When Caroline was speaking to the importance of regional water protection a juvenile bald eagle soared across the reservoir.
Our thanks to PHS students and teachers, Park staff and Royce Hanson for a great field trip!
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A very uplifting part of our mission here at MCA is engaging with students. This week we had the privilege of taking Poolesville High School Global Ecology students to Black Hill Regional Park. Students had insightful questions for Ag Reserve architect Royce Hanson, Park staff and our own Caroline Taylor.
When Caroline was speaking to the importance of regional water protection a juvenile bald eagle soared across the reservoir. Our thanks to PHS students and teachers, Park staff and Royce Hanson for a great field trip! Update March 2024: This Bill passed overwhelming in the MoCo delegation though was far weakened by amendments. MoCo now does not have the comparable assistance with complicated land use issues enjoyed by our MNCPPC siblings in Prince Georges County. Thanks to all that took action.
Update: Amendments to the People's Counsel bill would dramatically weaken the office, making it a shadow of the good governance resource our PG neighbors and other counties have. Amendments (detailed here) to HB 1364 would remove the requirement that the officer in this role be a land use attorney with extensive experience and bar the officer from providing testimony or participating in hearings. Land use decisions have dramatic economic, equity and climate impacts, as detailed in the letter from the Montgomery Climate Coalition urging the delegation to pass the bill without weakening amendments. The perils of weakening the OPC are detailed in a memo from 2017 from then County Executive Ike Leggett to the Council which reads in part "When I was on the Council, I initially proposed a fully functioning Office of People's Counsel. As originally drafted, the office was intended to function as a legal resource, employing an experienced attorney who would represent residents in land use proceedings to promote full and fair presentation of issues and to assure sound land use decisions" OPC as Tool to Block Affordable Housing? The Coalition for Smarter Growth (CSG) has sent an action alert alleging that "The People's Counsel was used in the past to obstruct affordable housing production" and thus should not be reinstated. The alert does not give examples, MCA has reached out to CSG to understand these claims, and we have not yet gotten a response. Our message: Can you provide instances where the MC OPC was used to block affordable housing as is asserted? Our perspective is strikingly different. In the absence of an OPC, MCA has been fielding requests, countywide, for assistance by communities. None of these requests have been aimed at blocking affordable housing. Some recent examples: Communities seeking guidance to address airport expansion, significant deforestation, conditional use application for large scale commercial development in sensitive watershed in area of small affordable houses served by groundwater wells, county airport’s continued use of leaded fuels, a historic freeman community dealing with illegal operation of commercial business… An OPC would be far better placed to provide the legal guidance in these instances. And, to be clear, we cannot recall past instances where this resource was engaged to block affordable housing. So we seek your clarification regarding the assertions made in your action alert. Background on the need for an Office of Peoples Counsel:
Land Use is complicated - while the county and developers have a a bevy of land use attorneys, the average resident may not even know what their zoning is. This imbalance becomes stark when residents have questions about planned developments or zoning changes in their neighborhood. Until 2010, re-balancing this equation was the job of the Office of the People's Counsel (OPC)- an agency that is authorized by the County Code to represent the public interest in the County’s land use regulatory process. The OPC was quietly defunded in 2010. It's absence has left the door open to scores (over 100!) of zoning text amendments crafted by some County Council members. These land use changes (some sweeping) often bump up against current master plans and cause the most detriment to communities that don't have the resources or land use acumen to defend themselves. Understanding and engaging in plans for development where you live should not be a privilege. While the MoCo OPC was axed over a decade ago, our Prince George's neighbors- also under the Maryland-National Capital Park and Planning Commission (M-NCPPC) - continue to fund an active and functional People's Zoning Counsel that preforms the same functions of ensuring a complete hearing record and a fair process. Enter Bill PG/MC 112-24 at the General Assembly introduced by Senator Ben Kramer that would correct this imbalance between M-NCPPC counties by providing for a fully funded and active OPC in Montgomery County mirroring the PG office. The Economic Development Committee will shortly consider the bill. By design, the Ag Reserve and the small towns within it are outside of the water/sewer envelope, a way to keep development pressures from overwhelming working farms. The federally designated Piedmont Sole Source Aquifer (map above) underlies much of the Ag Reserve. As the name implies, it has one source and is a finite resource on which residents of the Reserve rely. Development is constrained by this resource - or at least it should be if dry wells and surface water impairment are to be avoided. Unfortunately, the aquifers underlying the town of Poolesville have not been treated like the finite resource they are. MCA has partnered with seasoned Hydrogeologist Pat Hammond who has completed numerous reports over the past decades for MDE. Mr. Hammond has prepared a study of Poolesville's aquifers and historical allocation of this limited resource. The take away:
