Land Rezoning in Maryland

Land rezoning can be a complex process, especially in a state with diverse zoning regulations like Maryland. Whether you’re a property owner, developer, or simply interested in the subject, we’re here to help you understand the intricacies of land rezoning in Maryland. We demystify the process, shedding light on when rezoning becomes necessary, the different types of rezoning, and the role of zoning attorneys. Armed with this knowledge, you’ll be better prepared to approach the rezoning process in Maryland.

When Rezoning Becomes Necessary

Rezoning generally becomes necessary when the zoning within a planning area becomes out of date, or when the current zoning category for an individual property does not allow for a specific proposed development project. Rezoning is not a process undertaken lightly; it often comes into play when there’s a significant shift in the community’s needs or land use priorities. For example, a once-quiet residential area may evolve into a bustling commercial hub, necessitating a change in zoning classification to accommodate new businesses.

Changes in county governing policies can also be a catalyst for rezoning. A new comprehensive plan may be introduced, outlining different land use strategies that require adjustments to existing zoning maps. Similarly, the introduction of a new development plan for infrastructure, such as roads or public facilities, may also trigger the need for rezoning.

Understanding the Rezoning Process in Maryland

The process of land rezoning in Maryland is a multi-step endeavor that requires meticulous attention to detail. For a Comprehensive Rezoning/Sectional Map Process, it involves careful monitoring and advocacy throughout the various phases of the County adoption process.  For a specific property/Local Map Amendment process, it generally starts with assembling a team, identifying the target new zone based on the proposed project, and filing an application, which is then subject to a planning department review.

Public hearings are an integral part of the process, providing a platform for community input and assessment of the proposed rezoning. Following this, the Planning Board issues a recommendation, which is required for the next steps.

Given the complexity of the process, the involvement of an attorney is often indispensable. The process also involves working closely with the Office of Zoning and Administration, culminating in a County Council decision. A written decision is then issued, outlining whether the rezoning request has been approved or denied.

Different counties in Maryland often have differing procedures for rezoning. For example, let’s take a look at the differences between Montgomery and Prince George’s County.

Rezoning in Prince George’s County, Maryland

In Prince George’s County, a piecemeal rezoning—that is, a rezoning of a single property—is known as a Zoning Map Amendment. Depending on the type of Zoning Map Amendment, one of two general processes will apply. Similar to other jurisdictions in Maryland, in order to successfully rezone an individual property to a Euclidean zone, an applicant must prove in most cases that there either has been “a substantial change in the neighborhood” or “there was a mistake in the current sectional map amendment,” which is a process that occurs when a particular group of properties is rezoned together.  

In addition, Prince George’s County allows an applicant to apply for a Planned Development Zoning Map Amendment, which provides flexibility in exchange for certain benefit features and involves a different set of criteria to prove.  A public evidentiary hearing on a Zoning Map Amendment will be held by the Zoning Hearing Examiner, and the County Council, sitting in its capacity as what is referred to as the District Council, will make the final determination on any Zoning Map Amendment.  A person with standing has the ability to challenge the District Council’s decision in court by filing what is known as a petition for judicial review.

Rezoning in Montgomery County, Maryland

In Montgomery County, the zoning category for a property can only be changed in one of four ways:  by District Map Amendment; Sectional Map Amendment; Local Map Amendment; or Corrective Map Amendment.  The review and approval process for Local Map Amendments (individual properties initiated by the property owner) is similar to Prince George’s County.  The County Planning Department reviews an application and makes a recommendation to the Montgomery County Planning Board.   The Planning Board conducts a public hearing to gather input and makes a recommendation to the Hearing Examiner within the County Office of Zoning and Administrative Hearings.  The Hearing Examiner conducts a public hearing and prepares a report and recommendation to the Montgomery County Council, which makes the final decision.

Proposed rezonings to Euclidean zones must prove a change in the character of the neighborhood or a mistake with the existing zoning, whereas rezonings to floating zones are evaluated based on compatibility standards, master plan recommendations, and the public interest.  Montgomery County places a strong emphasis on aligning rezoning requests with its comprehensive plan, ensuring that any changes are in the best interest of the community.

