Read more about the article Learn How Implied Preemption Can Limit Your Local Authority at #MACoCon
Agriculture / Environment / Government Liability and Courts / Intergovernmental Relations / Planning and Zoning / Summer Conference
Learn How Implied Preemption Can Limit Your Local Authority at #MACoCon

Think you have local authority to regulate in a policy area because state law is silent on the issue? Think again because a court may find you have no authority under the legal doctrine of "implied preemption." Learn about implied preemption, including two recent high profile court decisions on solar siting and pesticide regulation, at the 2019 MACo Summer Conference. Don't Be Tempted to Be Preempted Description The state can pass laws to preempt local…

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July 23, 2019
Read more about the article You Can Walk the Agritourism “Tightrope” at #MACoCon
Agriculture / Economic Development / Health and Human Services / Planning and Zoning / Summer Conference
You Can Walk the Agritourism “Tightrope” at #MACoCon

Learn how counties and the state are balancing the expansion of agritourism against valid land use, infrastructure, and public health concerns at the 2019 MACo Summer Conference. Walking the Agritourism Tightrope: Balancing Between "Yes" and "No" Description Agritourism remains an ongoing challenge for county governments. While counties recognize the value of agritourism in preserving and enhancing traditional farm operations, significant challenges remain over acceptable land uses, infrastructure and building code requirements, and health and safety…

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July 23, 2019
Read more about the article EPA Finds Maryland Phase III WIP Will Meet Bay TMDL Goals But Pennsylvania & New York WIPs Miss Their Targets
Agriculture / Environment / Planning and Zoning / Summer Conference
EPA Finds Maryland Phase III WIP Will Meet Bay TMDL Goals But Pennsylvania & New York WIPs Miss Their Targets

A Bay Journal article (2019-07-09) reported that the United States Environmental Protection Agency (EPA) has concluded that Maryland's proposed Phase III Watershed Implementation Plan (WIP) will meet its 2025 water pollution reduction goals under the Chesapeake Bay Total Maximum Daily Load (TMDL) but lacks important implementation details. EPA also found that the draft WIPs for Pennsylvania and New York fail to their Bay TMDL goals, meaning the entire region will miss its reduction targets. Two Bay watershed…

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July 19, 2019
Read more about the article Does Your County Have a Land Use, Environment, or Recreation Problem? UMD’s PALS Program May Be Able to Help
Environment / Housing and Community Development / Parks and Recreation / Planning and Zoning / Transportation and Public Works
Does Your County Have a Land Use, Environment, or Recreation Problem? UMD’s PALS Program May Be Able to Help

The Partnership for Action Learning in Sustainability (PALS) program continues to assist counties and municipalities across Maryland to solve a variety of large and small sustainability challenges. PALS can work with local governments on land use, transportation, environmental, economic development, and human resources issues. A few past PALS projects have included turf management, succession planning, and stormwater management projects. PALS is a low-cost assistance program that leverages University of Maryland (UMD) graduate and undergraduate students to produce “real world”…

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July 19, 2019
Read more about the article Court of Appeals Holds Solar Siting Decisions Are Made by the State, Not by Local Zoning
Agriculture / Environment / Government Liability and Courts / Intergovernmental Relations / Planning and Zoning / Summer Conference
Court of Appeals Holds Solar Siting Decisions Are Made by the State, Not by Local Zoning

The Maryland Court of Appeals has ruled that local land use is impliedly preempted by the state over the siting of large solar facilities. The Court's decision in Board of County Commissioners of Washington County, Maryland v. Perennial Solar, LLC, means that the Maryland Public Service Commission (PSC) has the final say on the location of solar projects that require a Certificate of Public Convenience and Necessity (CPCN) from the PSC. The CPCN requirement applies…

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July 19, 2019
Read more about the article Queen Anne’s Considers Ban on Balloon Releases
Agriculture / County News / Environment / Summer Conference
Queen Anne’s Considers Ban on Balloon Releases

A Route Fifty article (2019-07-16) reported that the Queen Anne's County Board of County Commissioners is considering legislation that would prohibit the intentional release of balloons that are not biodegradable or photodegradable. Traditional latex and mylar balloons and their tie ribbons do not break down in the environment and have been causing problems for both farmers and watermen. From proposed County Ordinance 19-13: It shall be unlawful for any person or persons to knowingly and intentionally release,…

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July 18, 2019
Read more about the article Learn the Latest Recycling Requirements at #MACoCon
Environment / Summer Conference / Transportation and Public Works
Learn the Latest Recycling Requirements at #MACoCon

Get updated on important recycling news, including composting initiatives, new regulations for recycling facilities, and how other states are dealing with recycling market challenges, at the 2019 MACo Summer Conference. Reduce, Reuse...Now What? Description Maryland’s recycling industry is experiencing new challenges and changes. Ongoing market difficulties, composting of food waste, and new regulations for recycling facilities are changing how recycling functions – and how much it costs county governments. Panelists will discuss emerging trends, market…

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July 16, 2019
Read more about the article No Local Preemption – Court of Appeals Declines to Hear Montgomery County Pesticide Case
Environment / Government Liability and Courts / Intergovernmental Relations / Summer Conference
No Local Preemption – Court of Appeals Declines to Hear Montgomery County Pesticide Case

In a victory for local governments, the Maryland Court of Appeals has denied a petition to hear an appeal of a lower court decision finding that local governments are not impliedly preempted from regulating the use of pesticides. The decision likely forecloses any further judicial action on the matter. The case is another in a of a string of decisions by the Maryland Courts that concern the regulatory authority of local governments under the doctrine of…

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July 12, 2019
Read more about the article Charles County’s “Ghost Fleet” Now a National Marine Sanctuary
Mallows Bay Ghost Fleet (Source: Charles County Government)
County News / Parks and Recreation
Charles County’s “Ghost Fleet” Now a National Marine Sanctuary

A Charles County press release (2019-07-08) announced that the County, the State of Maryland, and the National Oceanic and Atmospheric Administration (NOAA) have designated a national marine sanctuary to protect the remains of a "ghost fleet" of more than 100 abandoned World War I vessels. The Mallow Bay-Potomac River National Marine Sanctuary will be located in the Potomac River between Charles County and Stafford County, Virginia, about 40 miles south of Washington, DC. Mallows Bay…

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July 12, 2019
Read more about the article MES to Run Garrett County’s Water & Wastewater Treatment Plants
County News / Environment / Transportation and Public Works
MES to Run Garrett County’s Water & Wastewater Treatment Plants

A Garrett County Republican article (2017-07-11) reported that the Garret County Commissioners have entered into an intergovernmental agreement with the Maryland Environmental Service (MES) that will have MES take over operations of the County's water and wastewater treatment plants. The County estimates it will save nearly $100,000 a year from the agreement and allow the County to reduce 13 positions in the Utilities-Operations Department. The agreement allows affected employees to apply to MES with preferential consideration for…

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July 12, 2019
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