Howard County officials say sharply higher development review fees announced by the independent Soil Conservation District are illegal, previewing a new round in a nearly two-year-old power struggle.
Fees of $80 per disturbed acre for review of soil erosion and sediment control plans were recently approved by the County Council, but the soil district sent builders a letter last week declaring they will begin charging $290 an acre instead, starting July 26.
The move appears to directly challenge the county's right to set the fees, which is the latest dispute in a long struggle between the agency and the Ulman administration.
"We don't believe the district has the legal authority to implement this increase," said county spokesman Kevin Enright, who added that county lawyers are studying the issue, but have taken no immediate action.
In a two-page letter to builders, the district said the new fees will cost about $200 more per house. District manager Robert Ensor said the council-approved fees won't provide enough money to pay the two plan reviewers. He added that the five Soil Conservation District directors "don't believe the county has the authority to set the fees." All new home developments must have their plans reviewed and approved by the agency, which the letter said, "is a unique organization" and "not an agency of either county or state government."
County Executive Ken Ulman sought to save $220,000 a year by ceasing county payments that support the plan reviews and have county engineers do the work instead, but district officials rejected that as a power grab and decided to charge builders fees for their work. The two sides have talked and tussled over the issue since late 2008, and the agency closed briefly last August when money ran out. Builders have complained bitterly about having to pay new fees as they struggle to survive the recession.
Michael Harrison, government affairs officer for the Home Builders Association of Maryland, denounced the district as "a rogue government agency. We feel they should have more accountability," he said.