Port republic residents oppose cliff rule changes

Friday, Nov. 6, 2009

Port Republic residents turned out in force to voice displeasure over proposed changes to the county's environmental regulations at a public hearing Tuesday evening.

The public hearing, jointly held by the Calvert County Board of County Commissioners and Calvert County Planning Commission, was well attended, but mostly by members of the Western Shores community in Port Republic.

Among the proposed amendments were several to the county's critical area map, including additional changes to existing endangered-species sites and preservation categories for cliffs along the Chesapeake Bay. The sites are meant to protect the tiger beetle, a local endangered species that lives within natural cliff erosion, Director of Planning and Zoning Greg Bowen said.

Cliffs along tidal waters are given numbered designations based on their preservation priority. Category 1 cliffs are undeveloped and receive the highest priority, Category 2 cliffs are developed but still require preservation, and remaining cliffs are Category 3.

Each category requires that structures be set back a certain distance from the cliff edge. Structures on higher-category cliffs must be set back further, reducing the need for erosion control projects — like bulkheads — which destroy the tiger beetles' natural habitat. Another benefit and the original purpose of the cliff categories is to reduce the risk of houses being threatened by erosion, Bowen said.

One section of cliffs for which a category change was proposed runs alongside Western Shores. Under the proposal, the northern portion of the cliffs, currently Category 3, would become Category 2.

The change would increase the minimum cliff setback for structures from 100 feet to 200 feet and restrict erosion control projects to existing structures that are in serious danger of erosion.

Most of the amendments have been recommended or mandated by the state. While the county is required to create new and modify endangered-species sites as suggested by the state, it does not have to adopt the cliff category changes, which were also requested by the state.

Ella Ennis, a Western Shores resident, spoke at the hearing and opposed the category change. While she agreed steps should be taken to protect the environment, she deemed the proposed amendments "overly oppressive" and worried that strict language prohibiting the disturbance of the environment could keep her from walking on her yard.

Director of Planning and Zoning Greg Bowen and Principal Environmental Planner David Brownlee pointed out that variances alleviating the cliff-category restrictions could be granted to homeowners.

But Jim Strain, president of the Western Shores Civic Association, worried that variances could be nullified by future officials who deem them improper.

"I would ask that the commissioners take a look at [the proposals] from a reasonable stance as a homeowner," Strain said.

John Felenchak, another Western Shores resident, strongly opposed the category change, saying it was only proposed to protect the tiger beetle, which has gained notoriety for its regulatory effect.

Felenchak also recognized that state legislation, based in large part on the recommendations of the state Critical Area Commission, mandated many of the changes and expressed dismay that residents were not made more aware of the state's proceedings.

"It appears we have a new homeowner's association known as the Critical Area Commission," he said.

Another Western Shores resident spoke about how she needed to get a permit to plant a rose trellis in her yard.

"If it wasn't so pathetic, this would be funny," Commissioner Barbara Stinnett (D) said. "This is the United States of America, and you need a permit for a rose trellis."

Board President Wilson Parran (D) said that the state's reaction to other counties' flippant violations of critical area policy has resulted in ordinary homeowners getting caught in the fold.

Chuck Erskine, president of the Governor's Run Condominium Association, commended a change from Category 1 to Category 2 for a section of cliffs along the Governor's Run community, but expressed regret that the cliffs were not changed to Category 3, as was requested at a previous public forum.

The cliffs were mistakenly given Category 1 designations even though the community was developed, Erskine said, adding that a second mistake had been made in determining the importance and presence of tiger beetles in the community.

Additional proposed amendments include new buffer and intensified mitigation requirements within the critical area and criteria for development of buffer management areas. The proposals come after completion of the county's required periodic review of the critical area program and in response to state regulations and federal wetlands policy.

After receiving all public comment and questioning Bowen and Brownlee about the proposals' implications, the planning commission voted unanimously to keep the record open until 4:30 p.m. on Tuesday, Nov. 10. Comments may be mailed to: Calvert County Dept. of Planning and Zoning, County Services Plaza, 150 Main Street, Prince Frederick, MD 20678, or e-mailed to pz@co.cal.md.us.

jnewman@somdnews.com