of new buildable lots occur within urban area (5,139 lots inside URDL vs. 2,410 outside URDL) But majority of acreage developed still occurs within rural area (2,670 acres inside URDL vs. 11,200 outside URDL) Septic bill regulations Septic bill results in 71% reduction on major subdivisions in Tier 4 areas. But there is still a significant number of potential minor subdivisions on septic systems in Tier 4.
47 Main issues on septic law Designation on Tier 3 versus Tier 4 areas MD Dept of Planning proposed Tier 4 as Rural Legacy areas, priority preservation areas, and forest/agricultural dominated areas. Tier 3 adopted in majority of rural area in some counties Redefinition of minor subdivision (Increased to 7 lots) Will there be clustered development? Example: 140 acre parcel with 7 lots allowed in minor subdivision Without clustering: 7 lots at 20 acre each (increase farmland loss) With clustering: 6 lots at 1 acre each acre farm
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