Carroll County Planning & Zoning Commission Meeting: Forest Conservation, ADUs, and Master Plan Work Session - May 6, 2026

The Planning and Zoning Commission of Carroll County met on May 6, 2026, at 6:00 PM in the Reagan Room. The meeting covered three major agenda items: an informational presentation on proposed changes to the Forest Conservation Ordinance, an introduction to a text amendment for Accessory Dwelling Units (ADUs), and a work session on preliminary recommendations for the Master Plan. The meeting was called to order by Chairman Kane, followed by the Pledge of Allegiance. A quorum of seven members was established. The agenda was revised to move the Forest Conservation item before the ADU discussion and to add public comment periods after each.

Forest Conservation Ordinance Changes (Informational)

• John Bowman, Forest Conservation and Landscape Specialist, presented an overview of changes to Chapter 150 of the County Code necessitated by Senate Bill 526 (2023).
• The bill expands priority retention areas to include Forest Interior Dwelling Species (FIDS) habitat, tier two high-quality watersheds, reservoir watersheds, and priority urban forests, affecting approximately 60% of the county.
• New requirements include public notification to adjacent property owners for clearing priority forest, written findings and justification for approval, and a judicial review process for appeals.
• Additional changes include mandatory reforestation of unforested stream buffers, reduced mitigation for solar facilities (no afforestation requirement), and a half-acre mitigation for every acre cleared in priority funding areas (if not priority retention forest).
• Staff proposed a new mitigation technique: retention banking (recording forest easements over existing forest). The county recommends allowing retention banking for afforestation but not for reforestation, to maintain a no-net-loss policy.
• Staff also proposed changes to increase the applicability threshold from 20,000 square feet to 40,000 square feet (aligning with state law), modify exemptions for agricultural activities (using Schedule F tax documents instead of farm plans), remove the public utility rights-of-way exemption (at the request of the Board of County Commissioners), and adjust the land transfer exemption for family lots.
• The maintenance period for forest conservation plantings could be reduced from five years to three if plantings meet the definition of forest (100+ trees per acre, 50% at 2-inch diameter at breast height).
• A fee-in-lieu option was introduced as a last resort for developers, with a fee schedule adopted by the commissioners in February 2026. Staff noted that forest bank credits have been exhausted, stalling projects.
• Commissioner Ralph Robertson asked about net forest cover change; staff responded that the county has maintained about 25% forest cover, with one-to-one replacement. Robertson also questioned the judicial review process, and staff clarified it was authored by the Chesapeake Bay Foundation after a study and a Hartford County lawsuit.
• Commissioner Robertson expressed concern about the fee-in-lieu amounts being sufficient and the risk of funds not being used for reforestation. Staff assured that state DNR reviews fee-in-lieu funds every two years and that the rates were based on Howard County's updated figures.
• Commissioner Robertson also suggested that if family lots created under the exemption are sold within seven years, mitigation should apply. Staff noted a current declaration of intent requiring seven-year occupancy, but tracking beyond that is challenging.

Public Comments – Forest Conservation

• No public comments were offered.

Text Amendment: Accessory Dwelling Unit (ADU) (Introduction)

• Tiffany Fossett, staff, presented an introduction to the text amendment required by House Bill 1466 (2025). The state mandates that by October 1, 2026, jurisdictions must allow ADUs anywhere single-family detached dwellings are permitted.
• Key requirements: ADUs must be allowed as a secondary unit on the same lot, cannot exceed 75% of the primary dwelling's size, must meet public health/safety standards, and are excluded from density calculations. Parking requirements cannot be imposed without a parking study; side and rear setbacks cannot exceed those for accessory structures. Front setbacks can be regulated.
• Staff identified potential code modifications in Chapters 155, 156, and 158, including definitions, use tables, ADU size and bulk requirements, owner-occupancy rules, and parking. The Adequate Public Facilities Ordinance (APFO) currently exempts ADUs, but the Board of County Commissioners raised concerns about concurrency management.
• Commissioners raised numerous concerns: the potential for large ADUs (up to 75% of a 4,000 sq ft home), impacts on community character, HOAs, subdivision rights, septic and well capacity, fire safety/sprinklers, and the definition of "unreasonable limitations" on HOAs. Commissioner Ralph Robertson noted that the current code limits ADUs to 800 sq ft and detached only on lots over 3 acres; the new law would supersede local restrictions.
• Staff will research specific questions, including interactions with age-restricted communities, historic districts, and subdivision prohibitions. The commission expressed interest in creating a separate code section for ADUs rather than piecemeal amendments.
• The proposed timeline: work with the commission through July to draft the text amendment, return to the Board of County Commissioners in July for approval to schedule a public hearing, and adopt by mid-September to meet the October 1 deadline.

Public Comments – ADU

• No public comments were offered.

Master Plan: Work Session – Preliminary Recommendations Discussion

• Staff led a discussion on regulatory recommendations from the housing work group, focusing on incentivizing a diverse housing mix in large-scale developments.
• The recommendation originally called for a mandate but was softened to "incentivize" after opposition. Commissioners discussed potential incentives such as density bonuses, tax credits, and public-private partnerships.
• Commissioner Steven Horn cited examples from other jurisdictions (e.g., Port Covington tax breaks, a Delaware nonprofit using tax credits for affordable housing). He offered to connect the commission with a nonprofit leader who could provide insights.
• Commissioners Ralph Robertson and Peter Lester emphasized the need for specific, actionable language in the Master Plan rather than vague goals. They urged exploring concrete mechanisms like density flexibility for new construction and designated growth areas (e.g., along Route 26 or near Mount Airy).
• Staff agreed to refine the recommendation with more specificity, linking it to implementation. The discussion will continue at future meetings.

Key Outcomes

• The commission will send a letter to the Board of County Commissioners summarizing the discussion on the Forest Conservation Ordinance, including Commissioner Robertson's suggestion about tracking family lot sales beyond seven years.
• The commission will continue work on the ADU text amendment, with staff researching specific questions (septic, sprinklers, HOAs, subdivision rights, age-restricted communities) and bringing back a draft for detailed review at the next meeting.
• The Master Plan work session will continue refining regulatory recommendations, with a focus on developing specific incentives for diverse housing types in large-scale developments. Staff will explore density bonus language and potential designated growth areas.