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News

ZTA To Make Campgrounds a Conditional Use Passes

5/22/2024

 
ZTA 24-02 Passed with a few refinements on the use of generators (coverage from the MoCo Show here). Stay tuned for more from us on the new rule. This compromise legislation came from productive collaboration with our partners: 
Sugarloaf Citizens Association
Montgomery Agricultural Producers
The Montgomery County Farm Bureau
The Ag Preservation Advisory Board
The Ag Advisory Committee
- and the hundreds of individual farms and residents that took action to make this a far better policy - thank you!
At the committee hearing for this ZTA on 7/22 (video here) there was very little discussion of the concerns about this ZTA expressed by farmers and Ag Reserve residents. 
Notably - the issue of how allowing portable generators to power these recreation structures goes against the county's emissions targets and actions to limit noise pollution. 
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​The County banned gas powered blower use/sale. Research indicates that RV/portable generators emit roughly the same level of sound - Generators between 70-100 db. This ZTA permits both RVs and structures that could each operate generators without restriction other than being 100 from a property line. A maximum of 10 units potentially simultaneously operating generators? Legislators should account for these scenarios in determining how compatible the change in land use will be with rural communities.
Anything other than a generator hooked to the electrical system should not be allowed as part of this conditional use. 
The Council votes on this ZTA Tuesday the  30th- please take two minutes to write them on this topic.
Take Action
Update 6.24 -  ZTA that would allow campgrounds as a conditional use on farms is being crafted. The goal is to balance the potential for overnight stays in the Ag Reserve with protecting farming in the Reserve. 
The resulting ZTA (24-02) represents a marked improvement over ZTA 23-09 that would have allowed motels on protected farmland under the definition of farming. 24-02 makes campgrounds a conditional and commercial use. 

The ZTA was just introduced on 6.11.24 and will have a public hearing on July 16 at 1:30pm.  

This leaves time to carefully look over the ZTA and dig into the details. We want to hear from you - it is so important to strike the right balance between agriculture and agritourism - so please let us know your thoughts - [email protected]. 

MCA commits to continue working with our coalition of stakeholders to suggest refinements as needed to get this ZTA right. 

Prior Updates: 
Ag Reserve Councilmembers Balcombe and Luedtke hosted a well attended public meeting on 5/29 to help craft a ZTA allowing camping in the Ag Reserve as a conditional use  - requiring the review of a hearing examiner to ensure compliance. Pictured here, the outlines of the proposed ZTA. Click here for the full presentation. 
After the Councilmembers presented their draft proposal, the residents in attendance asked questions and made suggestions. Among the concerns, that the ZTA be written to protect standing trees and forests on the property, that the noise of RV generators be taken into consideration with setback requirements and number of units.
MCA and our coalition of farm organizations are working with CMs Balcombe and Luedtke on this proposal. The Councilmembers are eager to hear all thoughts on the ZTA before they introduce it soon and hold a public hearing.
Please send your thoughts to the emails below and please copy us - [email protected]
[email protected]
[email protected]

Please  plan to attend a public hearing on this ZTA on June 16 at 1:30pm
Update May - 24:  MCA is proud to collaborate with six farm support groups and Ag Reserve Councilmembers Marylin Balcombe and Dawn Luedtke on a ZTA for camping in Ag Reserve as conditional use as outlined in this memo to Councilmembers from the Ag Advisory Committee. 

Our coalition includes: MCA, Sugarloaf Citizens Association, Montgomery Agricultural Producers, The Montgomery County Farm Bureau,  the Ag Preservation Advisory Board and the Ag Advisory Committee.
​
To be clear, we are not seeking to amend ZTA 23-09 - as detailed below there is not a way forward for that bill, but our collaboration with stakeholders and our Councilmembers will yield accommodations that balance farms and interest in agritourism. 

While MCA is working with stakeholders on a new ZTA - Author of ZTA 23-03, Councilmember Natali Fani - Gonzalez has made some proposed amendments. 

To be clear - our coalition can not support the original ZTA or these amendments. The question is, is it appropriate to amend 23-09 ZTA to include all rural residential zones without their having been involved in the public hearing process in the first instance. Where is the public transparency and participation process? (see use table below) 
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Background on the original ZTA:

Read More

What's Growing On? Re-Leaf's First Forest grows up

5/20/2024

 
We just got an update from the landowner at our very first Re-Leaf site, our pilot acre planted there in Dickerson beside the Little Monocacy river is doing great! 

Re-Leaf the Reserve is our partnership with the Department of Parks and Planning to plant native forests along stream buffers in the Ag Reserve. These forests are encumbered with easements to ensure they stand to benefit generations of MoCo residents. 