An extensive summary of Mr. Hammond's study as presented to the Poolesville Commissioners can be found here. So what now? MCA is pleased to announce that this aquifer study is the first part of a multi-year research and outreach campaign to bring attention and action around safeguarding upcounty groundwater resources. Please stay tuned for ways to get involved coming soon! In the meantime - check out these water conservation tips. This aquifer monitoring and outreach project is powered by a Clean Water Montgomery Award, funded by the Chesapeake Bay Trust and Montgomery County. Join our coalition of local groups in opposition to HB 579/ SB 474. Take 2 minutes to write to the Montgomery County delegation here. Opposition to this bill is gaining momentum - League of Conservation Voters joins numerous regional environmental groups to oppose this bill. If data centers are to be a part of the state's economy, they need to meet Maryland's ambitious but necessary emissions reductions goals. Data centers are an emerging land use heavily established in Northern Virginia but not yet a common sight in Maryland. The state and local jurisdictions do not currently have a regulatory framework to deal with this novel and intensive land use. Data Centers use large amounts of (often farm) land to house row after row of computer servers, servers that must be cooled by large amounts of circulated water. What we think of when we save something "to the cloud" is in fact a very large low slung building with the power needs of a large city. The increase in power needs has Virginia contemplating a large grid update that Maryland rate payers will need to chip in for, to the tune of $500 Million. But what about when the power goes out? For all the cutting edge technology of data centers, the back up power source of choice has been diesel generators - enough to keep that city-sized power need met. The company Aligned looking to construct data centers in Frederick County had to withdraw their plans when their application to the Public Service Commission for 160 3-megawatt diesel generators required to run continuously in the event of a power outage was denied. Governor Moore was frustrated by this. From Maryland Matters, "The PSC decision drew a rebuke from Moore after Aligned Data pulled out of the development — even though Moore has appointed three of the five commissioners. And the company in a recent statement warned that the PSC vote “sent a negative — and perhaps fatal — signal to the hoped-for data center industry in Maryland.” Moore's resulting legislation on this topic, HB 579/ SB474: Critical Infrastructure Streamlining Act seeks to remove the PSCs oversight on backup power generators for data centers. MCA signed on with 17 other state and local groups to oppose this bill. From the opposition letter: "We are concerned by the bill’s sweeping exemptions. As written, all backup diesel generators, of any size, in any quantity, anywhere in Maryland would be exempt from the Certificate of Public Convenience and Necessity (CPCN) process. The technical expertise and judicial role of the Public Service Commission would have no influence in these potentially massive generator projects." "We also worry about the precedent that could be set by exempting from the CPCN process power plant-sized complexes of diesel generators without opportunity for substantive public involvement. This is a significant concern, as for example, just at the Quantum Loophole site in Adamstown, over 1000 generators are expected to provide a total of 2.4 gigawatts of energy. That is enough energy to power 600,000 new homes, roughly two times the number of housing units in Baltimore." Recommendations: This land use is both entirely novel and has dramatic impacts on land, water, energy and economics. MCA supports the efforts to convert the bill to a study that would:
In addition, MCA supports SB0861-Public Utilities - High-Energy-Use Facilities - Greenhouse Gas Emissions Reductions put forth by Senator Lewis Young and Senator Watson. The bill would require facilities that have high energy use - notably data centers and cryptocurrency mining operations to move toward 100% reduction in emissions by 2040 (5 years after Governor Moore has pledged the state will be using 100% clean energy) with milestone targets between now and then, with compliance monitored by the Public Service Commission. This provision aligns the staggering energy use of data centers with the critical emissions reduction goals of the state and will push innovation. Press:
Baltimore Sun: Maryland Governor's bill on data centers raises environmental concerns Frederick News Post: Moore 'disappointed' in PSC's Aligned decision, will work with legislature on data center needs Multiple Data Centers Proposed at Dickerson Power Plant - Concerns and Recommendations As Use of A.I. Soars, So Does the Energy and Water It Requires MCA is so grateful for the expertise and engagement of our board of directors and advisory committee. In taking on all the issues we do, many hands make light work and allow us to be both informed and responsive.