Types of Rezoning in Maryland

In Maryland, rezoning is not a one-size-fits-all process. There are various types of rezoning that can be pursued, each with its own set of requirements and implications. Understanding the different types of rezoning is a necessity for anyone looking to make changes to a property’s zoning classification.

Local Map Amendments

Local Map Amendments are a specific type of rezoning that applies to individual properties. This process can involve either Euclidean zones, which are traditional zoning districts with set regulations, or floating zones, which allow for more flexible land use. The process for Local Map Amendments is typically initiated by the property owner or contract purchaser and focuses on changes that affect each individual property.

Comprehensive Rezoning and Sectional Map Amendments

Comprehensive rezoning is a broader approach that impacts larger areas. This rezoning process is initiated by the County Council and is generally based on Master Plan recommendations. Unlike Local Map Amendments, which are more focused, comprehensive rezoning aims to align zoning classifications with broader land use goals and community needs.

Knowing What Type of Rezoning is Needed

Determining the appropriate type of rezoning for your project often involves a thorough review of the existing zoning classification, the proposed changes, and how those changes align with broader community plans. Consulting with a zoning attorney can provide valuable insights into which type of rezoning would be most suitable for your specific needs.

What Does a Zoning Attorney Do During Rezoning?

The role of a zoning attorney in the rezoning process is multifaceted and often indispensable. A zoning lawyer’s responsibilities should include:

    1. Organization of a team: Assembling a team of experts, such as land planners and engineers, to ensure that the rezoning application is comprehensive and well-supported.
    2. Identification of the correct new zoning category: The proposed new zoning category must be carefully identified in order to meet project objectives.
    3. Preparation of the application: Crafting a detailed application that meets all legal requirements and effectively presents the case for rezoning.
    4. Preparation for public hearings: Strategizing for public hearings, including gathering supporting materials and preparing for potential questions or objections.
    5. Compliance with findings for approval: Ensuring that the rezoning application complies with all the necessary findings and criteria for approval, such as alignment with the comprehensive plan.
    6. Navigation through complex processes: Guiding the client through the intricate steps of the rezoning process, from initial application to final approval, while navigating any challenges that may arise.

Given the complexity of rezoning, the expertise of a zoning attorney is invaluable for successfully navigating the legal and procedural hurdles involved.

Our Zoning Attorneys Are Here to Help With Land Rezoning in Maryland

Navigating the complexities of land rezoning in Maryland can seem like a formidable task, but you don’t have to go it alone. At Lerch, Early, and Brewer, our experienced zoning attorneys are well-versed in the intricacies of Maryland’s rezoning processes. Whether you’re dealing with a Local Map Amendment or a Comprehensive Rezoning, our team can provide the expertise and guidance you need to successfully complete this process.

Don’t leave your rezoning project to chance. The importance of working with an experienced zoning attorney cannot be overstated. Contact us today to ensure that your rezoning process is handled with the utmost professionalism and care.

Success Stories

Clarksburg Premium Outlets

Challenge

A consortium of businesses wished to transform plans for a hospital and medical offices on a 68-acre portion of the Cabin Branch mixed use community in Clarksburg to a 450,000 square foot outlet. The project faced intense resistance from a competing outlet operator, which vigorously opposed the zoning change because they wanted to build a competing center just across the highway. We represented Simon Properties, one of the largest retail property owners/developers in the world.

Strategy

Serving as lead land use counsel, we demonstrated to planning and government officials that this was an important economic opportunity for Montgomery County and Clarksburg. The retail center would bring 1,800 new jobs, and, unusual for an outlet center, would include activity and performance spaces and complete pedestrian and bicycle trails connected to local parks and communities. Issues included revisions to the development plan, securing site plan approvals, road widening, electric power substation issues and the water quality protection.

