Proposed Statewide Ban on Septic Systems for "Major" Developments
As many of my readers know by now, Governor O'Malley announced in his State of the State address last Thursday his proposal to ban "major" housing developments that use septic systems in an effort to further combat the leakage of pollution into the Chesapeake Bay. This obviously is a major concern for builders in rural areas as well as those parts of Maryland that are within developing areas but that currently do not have sewer connectivity. Based on some reports and administration officials, this proposal, if enacted, could impact housing developments with as few as 6 homes.
For an insightful article detailing the reactions of members of the building industry as well as local planning directors and state environmental agencies, check out an article appearing in the Baltimore Sun, authored by Timothy B. Wheeler, titled "Developers distressed over bid to curb septic systems".
What are your reactions to O'Malley's proposal?
As its name "Sustainable Growth and Agricultural Preservation Act of 2011" implies, this seems to be as much an Agricultual Preservation Program as environmental legislation.
There are many very successful Agricultural Preservation programs administered by State and Local governments where rural landowners are compensated for the development potential of their land. This bill will simply take away much of the value these landowners have in their property. Value which has existed in many cases for generations. I seem to remember something from early civics class about "taking without compensation".
There is no doubt that problems exist with septic systems in the rural areas but solutions exist which are not so draconian to the rural landowners position.