We are excited to announce a new addition, Katherine Nelson recently retired from Montgomery County's Planning department. Katherine has over 30 years of experience in land use planning with a focus on forest conservation, stream water quality protection, water supply/wastewater planning, and GIS database development and management. Katherine was among the first Arborists to be certified by the International Society of Arboriculture in 1988, and she is a Certified Natural Resource Expert with the American Forestry Association. Katherine helped develop the 1993 Patuxent River Functional Master Plan and served for many years as the Montgomery representative on the multi-jurisdictional Patuxent Reservoir Technical Advisory Committee and Patuxent River Commission. In 1995 the Commission provided County grants which Katherine used to develop and manage the Patuxent Demonstration Project - one of the first GIS data-based studies in the County to evaluate the relationship among watershed imperviousness, watershed forest cover, and stream water quality. Katherine developed the Planning Department’s forest planting program using developer mitigation funds to reforest stream valleys on Parkland. This has resulted in over 30 acres of newly planted forest in previously denuded sensitive areas. She also developed and managed an associated volunteer program that facilitated individuals and conservation groups to care for these newly planted forests that can be vulnerable to deer predation and invasive species. For this effort she received the Izaak Walton League of America National Honor Roll Award in 2009. From 2006 to 2010 Katherine led the effort to convert the Planning Department’s paper forest conservation records and hand-drawn maps to a digital system of geodatabases. These included forest conservation plans, forest cover, conservation easements, forest mitigation banks and forest planting. This greatly enhanced the Department’s on-going data analysis capabilities and made it possible for the Department to develop Geographic Information System (GIS) web applications that made this data easily accessible to the public. For this effort the team received the ESRI Special Achievement Award in 2011. Katherine oversaw the management of these databases until 2018. Katherine served on the County Forest Conservation Advisory Committee from 2010 to 2020. She was also part of MWCOG’s Community Forestry Network and was on the team that developed the Regional Urban Forest Canopy Analysis. In 2009 Katherine was instrumental in developing the County’s first Tree Canopy Analysis with the University of Vermont. Katherine provided the environmental analysis and recommendations and the water and sewer service recommendations for many master plans, including the original Rustic Roads Functional Plan (NCAC Merit Award 1996), Friendship Heights (NCAC Merit Award 1999), Sandy Spring/Ashton, Ten Mile Creek, Potomac Subregion (NCPC Merit Award for the Environmental Analysis 1999), Damascus and Vicinity, Burtonsville Crossroads, Sandy Spring Village, Westbard (nominated for the Bethesda Green Award 2019), and Fairland and Briggs Chaney. In 2018 we were so thrilled to match Niyi Balogun and Tope Fajingbesi with their first acre of land and a solid landowner partner through our Land Link program. From the start it was clear that they were determined to find success growing Certified Naturally Grown produce on their acre in Brookeville. First they sold at one market, then two, they started growing for Manna Food Center. The press came calling to tell their story about Niyi's move from Nigeria and his instance to continue farming here in Montgomery County, along with Tope's accounting background creating a thriving farm business. They mentored other farmers and engaged in strengthening the Ag sector in the County. ( See the farmer summit at Dodo Farms) Dodo Farms quickly grew out of one acre and started looking for more space. They leased 4 more acres at their same original property but were still looking for a way to live where they farm and own the land to make long term infrastructure investments worthwhile. They have just bought 10 acres in Howard County and we could not be happier to have them achieve what they have wanted for so long. But - all the same, it is troubling they were not able to access land here in Montgomery County.
While Land Link is matching land seekers with land to lease, overcoming the high price of land to buy is still very difficult. We worry our county will loose seasoned farmers and Ag community collaborators like Niyi and Tope to reasonably priced land elsewhere after they have built a life and customer base in Montgomery County. All this shines a light on a new ZTA proposal at the County Council that seeks to redefine farming to allow commercial lodging on protected farmland. When non-farmers can buy up land in the Ag Reserve for non farm uses - farmers like Niyi and Tope simply can't compete - in the only part of the county set aside for farming. If you have not already, please write the Council on ZTA 23-09. We will of course still be offering support to our partners at Dodo Farms and you can still find them at the Silver Spring and Dupont Circle Farmers Markets. You can keep up with Dodo Farms' move here. Update: MCA with partners are opposing a bill in the General Assembly that would allow diesel generators of any size, and quantity in any location to provide backup power to data centers without oversight of the Public Service Commission. Learn More. Check out this video from our friends across the Potomac, Piedmont Environmental Council. Virginia has been building data centers for decades and we can learn from their experience.
Data centers alone are expected to double Virginia's energy use by 2040. Who pays for increased energy capacity? Hint- it's not the data center operators. In fact Marylanders could be paying for $500 million of the tab for grid improvements to support VA's data center spree. This new energy and water intensive use needs careful guiderails on our side of the River. Read on for how we are engaging stakeholders to share concerns and recommendations for a proposal in the Ag Reserve.
Update: 1/24: The conditional use application for these data centers proposed by Terra Energy is now at Planning (view the plan here).