Our continued thanks to the Seelys at Gardens by Garth who install the trees with care and ensure they get the best start, Carole Bergmann who chairs the program and our partners at Parks and Planning that make the program possible.  
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As of today we have planted thousands of trees across many local sites. Can you host a forest? We are looking for stream buffers in the Ag Reserve  - learn more here. 
Down County folks can get free and reduced priced trees through  Tree Montgomery and Reforest Montgomery.​
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How it started (2019)

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How it's growing (today)

Fun with Fungi at Long Creek Homestead - a Photo Essay

5/14/2024

 
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We're pleased to share this photo essay from Stephanie Bradley. 
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Stephanie started her writing/producing career in sports television at TBS and TNT in Atlanta, GA.  She later freelanced for ESPN and the International Broadcast Center.  Throughout her sports tv career, she covered 5 Olympics and 3 Paralympics.  She has also written and produced for Discovery Channel’s “Animal Planet” and “Science Channel.”  She now owns Running Herd Productions with the mission to empower, inspire, educate, and entertain through powerful storytelling!  Her love for nature and “all creatures great and small” are often the focus of her stories.

Got a Ag/Forest/Water Quality story to share - let us know - [email protected]

(all photos, except where noted are from the author)

​Have you ever wanted to grow mushrooms?   I’m a gardener wanna be.  I attempt fruit and vegetable plants like cucumbers, squash, and lettuce, but I seem to do a better job at growing weeds than these edible delights.  I keep trying tho!   Recently I decided to add mushrooms to my garden!  They have always intrigued me.   I signed up for a mushroom workshop with Michael Judd of Ecologia Design, author of “Edible Landscaping with a Permaculture Twist” and “For the Love of PawPaws."
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Michael's passion for mushrooms runs very deep…deep into the nutrient rich soil fungi help create for the whole ecosystem as they break down fallen trees, dead leaves, and plants.  Michael has worked side by side with mycelium to create his own sustainable haven in the foothills of the Blue Ridge mountains just outside of Frederick, Maryland. ​

Read More

White's Ferry Update: Donation of Ferry May Bring Resolution to Impasse

5/9/2024

 
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An update in the White's Ferry saga - after 3 years of closure as the result of legal battles between the Ferry and the landowners on the Loudon county side, things may be moving toward a deal to re-open the ferry. 
The Kuhn family had bought the ferry from the long term owners in 2021 and is now seeking to donate the business to Montgomery County on the contingency that the County can resolve the issues with the landing on the other side.

After 230 years in operation, the ferry is part of the public transportation system. We are hopeful that the counties can work together toward a compromise to get the ferry back in service. 

Much more information from  My MC Media

Quantum Loophole's Monocacy Watershed Damage Must Stop

5/6/2024

 
Update: Great reporting from the Bay Journal on a proposed settlement with MDE to account for Quantum Loophole's fouling of Potomac tributaries. 
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Photo and caption from Inspector report: "The two fac-outs on the western bank of UT to Monocacy River are discharging into the waterway and are not individually contained. These frac-outs are located at Segment 2. The one frac-out is the same one documented in Figure A. Sediment (bentonite) pollution is occurring in the Waters of the State but is contained at a downstream point.) "
If you are just catching up - Quantum Loophole is constructing data centers in Frederick County and will be boring under the Potomac to connect these new centers to "Data Center Alley" in Northern Virginia across the river. In early April an MDE inspector discovered a second round of "frac-outs" - places where drilling by the company had released sediment and fracking solution into surface streams in the Monocacy Watershed, with dire consequence for aquatic life and water quality. To make matters worse, this round of drilling was done without a permit and the pollution events were not reported by the company. This is the second time environmental damage has resulted from Quantum's activities.

MCA has joined 34 other local and state environmental protection organizations on an open letter to Maryland's leaders in Annapolis and Frederick County along with the leadership at Quantum Loophole to call for more rigorous enforcement of existing environmental laws and more responsible actions from the company. 
The letter reads in part: 

At this point the community, at large, requires something more than platitudes and vague assurances. “We promise to do better” is no longer sufficient.
We expect rigorous enforcement of all environmental regulations. We hope that strict enforcement will lead to full compliance and prevent future violations.

