The Battle for Col H K Douglas Drive: A Civil War Legacy Meets a Modern Power Struggle

Most people driving toward the Hagerstown Walmart or the Prime Outlets don’t give much thought to the name on the green street sign: Col. H K Douglas Drive. But history buffs know the name well. Henry Kyd Douglas was a Confederate staff officer during the Civil War and later served as the Adjutant General for the Maryland National Guard. He was a man who spent his life navigating the high-stakes friction between state power and local defense. And now, it’s only fitting that H K Douglas should once again be part of a battlefield in Maryland.

But unlike previous battles regarding attempts to rename the road due to Douglas serving in the Confederate Army (although he only achieved rank of Colonel after the Civil War), this battle is about land annexation. The 2024 annexation by the City of Hagerstown, involving 40 acres along Colonel Henry K. Douglas Drive, serves as a perfect example of a much larger legislative battle over municipal development control in Maryland, as detailed in recent county and city meetings. The annexed land, which is currently undeveloped and primarily consists of state highway rights-of-way and state agency facilities such as the State Highway Administration and the Motor Vehicle Administration, has drawn legal challenges from Washington County despite its lack of immediate residential impact and minimal expected strain on municipal services. This procedural move by Hagerstown to expand its boundaries has been met with strong opposition from the county in Circuit Court, highlighting a significant point of contention regarding local development authority. Now, the city and county find themselves at odds over legislation in the Maryland General Assembly designed to give the city more control over recently annexed lands.

The core of the dispute lies within Maryland’s existing state law concerning annexations. Under current regulations, when a municipality annexes land, it assumes exclusive control over planning, subdivision, and zoning decisions for that territory. However, a critical provision limits this authority for a period of five years following the annexation. During this window, municipalities are restricted from permitting development that substantially deviates in use or density from the zoning classifications previously established by the county. Any significant alterations to zoning within this five-year period necessitate explicit approval from the county government. In the case of the Colonel Henry K. Douglas Drive annexation, Hagerstown was able to proceed without direct county consent because its zoning classification was deemed substantially similar to the county’s existing classification. Nonetheless, this five-year county oversight presents a significant obstacle for municipalities aiming to implement ambitious development strategies through annexation.

This existing framework is now the subject of proposed legislation, House Bill 99 (HB0099), introduced in the Maryland General Assembly by Delegates Schindler and Fair in January 2026. Schindler is a former Hagerstown City Council member. If enacted, this bill would fundamentally reshape the balance of power concerning zoning authority. The proposed legislation seeks to eliminate the requirement for municipal zoning to align with existing county zoning classifications for a period of five years post-annexation. Instead, HB0099 would empower municipalities to authorize land uses and densities based on the land use recommendations outlined in either the county’s or the municipality’s own Comprehensive Plan.

This proposed change represents a substantial increase in municipal autonomy. Under HB0099, a city could potentially rezone recently annexed property without needing the express permission of the county, provided the proposed zoning is consistent with its own long-term Comprehensive Plan. Such a shift is viewed by county governments with significant concern, as they are keen to maintain their influence over regional growth management. Washington County, in particular, has adopted a firm stance against these proposed legislative changes.

During a public session on February 3, 2026, Washington County Attorney Zachary Kieffer informed the Board of County Commissioners that HB0099 would inappropriately extend municipal authority to rezone newly annexed land. Kieffer noted that a similar bill had been introduced in the previous legislative session, which also faced opposition from the Commissioners. Following this briefing, the Board of County Commissioners, comprising President John F. Barr, Vice-President Jeffrey A. Cline, Commissioner Randal A. Leatherman, and Commissioner Randall E. Wagner, unanimously reached a consensus to formally express their opposition to HB0099.

While Hagerstown’s procedural maneuvering regarding the Colonel Henry K. Douglas Drive annexation may ultimately resolve the local legal dispute (still ongoing under C-21-CV-24-000308), the broader legislative contest over zoning authority is intensifying. Should House Bill 99 successfully navigate the General Assembly, it is scheduled to become effective on October 1, 2026, a date that could mark a significant turning point in the patterns of municipal expansion across Maryland.

More details regarding HB0099 and its surrounding legal battle are available in our DocumentCloud.

Article by Ken Buckler, based upon information from the Maryland State Assembly, City of Hagerstown and Washington County Government.

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