Moratorium On New Warehouses Signed Into Law In Harford County

HARFORD COUNTY, MD ? A moratorium on new warehouses in Harford County has been signed into law after the County Council voted 6-1 on the issue.

?Today?s mega-warehouses and distribution centers did not exist when our zoning code was written and it?s critical that we evaluate their potential impacts on our community, economy and natural environment," Harford County Executive Bob Cassilly said previously.

The proposal, as amended, will provide a three-month pause on new warehouses with the possibility of extending it for another three months while the county drafts legislation to update the county code. The original moratorium's language called for a full six-month moratorium.

?I am pleased the County Council has approved my moratorium on mega-warehouses, which will provide a necessary pause as we update our zoning code to properly account for the many unique impacts of these facilities,? Cassilly said.

The planned development Abingdon Business Park calls for constructing more than 2 million square feet of warehouse facilities on 326 acres of forested land, which has caused an outcry among residents. The mixed use business park also would include retail space, restaurants and a hotel.

In 2020, the Chesapeake Bay Foundation filed a lawsuit in Harford County Circuit Court seeking judicial review of the Harford County Department of Planning and Zoning's decision to approve the forest conservation plan for Abingdon Business Park, also known as the Abingdon Woods development. In September 2022, the appeals court ruled that the Chesapeake Bay Foundation could challenge the forest conservation plan in court.

The property in question contains part of the Haha Branch stream, which drains into the Bush River and ultimately the Chesapeake Bay. CBF, together with nearby property owners, contested the department's decision to approve the forest conservation plan because the removal of trees from more than 200 acres could harm water quality and neighboring properties, the lawsuit said.

As part of the planning and zoning department's decision, the developer could remove 49 specimen trees on the property that are old and large, so they filter more water than smaller trees. CBF asked the court to reverse the approval of the forest conservation plan and remand the decision to the zoning department so that the department can ensure that all reasonable site development alternatives are considered to protect water quality.

"Protecting the Chesapeake Bay requires protecting trees and clear-cutting more than 200 acres of forest will pose real risks to nearby waterways and properties. We're asking the court to review this development approval process to make sure Harford County officials fully examined these impacts and considered changes to reduce them. At this point, we don't believe that has been considered," CBF's Staff Litigation Attorney Paul Smail said in a statement issued at the time the lawsuit was filed.

In January 2023, a motion to dismiss a case challenging the forest conservation plan for the Abingdon Woods development, was denied. Paul Smail, the attorney representing plaintiffs Beth Shepard, Amber Kazmerski, Douglas Bonn, Jean Bonn, Cynthia Arthur and the Chesapeake Bay Foundation, told The Aegis the motion denial was a "partial win."

"Since the motion to dismiss was denied, the substance of the matter will be considered by the court. And hopefully we'll get some resolution on these issues we raised," said Smail, the Chesapeake Bay Foundation's director of litigation.

According to a Facebook post from the Save Abingdon Woods coalition, Cassilly entered the courtroom and spoke with one of the attorneys representing the county, after which the request to submit the supplemental pleading was made. The county filed the supplemental pleading Jan. 18; the plaintiffs and the developers have 15 days thereafter to respond.

The Aegis also reported that Bob Cassilly's sister, Veronica Cassilly, was a plaintiff in a case filed last July seeking a temporary restraining order to halt tree cutting at the development site.