​We call on all parties involved, public and private sector, to take action to end this continuing pattern of environmental damage. Regulators should be demanding a higher standard from Quantum Loophole, and its subcontractors. State and county leaders should strictly enforce our already strong environmental laws. Finally, the General Assembly should begin work on robust new regulations to prevent this and other environmental degradation from this new industry.
Much more about Data Centers: 
  •  Our partners at Sugarloaf Alliance have more background on Quantum Loophole
  • Governor Moore's priority passes: loopholes for huge diesel generators and no oversight for data centers
  • Multiple data centers proposed for Dickerson in the Ag Reserve

We Need a People's Counsel that Works - Take Action

5/1/2024

 
Update (5/2024): Very suddenly the bill 18-23 is back in committee. Neither 18-23 or a budget item to reinstate the OPC passed. Leaving MoCo still without a functional service to help regular residents navigate the complicated land use process. A parallel measure at the MoCo state delegation also failed to pass. 
County Executive Elrich's memo to OPC supporters in advance of today's hearing

Update (4/19): Yesterday the Council held a public hearing on bill 18-23 (see the video here) and the Office of Legislative Oversight released their report on the equity impacts of the bill. It reads in part: 
"The Office of Legislative Oversight (OLO) anticipates that Bill 18-23 could sustain or marginally widen racial and social inequities in land use in the County as its benefits would disproportionately accrue to land developers that are disproportionately White. To advance RESJ in land use and zoning processes, OLO proposes modification and alternatives to current law for Council consideration."

A number of powerful speakers at the public hearing also spoke to the equity issues raised when neighborhoods of less means grapple with complicated land use topics without the service of a public watchdog - furthering the conditions highlighted in the OLO report that led to widespread and systemic theft of land from minority groups over generations. 

The hearing record will be open until April 25th - please take a moment to make your voice heard - now more than ever we need a People's Counsel. 
There used to be a People’s Counsel in Montgomery County but it was quietly scrubbed 10 years ago. The OPC as it was called served to protect the public interest in land use hearings by promoting full and fair representation of relevant issues to achieve balanced administrative records. The Office also provided technical assistance to residents so that they could effectively participate in the County's land use planning process. Reestablishing the OPC as envisioned will help to restore a balance of trust and integrity to the planning and public engagement process.
​​

Losing the OPC has left the door open to scores of (nearly 100!) zoning text amendments crafted by some County Council members. These land use changes (some sweeping) often bump up against current master plans and cause communities, many with little resources to defend, detriment. The full description of the role of the People's Counsel from the County Code is here.
The Executive's recommended budget both in FY23 and this go round for FY24 included full funding to reinvigorate the People's Counsel.
Councilmember Friedson has just introduced  bill 18-23 that will permanently weaken the office - removing the ability for the office to identify master plan conflicts or even participate in public meetings.
How can they work for the public interest without participating in public meetings?
​Please take two minutes to let the Council know - we need the OPC back!

Take Action
The bill will see a public hearing on April 18th (tentatively 1:30)

Here is the action alert  from the MC Civic Federation  and our note sent last year to ask for the Counsel's return:
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Fund the Office of the People's Counsel - FY 2023 Operating Budget
​
Dear County Executive Elrich,
There are compelling reasons to include this in the FY 2023 budget as cited in a strong letter sent to your office yesterday from MCCF. Chief among the reasons listed:
“Furthermore, the County Code requires that prior to introduction, any proposed Zoning Text Amendment (ZTA) be reviewed by a ZTA Advisory Group that includes the OPC. One of the reasons often cited by the Planning Department for the complete rewrite of the County's Zoning Ordinance (which was a seven year process) was to discourage the use of Zoning Text Amendments that bypass the master planning and land use public processes. However, since the Zoning Rewrite was adopted, there have been over 100 ZTAs proposed by a small number of Councilmembers. All of the ZTAs were proposed without the benefit of the OPC review.”
The call for return of the People’s Counsel is not new. I had, for example, included it in this 2019 piece in Maryland Matters

In truth, if looking at this from purely a dollars cost, the reestablishment of the position will save much in governmental time and money spent churning over poorly conceived ZTAs etc.
Above all… this is about just and equitable governance.
Respectfully,
**********
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Montgomery Countryside Alliance
P.O Box 24, Poolesville, MD  20837
301-461-9831  •  ​[email protected]
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MCA is proud to announce that we have been recognized for a third time as one of the best small charities in the D.C. region by Catalogue for Philanthropy: Greater Washington. A panel of 110 expert reviewers from area foundations, corporate giving programs, and peer non-profit organizations evaluated 270 applications.

​MCA is known as an effective and innovative non-profit whose efforts to preserve and promote Montgomery County’s nationally recognized 93,000 acre Ag Reserve have brought increased public and governmental support of local food production and farmland and open space preservation. Most importantly, MCA’s efforts are putting more farmers on the ground and keeping them there.
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