On February 20, Director of Intergovernmental Relations Dominic Butchko testified before the Finance Committee in opposition to SB 807 – Alcoholic Beverages – Class 8 Farm Brewery and Class 10 Farm Distillery Licenses.
This bill eliminates a core element of local zoning authority for businesses operating under a Class 8 Farm Brewery License or the newly created Class 10 Farm Distillery License.
Although presented as support for farm-based breweries and distilleries, the bill would exempt certain license holders from compliance with local zoning requirements and grant sweeping regulatory authority to the Maryland Alcohol, Tobacco, and Cannabis Commission.
As drafted, the legislation would allow facilities operating under a Class 8 Farm Brewery License or the newly created Class 10 Farm Distillery License to conduct high-intensity production and event activities without local review of traffic, infrastructure capacity, environmental impacts, or compatibility with surrounding communities.
Counties believe land use decisions are best made at the local level, where roads, utilities, and community context can be fully evaluated, and therefore urge careful consideration of the bill’s broad preemption of local authority.
In practice, this change would allow large, high-impact facilities to
be located anywhere agricultural land exists, including areas just outside established urban and suburban communities, without meaningful local review of site-specific impacts. Counties would have no ability to evaluate whether local roads can accommodate increased traffic, whether wells, septic, water, or sewer systems are sufficient, or whether surrounding residential areas are properly insulated from late-night events, amplified music, or large gatherings. Severing these considerations is unwise.
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