We are meeting with Planning staff to share our thoughts which include concern about lack of specific information about project. Applicant indicates they will provide details later after approval. Update: 12/23 Terra (the company proposing the data centers) has shared their conditional use submission documents with both SCA and MCA. We appreciate that. The application (for data centers and battery back up project) is currently being reviewed by staff at the planning department. Our review of the documents submitted raises concerns, primarily as to the material that has not been included. The applicant apparently is looking for preliminary approval before submitting all required application components. This is troubling as one rightly asked how something can be approved without knowing the salient details. Stay tuned for more. Maryland Matters did a great background of why data centers cause so much concern News from FredCo - Aligned, the company behind one of the proposed data center projects in Adamstown was not successful in getting approval to use 168 (!) diesel generators to complete construction of the project and have canceled the project. It is unclear at this time what impact this has on the Terra energy site proposed in Dickerson along the river. Update: We await the submission of the conditional use application by Terra. We are also awaiting reply from County Executive regarding request for committee to establish regulatory framework to guide data center development. Montgomery Countryside Alliance and our partners at Sugarloaf Citizens Association are continuing to carefully monitor the proposal as many as 20 data centers and a large scale grid battery storage facility at the former PEPCO Power Plant in Dickerson. The new property owner Terra Innovations will file for conditional use approval for the project very soon. Here are the concerns and recommendations submitted by both organizations to the applicant. We continue to advocate for both state and county regulations to guide this land use. Currently the data center land-use does not have a regulatory framework. Some maps from the Terra Innovations site showing property boundaries and zoning: Pieces of this property are part of the Ag Reserve as shown above Much More:
Community Meeting with SCA, MCA and Sugarloaf Alliance on Data Center Concerns Northern VA has a Data Center Problem Data Centers in N VA are nearing a tipping point Quantum Loophole to Bore under Potomac is 3 places to lay data center infrastructure Quantum Loophole cited for many MDE violations - stop work order issued It is not overacting to call it a a saga - the three years invested by Frederick County farm and smart growth advocates to shepherd through the Sugarloaf Treasured Landscape Plan have been tumultuous, with moving boundaries, backroom deals with multi national companies and more. Hanging in the balance, farmland and forests that could either gain critical protection or remain unprotected with new land-hungry uses at the door. After passing the plan in 2022, the non binding goals of protecting the area around Sugarloaf, the overlay that forms the teeth of the zoning change was remanded to the Planning Board last year. It was once again approved by the Planning Board with few changes and a strong recommendation to pass it. The Council took it up on December 19th and the overlay failed 5-2. The Frederick News Post covered the meeting. Councilmembers Brad Young, M.C. Keegan-Ayer, Kavonté Duckett, Mason Carter and Renee Knapp voted against the overlay. Councilmembers Jerry Donald and Steve McKay voted to approve it. To the advocates in the room, the reasons given for not backing up the plan recognizing the regions unique qualities with measures to keep them protected were underwhelming to say the least. A broad coalition of regional supporters were dismissed as NIMBYs, zoning that would protect farms and forests, used by the county elsewhere to protect similar resources was called "exclusionary" and Councilmember Young even said that the area may need to be a "revenue stream" in the future. One part of the meeting that was particularly chilling was the lack of support for an amendment barring Data Centers from being sited in the Sugarloaf Zone. A proposed floating zone that would allow Data centers is proposed for parts of the area considered by this plan. Related: Maryland Matters on Data Centers: "In other words, if the data centers come to Frederick County, there could be tremendous consequences for the climate and the environment — and for millions of utility customers throughout the region." We understand that the next part of Frederick County's Zoning re-write is the 270 corridor, an area where carveouts to this plan were floated to allow a developer to site data centers in partnership with Amazon within the plan area. This plan, bound by NDAs and backroom deals, only came to light thanks to the legal efforts of Sugarloaf Alliance. Data center development on the industrial Eastalcoa site is ongoing - in the words of Councilmember McKay who was seeking to prohibit Data Centers in the Sugarloaf Zone: "The County is moving forward with a major data center project at the old Eastalco site. We’re a decade or more from maximizing that project. We don’t need more land now. That Eastalco site has the high power electric infrastructure - Sugarloaf doesn’t. The Eastalco site has nearby water and sewer - Sugarloaf doesn’t. Leaving open the prospect for this kind of development in the Sugarloaf area actually opens it up to even more intensive development. As far as the Council members opposing the overlay tonight, I didn’t hear them shying away from that possibility. In my opinion, that vote against the overlay was a vote in favor of future development there." No question this is a setback, but the work continues. We stand committed to our partners across the county line. Please follow Sugarloaf Alliance for more in-depth updates. More Background
MCA joins our colleagues in Opposition to ZTA 23-09