Result

Ultimately, the project was designated as a Strategic Economic Development Project by the County Executive. We secured all approvals for the first phase of the project, and Clarksburg Premium Outlets opened in 2016.

Starbucks

Challenge

Starbucks wished to redevelop a site in Burtonsville into a new Starbucks restaurant that would include a drive-thru. Before Starbucks retained Lerch Early, the project had become “stuck” in the review process.

Strategy

We identified key decision makers in County government and worked with County leaders of our zoning interpretation and path to approvals. This involved multiple meetings with planning staff and officials, as well as testimony before the Hearing Examiner.

Result

Starbucks received all approvals necessary to redevelop a key strategic location with the Starbucks required amenities.

Elizabeth Square

Challenge

Lerch Early client Lee Development Group had owned property in downtown Silver Spring for more than 50 years that was adjacent to two aging buildings owned by a quasi-governmental housing commission.  The existing uses on all three properties needed renovation or full redevelopment.

Strategy

We led negotiations for a joint development strategy to redevelop the entire block as a quality, high-end mixed-use project, with a high percentage of affordable housing in the project. “High-end” and “affordable” usually don’t go together in commercial real estate; however, this project shows they can. LDG and the Housing Opportunities Commission of Montgomery County together are developing Elizabeth Square, which will include residential housing, including expanding affordable and workforce housing with a large seniors component, along with retail, recreational, health services, and educational facilities. Seeing the opportunity, the County requested to include a new South County Regional Recreation and Aquatic Center in the base of the project.

The project will advance in stages to accommodate the transition of residents from the existing senior living property into a new affordable building with the integrated public services, allowing demolition and replacement of the existing obsolete senior building with another new modern and mixed affordable building. We created a land development agreement allowing the parties to pursue the regulatory approvals, and secured project and subdivision plans for the overall project and site plan approval for the first stage. We developed a condominium structure and air rights lease for the operation of the first new building, and to separate the ownership and operation of the County Recreation Center.

Result

Elizabeth Square gives HOC a revitalized presence in downtown Silver Spring, just blocks from the Metro, keeping seniors in their existing community in a modern, energy-efficient building supported by market rate amenities, including a new Recreation and Aquatic Center for the public in the region.

Wisconsin Place

Challenge

New England Development had a vision of transforming the site of a Hecht’s department store with a sea of surface parking located in the epicenter of Friendship Heights directly above the Metro into one of the first truly mixed-used, transit-oriented developments in Montgomery County. The County was revising the Friendship Heights Sector Plan, and many of the communities surrounding the property were circling the wagons to limit development.

Strategy

New England Development, together with our firm and the May Department Stores Company, adopted an approach radically different from the traditional developer vs NIMBYs wars typifying development at that time. We worked closely with the various major property owners and the Village of Friendship Heights to arrive at a common, integrated proposal for the Friendship Heights Sector Plan that considered the neighborhood as a whole. We then worked closely with planning and government staff and officials through the County Council’s adoption of the Sector Plan. Once the Council adopted the plan, we immediately engaged with the entire Friendship Heights community to create a development proposal that garnered community support rather than opposition. Through many meetings with community leaders, we listened to concerns and desires. For example, a hot ticket item was keeping a sense of community and the need for a recreation center. As a result, through hard work and design efforts, we incorporated a County community center into the project. This effort established significant credibility and good will.

Result

This importance of creating consensus led to an unheard-of level of trust and support between the community and developers. Planning Board members publicly touted this project as a model of successful community outreach. New England Development, Boston Properties, and Archstone secured approvals for Wisconsin Place, which today is a million-plus square foot thriving mixed-use community, featuring more than 300,000 square feet of retail, including a Bloomingdale’s Department Store, office space leased to Microsoft, a 24,000 square foot County community center, and 432 apartments for those who wish to live, work, shop, and dine in a vibrant neighborhood atop the Metro. Since the initial approvals, we have received approval for a number of modifications and amendments, using the same model of a holistic approach coupled with community outreach to attain successful outcomes.

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