After more than a decade of controversy, the owner of a little island at the mouth of the Magothy River has until June 28 to remove a pool and concrete patio to comply with an order to reduce the amount of impervious surface on the property.
Homebuilder Daryl Wagner put a 3,000-square-foot house, replica lighthouse, pool, gazebo, driveway and boat ramp on the island, Little Dobbins Island, after buying it in 2000, without getting proper approvals from the county and in violation of the state’s critical area law, which places special restrictions on development within 1,000 feet of tidal waters in the state.
He sought and received permit approvals retroactively, and the case was litigated for years. In 2014, the Maryland Court of Appeals upheld a decision by regulators allowing Wagner to keep 3,005 square feet of impervious surface, the square footage of a cottage that was on the property before Wagner bought it. That space was enough to keep the house, lighthouse and boat ramp. The rest — 3,325 square feet of impervious surface — had to go.
The county applied to the Critical Area Commission for a Buffer Management Area Designation for the property, which the commission granted in August of 2017, provided the county submit a lot coverage removal plan and a planting plan. The lot coverage removal plan had to include removing a 66-square-foot gazebo, 1,223-square-foot pool, 1,970-square-foot driveway, 152 square feet of sidewalk and 274 square feet covered by two sheds.
The commission required Wagner to replant with a three-to-one ratio, so for the 3,325 square feet of land he disturbed on the island, he needs to replant 9,975 square feet.
On May 20, the county approved the permits necessary to start the demolition work. Planning and Zoning Officer Phil Hager sent a letter to the commission detailing the timeline they say they will hold the property owners to. Removal of patios, pools and well and septic abandonment must be complete by June 28; a new septic area must be installed by July 8; stormwater management must be in place by July 15 and new wetlands must be created by July 22.
Wagner’s attorney Robert Fuoco said the delay in demolition has been caused by various appeals, not a lack of effort by his client.
“Essentially his life has been on hold,” Fuoco said. “Now he can implement changes he has to implement and put this matter behind him.”
Maryland Executive Director for Chesapeake Bay Foundation Alison Prost said the delay could have been caused by staff changes at the Critical Area Commission, in Anne Arundel County, and the case has been litigated so much, everyone wanted to cross every “i” and “t.” She is glad they’ve reached this point, and that the environment will begin to be restored, she said.
Homes in the Chesapeake Bay Critical Area, within 1,000 feet of tidal waters, have special rules to promote sensitive development.
“The whole premise of the critical area law is the idea of preventing death by a thousand cuts,” Prost said.
One more driveway, one more rooftop, all those things add up. Impervious surfaces — homes, driveways and pools included — can hurt the bay because instead of soaking into the ground, rainfall picks up pollutants then runs into the bay.
The Magothy River Association was the first environmental group to get involved with the case, and the organization promised to monitor the site to make sure they are in compliance.
“We are happy that the courts and the county are enforcing the critical area laws,” treasurer Ted Connell said.