Thanks to all those that have written the Council. (1/16 Hearing Video here). A new Op-Ed in MoCo 360 "Proposed farming bill would not benefit farmers" Two Action Steps: 1.Take two minutes to personalize an email to the council with our email tool here or write your own with the addresses here. 2. To ensure your message is added to the hearing record you'll need cut and paste it into a document to upload it to the Council website here. Background: A new ZTA has been proposed by Councilmember Fani-Gonzalez (co-sponsored by Councilmembers Glass and Friedson) that would allow accessory structures for overnight accommodations in the Ag Reserve. Background: What this broadly written proposal does: Changes the definition of farming - by proposing this use in section 59 of the County’s zoning code instead of the commercial lodging code (section 54) where overnight accommodation is provided for and regulated. As written, up to ten motel style units (with bathrooms and no limit on square footage)would be allowed as an accessory to an agritourism operation. To be clear- these lodgings could be constructed anywhere in the Ag Reserve- including on prime soils and on land encumbered by agricultural easements- funded by taxpayers- and have no connection to farming. This proposal does not, as claimed by the Council sponsor, only open the possibility of "incidental outdoor" stays (i.e. camping and outdoor seasonal "glamping" options) that the Maryland Farm Bureau supported at the state level. The ZTA provides for constructed lodging with no limit on sq footage. A large scale landowner with recently acquired acreage clamoring for this dramatic change has said in a WTOP interview “Imagine going to the Ritz-Carlton or the Four Seasons” where each unit would be “like a small cabin,” but cushier. “Like any high-end hotel” but “not over the top.” Seasonal camping is not the goal of this proposal. Residents throughout the county have written compelling messages to the Council. Full correspondence is publicly available in the ZTA’s hearing record. * motel defined: an establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area ~Merriam-Webster Separate from the myriad problems with the ZTA's provisions, moving forward with this as presented with additional amendments would procedurally incorrect. There are no amendments that will overcome the fact that it is seeking to amend the wrong part of the zoning code and any change to address that would require new public notice and process. It seeks to re-defining farming in the sole area set aside, master planned, for it. Stakeholder conversation around commercial lodging and how to ensure that the use does not prove detrimental to the primary land use, agriculture, can occur after the ZTA's withdrawal. Residents throughout the county have written compelling messages to the Council (many many more messages are now part of the public hearing record): "During the fruit season I talk with hundreds of customers and they tell me how much they enjoy their trip to our orchard every week. They can’t believe how beautiful the countryside is. I hand them a Plenty Magazine and explain to them about the Ag Reserve. They thank us daily for growing delicious fruit – they realize how hard we work to do that. These fine people don’t come to the Ag Reserve to see a whiskey distillery and more buildings. They drive here to see fields, orchards, farms, crops, and animals grazing in the fields. That’s what the Ag Reserve is all about." - Ag Reserve Farmer "I attended a forum recently which Councilmember Fani-Gonzalez spoke on behalf of the amendment. Upwards of 100 attendees were there and the majority were opposed to this ZTA. I'm not sure she endeared herself with the group by opening the meeting with the statement of "this is going to happen; we just need to define numbers and sizes of dwellings per farm". The group was told this is for the good of the economy but could not answer how. It appears the ZTA is fraught with holes and should not be allowed to move forward." "I would like to express my objections to the Zoning Text Amendment (ZTA) 23-09 – Farming to allow “Incidental Outdoor Stays”. This ZTA would change the entire nature of the uses allowed in the Agricultural Reserve Zone (AR) and ask that you vote against it. The proposal is not consistent with the purpose of the AR. If this ZTA is enacted, it would authorize the construction of up to 10 luxury resort lodging structures on farm properties in the AR. These structures would: A. Not be subject to accessory structure size limits. B. Misleadingly called incidental outdoor stays. C. Would be exempt from limitations on short term rentals. The proposed ZTA does not meet any of the fundamental purposes of the AR to preserve working farms, open space and water resources. For these reasons, it should be rejected. The Montgomery County Agricultural Reserve has been used as a model in other states to preserve farmland and protect farmers. Montgomery County has the highest percentage of farmland under agricultural land preservation easements in the nation. This highly successful model would be at risk if ZTA 23-09 is approved." We've compiled a list of questions we have about this proposal that we are working to get the answers to:
Gorgeous chard bound for food insecure neighbors grows well Spring through Fall at the Afrithrive Cultural Farm in Poolesville- one of a number of farmers who found their leased land through our Land Link program. A proposal to allow commercial lodging in the Reserve would make land even harder to find for next generation farmers. MCA and Sugarloaf Citizens Association sponsored a community discussion of this ZTA on December 6. The full video is here. This ZTA What Now? Please take the following two actions: 1. Write your Councilmembers at the following addresses and bcc us at info@mocoalliance.org county.council@montgomerycountymd.gov councilmember.friedson@montgomerycountymd.gov councilmember.balcombe@montgomerycountymd.gov councilmember.albornoz@montgomerycountymd.gov councilmember.katz@montgomerycountymd.gov councilmember.luedtke@montgomerycountymd.gov councilmember.fani-gonzalez@montgomerycountymd.gov councilmember.jawando@montgomerycountymd.gov councilmember.mink@montgomerycountymd.gov councilmember.stewart@montgomerycountymd.gov councilmember.sayles@montgomerycountymd.gov councilmember.glass@montgomerycountymd.gov 2. To ensure you message is added to the hearing record you'll need cut and paste it into a document to upload it to the Council website here. (if you need tech help reach out - caroline@mocoalliance.org) Please send in your comments by January 12th for the hearing on the 16th. Feel free to use the questions and talking points below. We were advised that they disregard the form emails. We will do one later but needed to go this route. That said, try: I am (description). I stand with the agricultural groups, community associations, and other stakeholders who have stated clearly and firmly opposition to ZTA 23-09. The ZTA demonstrates a troubling lack of understanding of the Reserve, the economic complexity of keeping farms viable and, importantly, supporting new diverse farm operations. Want to know how to support the Reserve and its farms? Ask the farmers what their challenges are and listen. Then consider what you might do to help. Meanwhile, agriculture is talking to you. They are telling you this ZTA will hinder not help. Please work to withdraw this ZTA. Maryland Public Service Commission Proposes Overriding County Rules in Commercial Solar Siting12/6/2023
