Harford bill aims to reenact development regulations to reduce sediment runoff

Several times in the past few years, the Gunpowder River surrounding Rumsey Island in Joppatowne has turned orange due to sediment runoff from a construction site. As a result, County Councilman Dion Guthrie says it is time to reenact legislation that limits the amount of acreage that can be developed at one time.

If passed, Guthrie’s bill would regulate developers’ ability to remove trees, dirt and other natural resources to 20 acres at a time. The regulation would require each 20-acre increment to be fully developed before grading can begin on the next portion.

By creating this limit, Guthrie, a Joppatowne Democrat, said developers would have more control over the amount of sediment runoff coming from construction sites.

Before 2017, Harford County had a 20-acre grading regulation. The regulation was repealed shortly after the Maryland Department of the Environment decided that local jurisdictions, not the state, should establish their own regulations.

“This bill is probably one of the most important bills this council will look at for the future development of this county,” Guthrie said. “If we want to continue to develop this county in a proper sequence versus what is going on right now, then we need to put the 20-acre regulation back into law.”

Guthrie consistently cited the 388 single-family home development, Ridgely’s Reserve, as the number one contributor to sediment runoff in the area.

Guthrie said before 2022, when work on the development began, the county did not have an issue with waterways turning orange after storms because companies developed 20 acres at a time – not hundreds, as Guthrie claimed Ridglely’s Reserve did.

“We never had a problem like this in the 58 years I have lived here until that development came in,” Guthrie said. “You clear 20 acres at a time, and you can control it, whereas if you clear 100 acres, you can’t control it because it’s a massive amount of land open to drainage.”

Amy DePitro, an engineer who spoke during a County Council public hearing on the bill Tuesday, said t it would not achieve the desired results.

DePitro explained that the previous grading regulation caused delays in development projects, which left the land more vulnerable to runoff and erosion.

“I would encourage you to focus on legislation that focuses on the implementation and management of site construction,” Depitro said.

Other speakers stated that the bill is necessary but needs harsher penalties for violators.

“When you start talking about the fines, it is too late. You’re already in recovery mode,” said John Milano, a Bel Air resident.

Milano suggested that instead of fines, the county should require developers to post bonds that could be pulled, and the money used for remediation.

“No developer wants their bond called because it will add to their continuing cost,” Milano said.

The fines proposed in the bill range from $500 to $5,000. Guthrie said he came up with the amounts by doubling the fines listed in the previously repealed legislation.

Council members discussed the importance of the fines, stating that once soil enters waterways, it eventually settles and becomes a financial burden on the county.

“All of the water has mud in it and that mud is going to sink and sooner or later, we have to dredge it and we are out $1 million while this guy is fined $20,000,” Guthrie said. “It is chump change to him.”

Guthrie noted that he will support any proposed amendment to the bill that would increase the fines for violations.

But council members had other fiscal concerns beside fines.

Councilman Aaron Penman speculated that should developers be forced to develop in increments of 20 acres, project costs might grow, and so would housing costs.

“The developer is not going to eat the cost, it is going to be passed to the consumer,” said Penman, a Forest Hill Republican.  “The cost of living is growing, and people can’t afford homes, and if we add this cost on our community members, it is going to have an impact on economic development in Harford County.”

Consideration of Bill 24-011 has not yet been scheduled by the council.