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County Council Examines Legislation Paving Way Toward A Building Lot Termination Program In Ag Reserve
The County Council is considering Bill 39-07, which was introduced in December by the Council President at the request of the County Executive.  Bill 39-07 would, among other things, conform county law concerning the purchase of agricultural easements to the requirements of state law.  This bill would be an important first step toward a Building Lot Termination (BLT) program, which would allow for the termination of building lots (the so-called "fifth TDR") on farmland in the Ag Reserve, with compensation to the farmer, in exchange for allowing higher density development in the so-called "receiving area".  CPR supports this legislation and the move toward a BLT program.


Key Ag Reserve Legislation Considered, Some Of It Passed By Montgomery County Council
On June 12, 2007 several items of legislation were introduced to the Montgomery County Council by Council President Praisner on behalf of the Ad Hoc Agricultural Policy Working Group. These legislative items were to implement the recommendations of the Ag Working Group.

Also introduced on June 12 was one item of legislation submitted by the Planning Board for introduction by the Council President Praisner. The Planning Board’s ZTA on child lots was prepared because it does not support the recommendations of the Ad Hoc Agricultural Policy Working Group. Likewise, because the Planning Board does not support the Ag Working Group’s recommendations on Sand Mounds, the Planning Board submitted a separate sand mound resolution, BUT the Council President delayed the introduction of the sand mound resolution so that it can be considered at the same time as all other sand mounds initiatives.

Two of the items considered were passed by the Council October 2 and became effective October 22, 2007.  The items passed are noted below.  The other items are not under discussion at the County Council at this time.


1. Bill 12-07, Real Property-Agricultural Zones-Disclosure  (passed 11/02/2007)

2. ZTA 07-06, Rural Density Transfer (RDT)- Child Lot Standards

3. ZTA 07-07, Rural Density Transfer (RDT)- Use Limitations  (passed 11/02/2007)

4. ZTA 07-08, Transferable Development Rights (TDR)- Use Standards

5. ZTA 07-09, Rural Density Transfer (RDT)-Child Lot Standards (written by the Planning Board)

6. SRA 07-02, Transferable Development Rights (TDR) Subdivision Standards

7. Amendments to Water Supply and Sewerage Systems Plan- Child Lots

8. Comments are also invited on Draft Executive Regulation for the Building Lot Termination (BLT) Program and fiscal analysis


The following is a brief description of each of the above legislative items.

Bill 12-07 (Agenda item 3) Real Property-Agricultural Zones-Disclosure
“A bill that requires disclosure for homes being sold in agricultural zones to inform potential homebuyers that current County and State law protects farmers from certain nuisance claims related to farming.”


ZTA 07-06,(Agenda item 5) Rural Density Transfer (RDT)- Child Lot Standards
“ A ZTA (Zoning Text Amendment) that clarifies and strengthens child lot provisions in the Zoning Ordinance to accomplish the following:

-indicate that child lots are in addition to market lots;
-require that the record plat indicates it is a child lot;
-require that a covenant be recorded in the land records at the time the plat is recorded specifying that the house on the child lot must be owned by the child for five years and must not be leased except to an immediate family;
-require that the building permit be issued in the child’s name;
-require that a majority of any child lot must be preserved in agriculture;
-codify the long-standing practice that requires that each child is only entitled to one child lot, regardless of the number of properties owned by the parent and that the construction of each child lot requires the use of a TDR’;
-allow a child lot to be created after the death of the owner if the owners’ intent has been established through a will or other document admissible in probate; and
-provides penalties for violations of these provisions.”

ZTA 07-07, (Agenda item 6) Rural Density Transfer (RDT)- Use Limitations
“A ZTA that clarifies that the development of RDT zoned parcels encumbered by TDR easements must be limited to single-family houses and agricultural related uses only.”

ZTA 07-08, (Agenda item 7) Transferable Development rights (TDR)- Use Standards
“A ZTA that eliminates the requirement that receiving areas use 2/3 or the possible Transfer Development Rights.

ZTA 07-09, (Agenda item 8) Rural Density Transfer (RDT)- Child Lot Standards
“This ZTA presents an alternative recommendation to the Working Group recommendations and would limit child lots such that the overall density of the property would not exceed one dwelling unit per 25 acres, regardless of whether there are child lots. The Council President is introducing the ZTA at the Planning Board’s request.” Note this is in direct conflict with the recommendations of the Ag Working Group and was not requested by the County Council.