Update: The impact report is out on the results of ZTA 20-01 that balanced farmland protection with solar generation in the Ag Reserve. A summary: Hurdles to Solar in the AR: "The Montgomery County Planning Department is hearing from potential solar project applicants that utility approval is one of the largest hurdles to effectively implementing community solar in the county. Cooperation with the power distribution companies and the ability to connect to the grid are the two primary drivers for not receiving timely approvals and construction of approved projects. Planning staff have been told there are issues with responsiveness, communication, and overall desire to implement additional solar from utility companies in general." "Grid interconnection is the other major obstacle impacting utility approvals in the county. The local power circuits need to have the available capacity to absorb new electric generation and, in many areas, that capacity does not exist" "Montgomery Planning believes these hurdles that delay or deny utility approvals represent the largest obstacle to implementing our collective solar goals, and zoning and land use regulation may likely have little if any ability to remedy these issues." Conclusion: "Montgomery County takes its responsibility to contribute to the state’s solar goals seriously and will continue to aggressively strive to assist the state in meeting our collective renewable energy goals by promoting solar projects on up to 1,800 acres, which equates to approximately 2% of all land in the county’s precious Agricultural Reserve. The standards and process for solar facilities in the AR Zone Impact Report of Montgomery County Solar Collection Systems in the AR Zone 12 and other zones reflect that commitment, while preserving agriculture as the primary use in the Agricultural Reserve. As stated previously, Montgomery County’s Agricultural Reserve is a prized and valuable resource. It is a significant economic driver in terms of commodity farming, food systems, and agritourism, and provides opportunities for diverse communities to access and remain in farming." Back in 2020 MCA co-led an effort to bring 60+ civic organizations together to engage stakeholders and craft a policy that balanced large scale solar siting and the farms and forests of the Ag Reserve, allowing large systems to co-exist with farming where they were not permitted before. Since that time, a number of solar installations in the Reserve have been approved through the county's conditional use process, many others that would meet county approval standards are waitlisted as large scale utilities work through capacity issues - a roadblock outside the county's purview. The situation is the same in other counties. Because local governments are charged with the protection of local resources many counties have put similar regulations into place to balance twin goals - renewable energy and farmland, forest and water protection. However, this Fall the Public Service Commission -Maryland's regulatory body for utilities including energy and transportation - is considering preempting carefully crafted County policies and processes to approve large scale solar arrays where the state deems necessary. So far the PSC has held a comment period as they consider how to move forward. The new Montgomery planning director, Jason Sartori, submitted comments that succinctly explain the approval process in MoCo and the detriment to the County's 40 year commitment to the Ag Reserve that would come from bypassing the current reasonable process. Read the full text of the Montgomery Planning Commission's comments to the PSC here. Stay tuned for more on this evolving issue. You Might Like:
MCA and PEER seek release of MDE report detailing coming Climate Impacts on State and Local Water Supply The drought that began this summer is still ongoing as winter sets in. Unfortunately, this drought is not a fluke event but a new trend. The scientific modeling is clear - we are in for more frequent and severe drought events. The ICPRB that monitors the Potomac said we can expect stream flows to be reduced by 35% by 2040.
As for groundwater - the picture is also dire - but gathering data about wells is more difficult than surface water monitoring. This lack of data hinders land use planning - like the updates to the master plan in the Town of Poolesville where several large developments have been proposed for the area entirely served by town wells and septic. These wells rely on the federally designated Sole Source Aquifer - water deep underground underlying much of the Western county that is also impacted by droughts. We understand the Maryland Department of Environment has completed a report that details with more certainty what climate impacts will be on local water resources. This report would offer crucial insight to Poolesville and other areas considering how to plan future land use to steward dwindling water supplies responsibly. So far communications to MDE asking for this report have not yielded results. Our partners at Public Employees for Environmental Responsibility (PEER) have filed a Public Information Request to access this report and make it available to guide efforts toward resilient water systems. Stay Tuned. County Council Unanimously passes fee increase for disruption of street trees, forest canopyAny season is good time to be thankful for trees but the brilliant colors of Fall are a reminder of just how much trees offer to our neighborhoods.
Montgomery County has laws to staunch the loss of street trees, forest canopy and soil. The Roadside Tree Protection Law decrees anyone granted a permit to remove a tree in the County’s right of way generally must replant and/or pay a fee into the Street Tree Planting Fund. Similarly, under the County’s Tree Canopy Law, an applicant for a sediment control permit must plant shade trees and/or pay a fee into the Tree Canopy Conservation Account. However - the fees developers pay into this fund have not increased in 10 years while the cost of saplings and labor has gone far higher. The fee is currently $250 per tree, however the tree plantings actually cost on average between $450-$470 between purchasing trees, planting and aftercare. Planting the healthiest saplings and providing proper aftercare as they get established allows the trees to be of service in neighborhoods for generations. Councilmembers Friedson and Glass have introduced bill 40-23 - Tree Canopy and Roadside Tree Requirements - Fee Revisions and all Councilmembers signed on as co-sponsors and the bill passed. While there are other provisions that can be taken to strengthen these laws in the future, this proposed common sense legislation to adjust the fee is straightforward and meaningful - a great step forward. We are thankful for trees and your support - Thank You!
