Re-Zoning Agricultural Land Conflicts with Washington County’s Right to Farm Ordinance (Opinion)

This article is part of our series of articles regarding the potential impact of the 2040 Comprehensive Plan on residents.

Washington County’s 2040 Comprehensive Plan‘s proposal to rezone agricultural land within 500 feet of creeks to Environmental Conservation contradicts its own Right to Farm Ordinance, which emphasizes the protection and encouragement of agricultural operations. The reclassification could significantly impact farmers who depend on these areas for production, effectively undermining the county’s stated commitment to preserving agricultural activities.

This article was updated 1/13/2025 to clarify that while EC zoning currently allows agricultural use, the concern is that future changes to permitted uses of EC zoning could negatively impact farms.

The purpose of Agricultural (Rural) zoning is to ensure farming activities can thrive on high-quality soils and gentle terrain without being hindered by urban development. The Right to Farm Ordinance reinforces this goal by defending farmers from nuisance complaints and promoting agricultural productivity. Conversely, Environmental Conservation zoning prioritizes the protection of natural resources, including water sources and wildlife habitats, often restricting activities like farming. This shift in zoning opens the potential to place additional burdens on farmers, limiting their operational flexibility and access to valuable land that has historically been used for agriculture.

The rezoning initiative also creates potential conflicts with the Right to Farm Ordinance’s intent to protect agricultural operations from regulatory overreach and support farmers’ contributions to the local economy. The ordinance explicitly seeks to reduce legal and operational obstacles for farmers while promoting coexistence with non-agricultural land uses. Re-zoning agricultural areas as Environmental Conservation could eventually introduce new constraints that could lead to disputes and discourage the use of these lands for farming, contrary to the ordinance’s objectives.

These changes in the proposed 2040 Comprehensive Plan overlook the foundational principles of the Right to Farm Ordinance, which recognizes the economic and cultural value of farming in Washington County. By rezoning land essential to agriculture, the county risks not only reducing its agricultural output but also fostering uncertainty for farmers who rely on long-term stability in zoning policies.

While today Environmental Conservation allows the same agricultural uses as Agricultural Rural, this re-zoning lays the foundation which could be used in the future for more restrictive requirements on existing farmland near creeks.

Washington County will hold a public hearing on Monday, January 13th, at 6 PM regarding the proposed Comprehensive Plan. The hearing will be at the Public Safety Training Center, 18350 Public Safety Pl, Hagerstown, MD 21740. They will also accept public comment until January 31, 2025.

Opinion article by Ken Buckler. All opinions are his own, and do not reflect the opinions of our sponsors or clients. Ken owns land directly affected by the proposed zoning changes.

---