SRA (Subdivision Regulation) 07-02; (Agenda item 9) Transferable Development Rights (TDR)- Subdivision Standards
“A subdivision regulation (SRA) that eliminates the requirement that receiving areas use 2/3 of the possible Transfer Development Rights.”

(Agenda item 2B) Amendments to Water Supply and Sewerage Systems Plan-Child Lots
“An Amendment to the Comprehensive Ten-Year Water Supply and Sewerage Plan to allow public water (but not sewer) to child lots under certain limited circumstances.”

Comments are also invited on Draft Executive Regulation for the Building Lot Termination (BLT) Program and fiscal analysis:

“The building Lot Termination (BLT) Program would purchase development rights for the one residential lot per 25 acres allowed in the Rural Density Transfer (RDT) zone (the ‘buildable TDR’). The Working Group strongly supports the BLT Program as a means to 1. reduce the number of buildable lots in the Agricultural Reserve while providing equity to landowners; and 2. preserve by easement as much usable farmland as possible’. “ A draft Executive Regulation for the BLT Program has been submitted by the Executive Branch and is attached at c 8 to 24. This Executive Regulation also covers the State Agricultural Easement Program (AEP). It has not yet been published in the County Register. . . . Since the Council cannot act on an Executive Regulation until it has been in the Register for at least 30 days, action on the BLT program will not be possible this summer and Council action will depend on the timing of the Executive Branch edits and publication.”

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Learn More About The Agricultural Reserve
Some websites and downloads with useful background about agriculture and agricultural land in Montgomery County.
Agriculture - Montgomery County's Growing Industry
A terrific overview of Montgomery County's agricultural heritage.  Start here.
Preservation of Agriculture & Rural Open Space Master Plan 
The planning framework behind the Agricultural Reserve.
Agricultural Fact Sheet For Montgomery County 
Facts and figures about Montgomery County's dynamic agricultural economy
Overview of Farmland Preservation Initiatives 
How Montgomery County can achieve the goal of preserving 70,000 acres for agriculture by the year 2010.

Montgomery County Department of Economic Development
Agricultural Services Division homepage.
Annual Farm Tour & Harvest Sale
Great family outing and learning experience every July.
Ad Hoc Working Group Report On Ag Issues
This working group was established by the Montgomery County Council to propose legislation concerning child lots, the proposed building lot termination program, uses of sand mound (septic) technology, and technical issues associated with the Transfer of Development Rights (TDR) program.  Scroll up on this page to see legislation proposed and passed as a result. 

2005-2006 County Council Legislation Affecting The Agricultural Reserve
Prohibits community water & sewer extensions within the agricultural reserve.  Passed 11/29/2005  Denies requests for water & sewer service by 3 PIFs in RDT Zone.  Passed 11/29/2005
Amendment to place limits on water/septic systems in Ag Reserve.  Passed 2/14/2006
Denies DBC request for multi-use water/septic system in Ag Reserve.  Passed 3/14/2006 


Maryland-National Capital Park & Planning Commission
Framework For Planning - Centers & Boulevards
Related Articles
Discussion Dates & Background
Town Of Laytonsville
Text of January 3, 2006 Resolution
Related Articles & Editorials
Photographer Uses Ag Reserve As Her Canvas - Gazette 11/29/2006
Church Gives Up Plan To Build In Ag Reserve - Gazette 11/15/2006
We All Benefit From Ag Reserve - Gazette 10/25/2006
Dickerson Family Farm Will Close Next Month - Gazette 7/19/2006
Not Your Father's Ag Reserve, Report Says - Gazette 7/5/2006
Group to Consider Montgomery County's Ag Reserve - Washington Post 5/3/2006
Ag Reserve Study Group Is Named - Gazette 5/3/2006
Council Creates Review Panel On Ag Reserve - Gazette 4/5/2006
Preserve The Reserve - Gazette Letter To The Editor 3/22/2006
Montgomery County To Seek New Planning Chairman - Washington Post 5/2/2006
Where The Rustic Clogs The Road - Washington Post 4/24/2006
Growth, Housting Shape Campaign For County Executive - Washington Post 5/4/2006
Ex-Attorney For Agency Faults Effects Of Politics - Washington Post 5/2/2006
Council Shows Commitment To Ag Reserve - Gazette Letter To The Editor 2/22/2006
Council Enacts Cap On Multi-Use Septic Systems - Gazette 2/22/2006
Knapp Seeks Restrictions On Size Of Multi-Use Septic - Gazette 1/25/06
Megachurch Fight To Resume - Gazette 12/07/05
County Clips Megachurches' Rush On Reserve - Washington Post 11/30/05
Help Preserve The Ag Reserve - Letter To The Editor - Gazette 11/16/05
Council To Consider Exemptions For Churches In Ag Area - Gazette 11/09/05
Looking For Balance - Councilman Knapp Editorial - Washington Post 11/07/05
Montgomery Megachurch Curb Advances - Washington Post 11/05/05
County Planners Reject Requests For Utilities For Megachurches - Gazette 10/19/05
Megachurches On Agenda, Debate Flares - Gazette 10/5/05
Montgomery County's Ag Reserve - Gazette 10/7/05
Churches vs. Greenery - Washington Post editorial 8/28/05
Let's Keep The Country In Montgomery - Washington Post 7/17/05
Plans For Big Churches In Rural Zones Sparking Debate - Gazette 7/6/05
Church Proposals Trouble Montgomery - Washington Post 6/30/05
Laytonsville Seeks Moratorium - Montgomery Gazette 5/29/05
'Megachurch' Plans Decried - Montgomery Gazette 5/11/05
County Should Work To Reserve Open Space - Frederick Gazette 5/12/05
Size Curbs Sought For Churches on MD Reserve - Washington Post 4/25/05
Rural Montgomery - Frederick News-Post 5/9/05
Montgomery's Line Of Defense - Washington Post 3/25/97