Our thanks to stalwart partners Heritage Montgomery for this great video featuring Ag Reserve farms, narrated by our own Caroline Taylor.
Update: From our partners at Sugarloaf Alliance on two points: 1. The FredCo Council just held their final hearing on the Sugarloaf overlay zone that offers critical protections for the farms and forests of the area on December 12 A final vote is scheduled for December 19. Click here for addresses and talking points to contact the council. Press on the Dec. 12 meeting Video of comments from Steve Black of Sugarloaf Alliance 2. There are plans to allow data centers in the Sugarloaf plan area - this new water and power hungry land use takes farmland out of production and is incompatible with the protective zoning the Sugarloaf plan proposes. Sign Sugarloaf Alliance's petition here. A really good background on why data centers cause immense concern from Maryland Matters. In FredCo - the News Post reports that the price tag for upgrading the grid to deal with the needs of the new proposed data centers is 5 Billion - who will pay for that? It has been a long road to getting the Sugarloaf region of Frederick County the protection it needs. The Treasured Sugarloaf Management Plan has been through several false starts spanning years.
The plan is now back in front of the County Council for another round of public hearings and a final vote. The plan needs support to clear this hurdle. Emails can be sent to councilmembers@frederickcountymd.gov Here are some talking points: - We support the Overlay’s I-270 boundary from Montgomery County to the Monocacy. Cutouts will degrade the strength of the plan. The Overlay and the Plan’s preservation goals are important including: - “To address the scale and visual impact of land uses and developments that can degrade rural qualities, excessively burden the transportation network, and overwhelm the scenic and rural nature of the Sugarloaf Planning area - “To minimize adverse impacts of land development activities on forestlands and natural habitats - “To regulate the amount of impervious surfaces to control the volume of stormwater runoff and stream bank erosion, maintain levels of groundwater infiltration, and retain as many of the functions provided by natural land as possible Some background on how we got here (a deeper dive can be found with Sugarloaf Alliance) - Carve outs of the plan to allow farmland to become an industrial use along 270 were proposed to accommodate backroom deals with Amazon- only uncovered thanks to public information act requests. "More Public Records reveal details of Amazon's failed data center plans". -Civic groups, partilarly Sugarloaf Alliance were instrumental in getting the plan boundary restored to 270 to the East and the Monocacy Battlefield in the west - common sense coverage for the plan. -Stronghold, the nonprofit that stewards Sugarloaf Mountain threatened to close the Mountain if the plan went through as proposed, one of a number of Sugarloaf country residents considering the plan overreach - when in fact no current uses would be prohibited under the plan. -The Council passed the plan but not the overlay - the part of the plan with the teeth of zoning to keep land in farming and protect standing forests. That part was remanded back to the Planning Commission. -Fast forward to October 2023 when having reviewed the overlay from scratch, the Planning Commission sent a mostly unchanged overlay back to the Council Council with a strong recommendation to approve it. MCA is deeply grateful to Afrithrive, Kingsbury Orchards, Shepherds Hey Farm, and Sugarland Ethnohistory project for hosting. Thrilled to have Royce Hanson join as well.
Halloween kicks off a season where holiday traditions center around farm products. A pumpkin on every stoop, a turkey in every pot, harried travelers trying to get sweet potato pie leftovers (why are there leftovers?) through security.
Year Round Markets: Whether you are making an old favorite or finding new side dishes to try - they will be better with local ingredients grown right here in MoCo. A Farmers Market the week before Thanksgiving is a truly joyful place. Find your market here. Other On-Farm Markets: Deere Valley Farm: Dickerson, selling beef, pork, chicken, lamb and baked goods. RB Savage and Sons Farm - Dickerson. Selling beef, chicken, eggs and preserves Savage Acres Farm - Dickerson, Selling farm fresh beef and pork year round and raw milk cheese from their own cows. Read up on their grass-fed beef operation Kingsbury Orchard - Dickerson. Cider, Apples, Asian Pears Lewis Orchards - Dickerson. Lots of locally grown produce and preserves in stock - taking pre-orders for pies. East Rivendell Farm - Damascus - on farm vegetable market with chicken, turkeys, bath+ body and more. Online ordering available. Butlers Orchard - On farm market and pre orders for turkey and pie. Check on you pick apple availability. Doc Water's Cidery - Some pick your own apples remain plus farm pressed cider for both kiddos and adults. Pre-Ordering Pre-Made Items and Farm Fresh Ingredients:
Wine and Beer: Rocklands Farm Winery Sugarloaf Mountain Vineyard Windridge Vineyard Waredaca Brewing Co. Brookeville Beer Farm Ideas for Next Year No turkeys you say? Yes, the small farms of the Reserve mostly operate on tighter margins than larger livestock farms and customers need to pre-order their birds early to be sure there are homes for each bird that is raised - usually ordering by mid October or earlier. Some places to secure your bird next year:
We are grateful to have so much incredible food close by - and for farmers that make it happen. MCA was humbled to be honored by Montgomery Preservation with the Montgomery Award for more than 20 years of educating the public and creating programs in the Agricultural Reserve that defend and maintain the Reserve as an agricultural area and that preserve the historic rural landscapes of Montgomery County. Other Upcounty projects included the Local's Farm Market and a Scout project at Boyds School. Learn more here.
