OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Transportation and Environment Committee Meeting: Water and Sewer Category Changes - July 14, 2026

County Council & CommitteesTuesday, July 14, 2026
BodyMontgomery County, Maryland
SessionCounty Council & Committees
DateTuesday, July 14, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

Good afternoon.

0:03

It is Monday, July 13th.

0:05

Welcome to the Transportation and Environment Committee.

0:08

We have one item on the agenda, which is a resolution to approve amendments to the comprehensive water supply and sewage systems plan, water and sewer category change requests.

0:21

And there are four category change requests.

0:24

These properties are spread out geographically throughout the county.

0:29

One's in Potomac, one's in Boyds, one's in Spencerville, and one's in Durwood.

0:35

And with that, I will turn it over to Mr.

0:37

Lachenko.

0:40

Good afternoon.

0:42

As the chair mentioned, we do have four requests for us today.

0:46

We have staff from DEP, the planning department, as well as remotely from the Department of Permitting Services in case there's any questions regarding these requests.

0:57

And just one minor correction.

0:58

We don't have one in Durwood, but we do have one in Clarksburg.

1:01

There we go.

1:02

Durwood is in within the sewer envelopes, I hope we don't have too many that appear from that area.

1:08

We do get a lot in the Potomac area, as you know.

1:10

We dealt with a lot in that area, but also the Spencerville area.

1:14

These are areas on the edge of the envelopes.

1:17

So that's where you tend to see these requests.

1:20

And that's what we have today, though, as you said, is quite a variety from throughout the county.

1:25

We do have some slides just to keep us on track today and help us move efficiently.

1:29

So I was planning to go through each one individually and take up questions as we go along, and then the committee can express their position on each request as we go.

1:39

Excellent.

1:40

Let's do that.

1:42

And just some background information.

1:48

Of course, we were finishing up on our budget process and also had to do a uh a public hearing notice for them.

1:57

Uh so we had a held a public hearing on June 30th.

2:00

Uh, we also had uh provided notice to WSSC and the Planning Board.

2:05

Uh the planning board met and discussed these requests on June 25th.

2:10

Uh the committee's discussion is today, and the goal is to turn these around unless there's further complications or issues we have to deal with, so that the council can take action on July 28th.

2:24

Just real briefly on the category change process itself.

2:28

Uh DEP is the responsible department in the county for managing this process.

2:33

Uh the applications uh from the property owners come to DEP, which reviews the requests, uh processes the amendments, uh, coordinates with uh other departments and the outside agencies on any comments and issues regarding them, and then develops recommendations that are then um uh brought through the county executive process for uh the county executive's recommendation.

2:57

Uh DEP does have an administrative process that it does regularly throughout the year for those items that are found to be consistent with the water and sewer plan policies and master plan uh and which uh can therefore be approved.

3:12

Uh, there is not an administrative denial process, so uh denials by their nature uh are recommended for denial by the executive, but come to the council uh for action.

3:22

And the council's um actions can range.

3:26

They could be approval, just a straight approval as as requested.

3:30

It could be a conditional approval, contingent on some other action happening, or it could be a deferral pending further information or a straight denial.

3:41

And just a little bit on the water and sewer plan itself.

3:44

Uh the county is required by state law to comprehensively update the water and sewer plan every three years.

3:50

Um, however, text amendments and category changes like these can be approved at any time uh by the council.

3:57

But it is important to note that whatever the council does approve does have to go to the Maryland Department of the Environment for final action.

4:04

Uh so uh if the council were to act on July 28th, we would then uh transmit that formally to MDE.

4:11

Uh they have a set amount of time uh within state law uh to act, and um if they act to approve something, then that's the final approval.

4:20

Uh if they act to deny, then that then the council approval is is over or over uh overruled by that.

4:30

Um the most recent update was done uh back in 2022, so we are due for a comprehensive update.

4:36

And according to DEP staff, we are expecting to get a comprehensive update this fall.

4:41

Uh so uh depending on the timing of that, uh that uh I mentioned in in one of the requests today uh where council staff recommends deferral.

