Talks Continue on Nurseries Bill
By Pat Piper
(an update follows this original post)
There’s agreement between the Anne Arundel County council and county administrators that nurseries need some legislative help to stay in business. A bill designed to do just that is in the works but how it will be implemented continues to be a topic of discussion and debate.
Bill 57-22 was presented at the June 21 council meeting and had 17 residents appear in person supporting the measure with another 120 emailed submissions.
Bill sponsor and 7th District board member Jessica Haire told the meeting, “The way our definition currently reads is nursery items must be gown onsite or established in the ground. These days, plants are grown in containers, either because they’re sourced from a specialty location or they’re not native to this area.”
There’s no argument from County Director of Government Relations Peter Baron, “We agree with the sponsors of the legislation that we need to simplify our code as it relates to these businesses. Our code is outdated.”
Two local businesses facing legal action by the county were present to urge the council to make change happen, saying their businesses are doing good and providing resources to the communities.
Riva Gardens and Farm Market owner Dave Morehead told the panel, “I’m pretty sure you saw how this little place brought the community together.”
Bay Ridge Nursery owner Lori Alton testified about her first-hand experience with the current rules. “The county gave us a certificate 8 years ago and now they tell us we have the wrong one. We’re doing the same thing.”
The board approved two of the three changes proposed by the county. Talks continue on finding common ground on the third. The county wants clarification on how nurseries use their land, both for zoning inspectors as well as nursery and garden center owners.
At issue is what products fall under principal use, accessory use, storage use, accessory landscape, tree operations and whether all are within established land use parameters. For example, if mulch or decorative stones are stored at the nursery and made available for retail sales to customers, can it also be considered part of landscaping services or is it considered separate? The county wants a 30 percent limit for storage out of concern trucks may move the mulch or stonework for landscaping jobs while in a residential neighborhood.
Deputy Chief Administrator for Land Use Lori Rhodes says the amendment will resolve the enforcement and violation problem faced by inspectors. That will be part of the discussion prior to the next board meeting on July 5.
One person attending the meeting sees it this way: “It’s the clash of regulation and common sense—two things that never really go well together.”
UPDATE:
Nursery Bill Gets a Unanimous “Yes”
By the end of summer, Anne Arundel County nurseries will be allowed to sell plants grown elsewhere. A 7-0 approval by the county council July 18 has sent the measure to County Executive Steuart Pittman’s desk where it is expected to be signed. Once the pen has touched the paper, there’s a 45-day waiting period before Bill 57-22 becomes county law.
When introduced June 21, the county council members had some concerns about the current legislation, but all agreed the law was outdated; the prime example being plants couldn’t be sold if they were brought to a nursery from other locations. That argument was countered by bill-sponsor Jessica Haire saying 90 percent of nurseries across the country sell plants in containers. By the time the vote was held, all seven council members were co-sponsors. It is being considered a much-needed example of negotiation that works.