Update: The PSC Chair responds to disappointment on the part of Governor Moore and others that the Commission held Aligned to the laws governing this kind of development. Simply put - 70 MW of backup power is the permissible amount where Aligned claimed they needed around 500MW of backup power. This law is in place to prevent increased emissions in more frequent times of power outages. The Frederick News Post is reporting that having not gotten approval for 168 diesel generators they needed to complete construction of their data center project, Aligned is pulling the plug on the Quantum Loophole project in Adamstown. Reads in Part: "Executive Jessica Fitzwater, said Aligned’s decision “demonstrates the State’s regulatory framework is a barrier to companies investing here.” Commission spokesperson Tori Leonard said on Wednesday that the commission operated under its legal authority and stands by its order. “As noted in the Commission’s October 10 Order ... the Commission takes seriously its statutory obligation to consider the impact of its decisions on the climate of our state, and rejected ... [Aligned’s] request to not consider the total capacity of its backup diesel generators,” Leonard wrote in an emailed statement." Aligned letter of withdrawal MCA was proud to partner with Clean Water Action and a coalition of other state wide groups to oppose the granting of an exception that would have allowed these generators. One wonders how this development will impact the Terra Energy proposal for 20 data centers along the Potomac in Dickerson. Background: Sugarloaf Alliance has been ably documenting the Quantum Loophole proposal and multiple environmental infractions as tunnels were dug for fiber cables. MCA coverage: Take Action: Developers Looking to Turn Frederick Farmland into Huge Data Center - Bore Under Potomac in 3 Places Sugarloaf Citizens Association Board of Directors 2023-2024 Back row: L-R: Gil Rocha, Lauren Greenberger, Steve Findlay, Ellen Gordon Ballard, Jay Cinque, Jane Hunter, Jim Brown, Dick Hill, Dan Savino Front row, L-R: Lili Leonard, Heidi Rosvold-Brenholtz, Tina Thieme Brown, Marcey Guramatunhu, Andrew Donaldson Not pictured: Danny Huntington, Tim Whitehouse, Scott Rockafellow, Jennifer Freeman, Shelley Heron, and Kim Penn, administrative assistant Thrilled to announce the 2023 Royce Hanson Agricultural Champion Award goes to Sugarloaf Citizens’ Association!Fifty years and going strong, the Sugarloaf Citizens’ Association’s (SCA) all volunteer powered non-profit stewards Montgomery County’s Agricultural Reserve giving voice to its purpose and future.
Tenacious, and scrappy when needed, SCA is on the frontlines when ill-conceived land use proposals surface. But they are also forward thinking about the need to promote the Reserve’s role in climate change and food system resiliency. Their headquarters, Linden Farm in Dickerson, serves dual roles as community event/meeting space and home to an important regenerative farming pilot. No doubt that the Reserve’s future vibrancy will rely on the continued work of SCA and their resourceful and dedicated members. More on SCAs Work Past Royce Hanson Award Awardees Fairland - Briggs Chaney Master Plan - MoCo Planners Focus on Strong Food System for Eastern County9/26/2023
Farming at Eco City in PG County - an incubator program to train new farmers Update: The last step for this plan is approval from the County Council on 9/27. MCA has again submitted individual testimony and gathered other civic organizations to support this forward looking plan (with thanks to Susan Eisendrath's coordination help!) When we talk about food equity, one thing that gets lost is not just who gets access to quality food for consumption – but who gets the access to food growing opportunities. Broadening food production access has benefits for the whole community in the areas of equity, public health, economic development and more. We see this reflected in our Land Link program - most applicants are farmers of color seeking to grow culturally appropriate food for their community.
The new master plan for the Briggs Chaney - Fairland neighborhoods is a plan that incorporates a stronger food access system for residents by taking account of the things a typical plan does - access to grocery stores and restaurants but it goes further to encourage expanded community gardens and local food hubs to strengthen the local food system. This is an exciting development and MCA wrote to support this plan - both as an individual organization and jointly with partner organizations. MCA's letter here Joint Letter here The time is ripe to collaborate on solutions that get more residents growing. This draft plan’s focus on a sustainable local food system plan and Agriculture Technical Hub is the right step forward and the Eastern County is the idea place to take this step. With partners, we are envisioning a further step – a fully featured small farm incubator program that brings together land, equipment and mentoring to create thriving small farms on hubs throughout the County. We stand ready to partner to make this pilot project a reality in the Eastern County and scale up to other parts of the county. The plan in its draft form was well received and approved for the next step by the planning board. Follow along here. Also check out support for the plan from Dan Reed, native of Fairland. |
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Montgomery Countryside Alliance
P.O Box 24, Poolesville, MD 20837 301-461-9831 • info@mocoalliance.org |
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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. |