4:50

The reason is because we have a pretty close time frame for a comprehensive update that could impact that request.

5:00

And then in general, the specific water and sewer plan policies come into play.

5:05

That's what drives a lot of the discussion you'll see with these category change requests.

5:09

So you'll you'll see that repeated throughout these requests.

5:13

What policies apply within the water and sewer plan and what uh what does the master plan have to say about the general um policies for water and sewer in in those areas.

5:23

Uh so ready to dig into the requests themselves.

5:28

Uh the first request.

5:29

This is the one in the Travilla area uh on Piney Meeting House Road in Potomac.

5:35

Uh the slide here has a um uh a picture of the property itself.

5:39

The property itself is vacant.

5:42

Um it's a 1.5 acre RE2 zoned property.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management█████████████████████████████████████████████70%
Engineering And Infrastructure████████████████25%
Procedural███5%
Summary of Proceedings

Transportation and Environment Committee Meeting: Water and Sewer Category Changes - July 14, 2026

The Transportation and Environment Committee met on July 14, 2026, to discuss a resolution approving amendments to the comprehensive water supply and sewage systems plan, specifically four water and sewer category change requests. The committee heard staff presentations, debated policies, and took actions ranging from approval to denial and deferral. The meeting set the stage for the upcoming 10-year comprehensive water and sewer plan update expected in fall 2026.

Discussion Items

1. Piney Meeting House Road (Potomac) – Travilla Area

  • Request: A 1.5-acre vacant RE2-zoned property seeking sewer service for a proposed single-family home. Property is outside the planned sewer envelope and within the Piney Branch Special Protection Area.
  • Staff Position: The executive, planning board, and council staff recommended denial because none of the water/sewer plan policy exceptions applied (no septic failure, no designated sewer service area, no abutting main, no eligibility under Potomac Peripheral Sewer Service Policy due to Protection Area).
  • Discussion: A related property across the street with a failed septic system was deferred in 2024. WSSC studied capacity and confirmed that a 1700-foot extension from the Palatine low-pressure system would be needed but could work. The applicant may also pursue a three-lot subdivision, which would require revisiting the Potomac Peripheral Sewer Service Policy. Councilmember Balk expressed comfort with deferral to align with the 10-year plan and allow the failed-septic property to proceed first.
  • Decision: Deferred pending developments with the adjacent property and the 10-year plan update.

2. Clarksburg Road (Clarksburg)

  • Request: A 5.7-acre RE1-zoned property seeking public sewer service for a proposed 40-bed assisted living facility (for-profit). Property is outside the sewer envelope; sewer could be provided via a 200-foot extension from a townhouse development across the road.
  • Staff Position: The executive recommended denial because no policies (septic failure, abutting main, or private institutional facility policy for nonprofits) applied. The planning board supported approval, citing the need for senior housing. Council staff recommended deferral to avoid repeating MDE’s 2022 rejection of a broader commercial sewer service policy.
  • Discussion: Councilmember noted the property is an odd island surrounded by planned development. The 10-mile Creek Master Plan (2014) intentionally left it out. Committee agreed to defer to the 10-year plan update, where an abutting-main policy for Clarksburg could be considered.
  • Decision: Deferred to the 10-year plan discussion.

3. New Hampshire Avenue (Spencerville) – Seventh-day Adventist Church

  • Request: Three parcels totaling 8.9 acres, zoned RE1 and RC, seeking sewer service for a rebuilt place of worship after a 2024 fire. Sewer is available via an abutting gravity main along New Hampshire Avenue.
  • Staff Position: All parties recommended approval because the abutting main and consistency with the Cloverly Master Plan made the PIF policy unnecessary.
  • Decision: Approved unanimously.

4. Muncaster Mill Road (Upper Rock Creek Area)

  • Request: A 2-acre RE2-zoned property seeking public sewer service for an existing home and additional unpermitted apartment units (subject to separate legal proceedings). Sewer is available from an adjacent property owned by the same applicant but does not abut the subject property.
  • Staff Position: The executive, planning board, and council staff all recommended denial because no policy supported an exception, and the unpermitted structures were not approved.
  • Decision: Denied.

