“Variances denied for Critical Area development, South county plan could weaken protections”
The above headline appeared in the Capital Gazette November 12, 2014, heralding a report by E. B. Furgurson III (pfurgurson@capgaznews.com), that detailed a recent win for the environment near Churchton, in south Anne Arundel County (see Google Earth map below at left.
Furgurson reports that “The county administrative officer has denied variances for a project seeking to build a cluster of homes in the most protected part of the Critical Area in south county”. Of significant importance is the implementation of the Maryland Critical Area Act (critical area is defined as all land within 1,000 feet of the mean high water line of tidal waters). This is clearly evident in Furgurson’s report that “those seeking a Critical Area variance requires the applicant to demonstrate that denying the variance would create an "undue hardship" on the property owner. Undue hardship means the property owner would be denied any significant use of the parcel if a variance is denied, according to state law.”
This win highlights the use of the Critical Areas Act and provides precedence for what constitutes a “denial of reasonable and significant use” of land.
Furgurson’s report may be seen at
http://www.capitalgazette.com/news/environment/ph-ac-cn-turtle-not-1112-20141112,0,687447.story.