Shoreline building laws could be tightened in Anne Arundel County

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Anne Arundel County (Map, News) - Building unauthorized houses, sheds and pools in Anne Arundel’s environmentally sensitive areas may result in serious fines and possible demolition of the structure if officials get their way.

County Executive John R. Leopold and Council Chairwoman Cathy Vitale have introduced bills this month that would tighten the county’s critical area law intended to protect the more than 500 miles of shoreline along rivers, streams and the Chesapeake Bay.

“People were outraged at the past critical area violations, which were a black eye to this county,” Leopold said.

“We want people to know there are no sacred cows at this trough.”

Acting on state enabling legislation passed this year, the bills would come down heavy-handedly on those seeking retroactive building and grading permits — the bane of many environmentalists.

Development on critical areas such as Dobbins Island in the Magothy River, as well as cases like the Baltimore City judge who dumped construction material around his Patapsco River home in Pasadena, have led officials to believe the laws were too lax and people not threatened by the consequences.

The critical area was established to keep development away or at least restricted from areas that could affect the Bay’s health. Unchecked development in those areas could lead to erosion, nutrient overloading that causes fish kills, flooding and loss of habitat, environmentalists say.

But property owners could simply apply for retroactive permits after having built the structures illegally, officials said.

“Enforcement of the critical area laws has always been controversial in Anne Arundel, and some people feel they have been very lackluster,” said Terry Cummings, advocacy director for the Chesapeake Bay Foundation.

Under the proposal, the permit seeker must enter into a consent decree with the county to fix the damage done to the environment. The property owner also must pay an up-front fee.

If the property owner refuses, the county will impose hefty fines, including a $500 a day fee for non-compliance.

The county also has the right to demolish the structure if it sees fit.

“This takes away years of waiting in litigation for the approval of correcting environmental problems and even demolishing structures in the critical area,” said Nancy Duden, supervising attorney for Anne Arundel.

But some on the Anne Arundel County Council are concerned the new laws could make further complicate an already complex statute, leading to more violators.

“When people ask, ‘Can I do this, or cut down a tree in the critical area,’ I say, ‘Ask the county’,” said Councilman Ron Dillon Jr., R-Pasadena. “It’s to the point where it’s hard to keep up. We need to have the best protection that’s easy to understand.”

The bills go up for public hearing starting Aug. 4.

jflanagan@baltimoreexaminer.com

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