Washington County’s Misleading Language Masks Future Land Use Intentions (Opinion)

Washington County officials are once again using carefully crafted language to push a land use plan that could have serious consequences for property owners. While the county claims the Draft 2040 Comprehensive Plan will not change zoning, the reality is that it lays the groundwork for future restrictions on thousands of acres of land. By reclassifying large portions of Agricultural (Rural) land to Environmental Conservation (EC), the county is setting the stage for tighter regulations that could make it harder for landowners—especially those along creeks and waterways—to use their property as they see fit.

The county insists that the Future Land Use Plan merely provides “guidance” and does not replace existing zoning. But what they fail to acknowledge is that these land use designations serve as precursors to zoning changes, in that the areas will be required to be rezoned to match the land use plan. This then sets creek side land owners only one policy change away from attempts at highly restrictive policies on land usage in the name of “Environmental Conservation.” We’ve seen this pattern before, as Frederick County witnessed with the Monocacy River Board: areas designated for environmental protection eventually become subject to restrictive regulations, whether through zoning amendments, conservation easements, or new land use ordinances. Will the Planning Commission also pay for lawsuits if property rights begin to be taken away during the rezoning process? Washington County’s claim that “zoning will not change” is technically accurate—but it’s also a convenient way to avoid discussing the long-term consequences of this plan, including that the zoning will ultimately change after the plan is approved.

While no immediate zoning changes are being made, Maryland law requires local governments to implement land use plans through zoning laws and other regulatory measures in the future. The county may not be changing zoning today, but they are certainly laying the foundation for it tomorrow. If we don’t fight this land use plan today, trying to fight the zoning changes tomorrow will be too late.

The county’s messaging avoids addressing these concerns and instead focuses on buzzwords like “preservation” and “conservation” to sell the plan to the public. But the truth is that this plan could have real, lasting impacts on property rights in Washington County. Residents should not be misled by the county’s reassurances. Instead, they should take a close look at the Draft 2040 Comprehensive Plan and ask tough questions about what these changes could mean for them in the years to come.

And for those at Washington County Government who felt it necessary to try and claim at the comprehensive plan hearing that my previous articles about this topic is “misinformation”, I advise you go read the relevant Maryland code. Specifically Section 3-303, which specifically calls out that as part of implementation, zoning changes must take place.

Public comment is still being accepted through tomorrow.

Opinion article by Ken Buckler, all opinions are his own, and do not reflect those of our sponsors or clients.

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