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.
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.
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.
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.
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.
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
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)
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)
Background on the original ZTA:
The ZTA 23-09 staff report speaks volumes - this proposal seeks to allow commercial lodging on protected Ag lands by changing the definition of "farming" in the code - in the Agricultural Reserve no less.
MCA joins our colleagues in Opposition to ZTA 23-09
- Our letter with Sugarloaf Citizens Association, Montgomery County Farm Bureau and Montgomery County Agricultural Producers.
- Also in opposition - the Climate Coalition of Montgomery County, representing 18 local groups.
- See our correspondence to the Council President and County Executive.
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". Plus a farmer perspective on the inequities perpetuated by this ZTA for new and diverse farmers from Beauty Blooms Farm.
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.
A new Op-Ed in MoCo 360 "Proposed farming bill would not benefit farmers". Plus a farmer perspective on the inequities perpetuated by this ZTA for new and diverse farmers from Beauty Blooms Farm.
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.
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:
"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:
- How will this affect farmland cost, already a barrier to new and expanding producers?
- Has thought been given to how this would impact well and septic operations?
- Has this been properly vetted with agricultural producers?
- Has there been review of the existing zoning code to see where commercial lodging can be best addressed?
- The ZTA proposes to change the definition of agriculture in the County’s zoning code to include commercial lodging, declaring the structures as accessory to agriculture. The overnight facilities are not related to agricultural production. Overnight lodging is addressed in the County Code’s Chapter 54. Advancing this use outside of the proper zoning category with requisite regulatory requirements raises a whole host of additional issues.
- The ZTA sponsors are insisting that this proposal is the same as the outdoor incidental stays bill that passed at the State level. This is false. The state passed a measure that allowed "incidental outdoor stays" - ie. camping. The Maryland Farm Bureau supported the measure to allow camping but when asked about this MoCo ZTA, a Farm Bureau representative said:
"Maryland Farm Bureau supports farm camping (incidental outdoor stays). However, the position on adding permanent structures for temporary stays should be viewed as a bed and breakfast or Airbnb. Not as an agritourism activity. Farm Bureau has no policy supporting the development of bed and breakfast structures as an Ag activity and would not support as agritourism.
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.
ZTA sponsor Natali Fani-Gonzalez at the Dec.6 Community Conversation
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 [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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 - [email protected])
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.
This ZTA
What Now? Please take the following two actions:
1. Write your Councilmembers at the following addresses and bcc us at [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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 - [email protected])
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.
Our tenacious advocacy on the part of Montgomery County's Ag Reserve is fueled by local support. We'd be honored by your end of year tax deductible gift.