Additional References & Background
Maryland Agricultural Commission - Statewide Plan for Ag Policy

TDRs Montgomery County Case Study

Celebrate Rural Montgomery
An appreciation of Montgomery County Agriculture and the Ag Reserve.

Agriculture In Montgomery County - Fact Sheet From League Of Women Voters
An explanation of the master plan for the preservation of agriculture and rural open space in Montgomery County.  Includes definitions of "transferable development rights" (TDRs), government land preservation programs, taxation, and trends in farming in the county.

Montgomery County Working Group Report (2005) - Private Institutional Facilities
A report prepared for a joint committee of the Montgomery County Council, with recommendations on future development within the County's Agricultural Reserve.

Agricultural Zones Ordinances Div. 59-C-9
This ordinance governs Agricultural Reserve land in Montgomery County. 

Montgomery County Park and Planning Site Review Process
Montgomery County's resident's guide on participation in the site plan review process. 



County Council & Planning Board
Montgomery County Council
Ultimate decision makers on how much development will (or won't) be allowed in the Agricultural Reserve.  This website includes a complete council roster and email links for each individual council member.  2008 Council President Mike Knapp has created a blog which can be accessed here.  

Montgomery County Planning Board
The Board reviews and approves all preliminary plans, site plans and other plans for development in the county.  The Board's Chairman is Royce Hanson.  His email address is MCP-chairman@mncppc-mc.org.  He has created a blog linked here.



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© 2008 Citizens To Preserve The Reserve Inc., All Rights Reserved
Material linked or presented on this website does not necessarily reflect the views of CPR
What's What
In The Ag Reserve

Agricultural Reserve: Commonly described as 93,000 acres of Montgomery County.  Actually only about 70,000 acres in agricultural use; the rest being municipalities, existing infrastructure, homes, streams, parks and woodlands.

RDT Zone:  The Rural Density Transfer zone, also commonly called the Agricultural Reserve.

PIF:  Private Institutional Facility.  Refers to houses of worship, private schools, group homes, other non-governmental not for profit institutions.

TDR:  Transferable Development Right, set up as part of the 1980 Ag Master Plan.  Farmland owners in the RDT zone have 1 TDR for every 5 acres, but can only build on their property with 1 TDR for every 25 acres (density 1 house per 25 acres).  The other 4 TDRs compensate farmers for the down zoning that occurred on their property.  These other TDRs can be sold to a developer, allowing that developer to build higher density in a TDR "receiving area".  When TDRs are sold, a TDR easement is placed on that farmland limiting the permitted uses on that land.  Click for reference. 

BLT:  Building Lot Termination Program, a targeted land preservation program to buy the value of the "fifth TDR" and use that building right for higher density in a receiving area, in order to preserve a specific 25 acres of farmland for agricultural use only (no housing).

Sand Mounds:  An alternative to trench septic systems, used when land does not percolate for a trench system. 

Child Lots:  Set up as part of the 1980 Ag Master Plan, only available to farmland owners of record prior to adoption of the 1980 plan.  Allows a farm owner to create an additional lot for a child to live on the farm property.

Multi-Use System:  Refers to larger-sized groundwater and septic systems.  The Montgomery County Council has placed limits on the allowable size of these systems in the Ag Reserve, to prohibit inappropriately large PIF developments.