Key Outcomes

  • Piney Meeting House Road (Potomac): Deferred.
  • Clarksburg Road (Clarksburg): Deferred.
  • New Hampshire Avenue (Spencerville): Approved.
  • Muncaster Mill Road (Upper Rock Creek): Denied.
  • The committee directed staff to prepare a draft resolution for the July 28 council action, with deferral language for the first two items. The 10-year comprehensive water and sewer plan update is expected in fall 2026, where broader policy issues (e.g., commercial sewer service, peripheral sewer service policies) will be revisited.

Meeting Transcript

Good afternoon. It is Monday, July 13th. Welcome to the Transportation and Environment Committee. We have one item on the agenda, which is a resolution to approve amendments to the comprehensive water supply and sewage systems plan, water and sewer category change requests. And there are four category change requests. These properties are spread out geographically throughout the county. One's in Potomac, one's in Boyds, one's in Spencerville, and one's in Durwood. And with that, I will turn it over to Mr. Lachenko. Good afternoon. As the chair mentioned, we do have four requests for us today. We have staff from DEP, the planning department, as well as remotely from the Department of Permitting Services in case there's any questions regarding these requests. And just one minor correction. We don't have one in Durwood, but we do have one in Clarksburg. There we go. Durwood is in within the sewer envelopes, I hope we don't have too many that appear from that area. We do get a lot in the Potomac area, as you know. We dealt with a lot in that area, but also the Spencerville area. These are areas on the edge of the envelopes. So that's where you tend to see these requests. And that's what we have today, though, as you said, is quite a variety from throughout the county. We do have some slides just to keep us on track today and help us move efficiently. So I was planning to go through each one individually and take up questions as we go along, and then the committee can express their position on each request as we go. Excellent. Let's do that. And just some background information. Of course, we were finishing up on our budget process and also had to do a uh a public hearing notice for them. Uh so we had a held a public hearing on June 30th. Uh, we also had uh provided notice to WSSC and the Planning Board. Uh the planning board met and discussed these requests on June 25th. Uh the committee's discussion is today, and the goal is to turn these around unless there's further complications or issues we have to deal with, so that the council can take action on July 28th. Just real briefly on the category change process itself. Uh DEP is the responsible department in the county for managing this process. Uh the applications uh from the property owners come to DEP, which reviews the requests, uh processes the amendments, uh, coordinates with uh other departments and the outside agencies on any comments and issues regarding them, and then develops recommendations that are then um uh brought through the county executive process for uh the county executive's recommendation. Uh DEP does have an administrative process that it does regularly throughout the year for those items that are found to be consistent with the water and sewer plan policies and master plan uh and which uh can therefore be approved. Uh, there is not an administrative denial process, so uh denials by their nature uh are recommended for denial by the executive, but come to the council uh for action. And the council's um actions can range. They could be approval, just a straight approval as as requested. It could be a conditional approval, contingent on some other action happening, or it could be a deferral pending further information or a straight denial. And just a little bit on the water and sewer plan itself. Uh the county is required by state law to comprehensively update the water and sewer plan every three years. Um, however, text amendments and category changes like these can be approved at any time uh by the council. But it is important to note that whatever the council does approve does have to go to the Maryland Department of the Environment for final action. Uh so uh if the council were to act on July 28th, we would then uh transmit that formally to MDE. Uh they have a set amount of time uh within state law uh to act, and um if they act to approve something, then that's the final approval. Uh if they act to deny, then that then the council approval is is over or over uh overruled by that. Um the most recent update was done uh back in 2022, so we are due for a comprehensive update. And according to DEP staff, we are expecting to get a comprehensive update this fall. Uh so uh depending on the timing of that, uh that uh I mentioned in in one of the requests today uh where council staff recommends deferral. The reason is because we have a pretty close time frame for a comprehensive update that could impact that request.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com