Charles County Board of Appeals Administrative Session - May 12, 2026

The Charles County Board of Appeals convened in an administrative session on Tuesday, May 12, 2026. No public hearings or evidentiary cases were conducted. Deputy County Attorney Elizabeth D. Wells and Counsel led a comprehensive training session on the quasi-judicial role of the board, its strict jurisdiction over variances, special exceptions, and non-conforming uses, and the Board's Rules of Procedure.

Consent Calendar

• The agenda for the May 12, 2026 meeting was approved unanimously by voice vote.
• The minutes from the April 28, 2026 hearing (Riverside Shores case) were approved unanimously by roll call. Members voting in favor were Vice Chair Benjamin Watkins, Damien Chasada, Timothy Trainer, George Grindle, and Chairperson Humbert. Jennifer Walker was absent.

Discussion Items

• Role of the Board and Legal Standards: Deputy County Attorney Wells and Counsel emphasized the board's authority originates from the Maryland Land Use Article, making it a quasi-judicial tribunal that must base decisions on sworn evidence, formal proceedings, and findings of fact. Counsel explained the board cannot grant a Use Variance (changing the permitted use of land) but can grant an Area Variance (relaxing dimensional requirements) if specific criteria are met. He detailed that the standard of review for the board is a "preponderance of the evidence," while a court reviewing an appeal applies a "substantial evidence" standard.
• Non-Conforming Use Regulations (12-Month Rule): Counsel described the Charles County Code Section 297-468 as a mechanical test: a non-conforming use is "deemed abandoned" if it ceases for one year or more. He stated the county does not have a subjective intent standard allowing extensions. Board members George Grindle and Damien Chasada expressed significant frustration, arguing the 12-month deadline is administratively impossible to meet due to county permitting delays, resulting in an unfair forfeiture of property rights. Counsel and Deputy County Attorney Wells maintained that strictly applying the law is the board's duty, and any policy change regarding the timeline is a legislative matter for the County Commissioners. Vice Chair Benjamin Watkins warned against creating a "pattern and practice" of ignoring the strict law (zoning estoppel).
• Rules of Procedure, Transcripts, and Fairness: Counsel recommended the board produce verbatim transcripts of hearings for adequate judicial review and criticized the current practice of accepting unsworn written comments from the public into the record. The board discussed the rights of the public to cross-examine witnesses and the lack of a formal process to register as an opposition party. Deputy County Attorney Wells cautioned the board against violating the Maryland Open Meetings Act through electronic communications (e.g., "Reply All" emails).
• Facilities and Scheduling: Chairperson Humbert noted that upcoming construction may displace meetings from their regular room. The board identified Mondays and Tuesdays as the best alternate days. The next regular hearing is scheduled for June 9, 2026.

Key Outcomes

• Rules of Procedure Revision Process Established: The board voted unanimously to begin a formal review of its Rules of Procedure. Members are to submit proposed changes to the Clerk (Ms. Lisa) by the next hearing on June 9, 2026. Counsel will compile the suggestions and provide redlined recommendations for discussion.
• Training Handbook Distributed: Counsel Brown distributed a comprehensive handbook containing relevant Maryland case law and the full zoning ordinance sections governing Special Exceptions, Variances, and Non-Conforming Uses. Deputy County Attorney Wells will distribute digital and hard copies of the board's current Rules of Procedure and the latest Zoning Ordinance to all members.
• Acknowledgment of Upcoming Vacancies: Chairperson Humbert formally noted that his and Vice Chair Watkins' terms expire in approximately seven and a half months, urging the County Commissioners to begin searching for replacements to maintain board continuity.
• Condolences: The board acknowledged the absence of member Jennifer Walker due to the passing of her father, former County Commissioner and Delegate Danny Mayer. Flowers will be sent on behalf of the board.