Learn how local jurisdiction​s can use zoning ordinances, subdivision regulations, site plans, and building codes to support compatible use and development in their community.

Zoning Ordinances

Zoning is the most fundamental tool that regulates compatible community development in support of protecting military operations. A zoning ordinance establishes regulations for the use of land and development standards within identified zoning districts. The related zoning map identifies properties that fall within different zoning categories. Zoning regulations must be uniform for each class or kind of development throughout each district, but regulations usually differ between districts. Each jurisdiction should maintain a single, official zoning map, a legal document that should be signed, dated, and kept current. This is a legal document that should always be current. Land Use Article, Division I, Title 4. Zoning, of the Maryland Annotated Code outlines zoning authority and requirements for Maryland's non-charter counties and municipalities, while Local Government Article, Division III, Title 10. Express Powers, and Land Use Article, Division II, Title 22. Zoning, do the same for charter/home rule counties and Montgomery and Prince George's Counties, respectively.

Zoning ordinances enacted by jurisdictions around military installations can support compatible use by regulating permitted, conditional, restricted, and prohibited uses complementary to base operations by establishing development standards with which developers must comply. These rules are put in place to protect people, community, and economic assets, including military installations, fostering economic development while sustaining the military mission of an installation.

Subdivision Regulations

Subdivision regulations govern the division of a parcel, or parcels of land, as well as the arrangement of streets, lots, blocks, and public space within a jurisdiction, and may also include additional development requirements. These supplement zoning and subdivision regulations and may include requirements for such things as roads, sidewalks, landscaping, and utilities. Land Use Article, Division I, Title 5. Subdivision of the Maryland Annotated Code outlines subdivision authority and requirements for Maryland's non-charter counties and municipalities.

Subdivision regulations and review can promote compatible land use development in multiple ways. It is common for local governments to require some type of public dedication of open space when approving development plans. As such, it may be beneficial for an installation to work with the local government to lobby for a provision to be added to subdivision regulations that requires the open space to be located nearest the installation boundary to create a buffer. During the subdivision review process, jurisdictions can work with the developer or property owners to arrange streets or other infrastructure in such a manner that enhances (or at least does not interfere with) ingress and egress from a military installation, protects natural resources and sensitive uses supporting the military mission, or ensures the efficient provision of public services such as drinking and wastewater. Subdivision review can also advance anti-terrorism and force protection by limiting buildings near installation entrance gates or other sensitive areas. Jurisdictions should consider including an installation representative with expertise in these areas as part of the subdivision review process.

Site Plans

Local government staff and appointed or elected officials review and consider site plans for conformance with comprehensive plans, zoning, subdivision ordinances, design guidelines, and other development regulations. Zoning and subdivision ordinances establish a framework and the core requirements for land development including building size, mass and height, setbacks, density and lot coverage, lot size, and vehicular and pedestrian circulation. The site plan review process applies such standards and others to the specifics of a particular development project and site. Site features to consider may include topography, sensitive environmental features, available infrastructure, and relationships to neighboring uses, such as military installations. In Maryland, non-charter counties and municipalities, planning commissions, and boards have the power to deny or approve site plans or approve them with conditions. In charter counties, site plan approval authority is established by county ordinance.

During the review of site plans, jurisdictions should consider the impact of the proposed development on an adjacent military installation or facility. This might include the preservation of open space in those areas closest to the installation, situating taller buildings outside of locations that may obstruct mission airspace, or orienting uses and supportive infrastructure in a manner that avoids or minimizes incompatibility. To better inform themselves of how site plans may impact a neighboring installation, local staff and appointed/elected officials should proactively coordinate with military officials to determine criteria and factors used in the site plan review process. This is best accomplished prior to the submission of a site plan to develop standards that can be applied to the review process and communicated to developers, rather than after submission when site plan amendments may be challenging and expensive for developers to implement. However, jurisdictions should also consider referring site plans, in a codified and publicly communicated manner, to installation representatives for feedback during the application review process.

Building Codes

Maryland jurisdictions develop, implement, and enforce building codes through legislation to ensure that buildings and building sites meet minimum standards to ensure public health and safety, design, building performance, and functionality. Building codes include requirements for the structure itself and for essential building elements like electrical and plumbing systems.

Title 12, §12–505, of the Public Safety Article requires that each jurisdiction enforce the current version of the Maryland Building Performance Standards, which are developed by the Maryland Department of Labor's (Labor) Building Codes Administration through modifications to the International Building Code (IBC), International Residential Code (IRC), and International Energy Conservation Code (IECC) to coincide with Maryland law. Maryland jurisdictions may modify the standards to meet local context (such as a nearby military installation) but can only modify the IECC and the Maryland Accessibility Code (MAC-The Accessibility Code) to be more stringent, not less. At a minimum, a jurisdiction shall implement these standards by reviewing plans, issuing building permits, inspecting work, and issuing use and occupancy certificates. County and municipal implementation of these standards varies. Building codes protect not only building occupants but also people and structures that encounter or are adjacent to a site. Labor's website includes more information about local building codes, including contacts.

A common building code requirement used to promote compatible use is noise attenuation. As described in the Guide to Local Ordinance Development, military training operations often generate high decibel noises that may disturb nearby land uses, particularly residential uses, potentially threatening mission readiness. Noise contour studies, such as those that may be included in an AICUZ, and/or zoning districts can identify average decibel levels based on their proximity to an installation. In areas of higher noise impacts, certain uses may be restricted or prohibited. In areas of moderate noise impacts, noise attenuation measures for new construction may be required to limit noise disturbance. While the zoning ordinance will describe the required attenuation measures, enforcement is implemented through the building code and inspection process. Most Maryland jurisdictions employ a code official and/or department that is responsible for conducting inspections to ensure structures are constructed in compliance with the local code. Some counties provide this service for municipalities within their boundaries. For inspections of buildings within a designated noise attenuation area, developers may be required to submit a certification from an acoustical engineer that construction meets the attenuation level described in the ordinance prior to the issuance of a use and/or occupancy permit. For example, Prince George's County's Military Installation Overlay Zone requires that the interiors of all new residential uses within the Noise Intensity Contours be certified to 45 dBA Ldn or less.