This evening the Baltimore County Council is scheduled to vote on three bills that have sparked controversy, all centered around potential threats to county farmland and all introduced by Councilman David S. Marks (R, 5th).

The most broad-reaching bill, if approved, would lead to a ballot measure in 2026 asking voters to allow council members to exercise direct control over URDL legislation in their district. Another Marks bill would permit a property owner cited for multiple zoning violations in rural Kingsville to continue to operate his business.

URDL stands for the Urban Rural Demarcation Line that divides the county into “urban” and “rural” categories.

The former encompasses the lower one-third of the county surrounding Baltimore City and allows – and often encourages – high-density development. The upper two-thirds of the county, extending to the Maryland-Pennsylvania Line, preserves farmland and restricts new housing.

The Marks legislation (Bill 19-25) transfers decision-making over URDL changes from the County Planning Board to the council member in whose district the change is located – requiring that person’s affirmative vote before any zoning or density change is made.

The bill has been labeled a stealth measure to restrict low- and middle-income housing and timed to take place after the council expands from seven to nine members in an attempt to increase racial diversity.

At a work session last week, Marks said the legislation is necessary to protect farmland outside the URDL from encroachment by developers and especially by commercial solar power vendors who, he said, are trying to gobble up as much agricultural land as possible.

• Before the Baltimore County Council: A rush job to manipulate future zoning decisions (4/1/25)

Bill 19-25 would essentially codify the practice of “councilmanic courtesy” where members respect the decisions of their colleagues within their own districts.

“All I ask for is that ‘dreadful’ councilman courtesy, which I think is really important because the council member, each of us, is elected by voters to whom we are responsive,” Marks remarked last week.

His bill has four co-sponsors – Marks’ two Republican colleagues, Todd Crandell and Wade Kach, and Democrats Mike Ertel and Izzy Patoka – and two apparent opponents, Democrats Julian E. Jones Jr. and Pat Young, who say the bill is unnecessary and could put too much power in a single politician’s hands.

Significantly, Council Chair Patoka has proposed an amendment that removes the “councilmanic courtesy” portion of the bill. If approved tonight, the bill will be placed on the November 3, 2026 ballot as a charter amendment.

Tree Farmer or Plumber?

Marks’ defense of the rural way of life came under attack by residents who said another of his bills would enable an illegal commercial plumbing business to operate near Gunpowder Falls State Park under the guise of being a Christmas tree farm.

In January, county inspectors slapped BGS LLC, located on Philadelphia Road near Kingsville, with a $3,000 fine for illegally storing contractors’ equipment and using a RC-5 residential home for a business.

The enforcement hearing was delayed – and is currently in limbo – because Bill 16-25, introduced by Marks in mid-February, would allow “certain combinations of Christmas tree farms and plumbing, mechanical and utility companies” on the land.

The Andrews family needs the rezoning, Marks told his colleagues, so that their Christmas tree farm (which contains 1,500 trees, many dead, and 1,000 recently planted seedlings) can expand and thrive.

Ben Andrews said the family’s plumbing company G.A. Mechanical, which employs 23 workers, brings “needed supplemental income” to the farm.

A half dozen neighbors strongly disagreed at the work session.

“This was never a family farm. They’ve been using that to skirt the rules,” said Mickie Kennedy,  whose wife, Cindy Kennedy, complained that the bill “seems written to benefit one family and no one else.”

“They have so much activity there,” added Stephen Bellman, “that at 6 a.m. this morning they woke me up. The trucks with their backup alarms. Crews coming in to get their orders.”

“You live in Kingsville,” Bellman said, turning to Marks. “Is this right?”

“You know what’s right?” Marks shot back. “Trying to preserve a small family farm.”

Lining up Against a Solar Farm

The final Marks bill up for consideration tonight (18-25) would block a solar farm in the final stages of approval from being built by adding language tailor-made to block the project.

The Greater Kingsville Civic Association and a dozen residents vocally endorsed the bill, with many denouncing property owner Robert Persaud as a mercenary businessman and criticized a Brew op-ed that described the bill as a blatant example of spot zoning.

“Don’t force your destructive plans on the community,” one resident told Persaud, while the bill’s co-sponsor, Councilman Wade Kach, asserted that “solar projects are developments” that should be barred outside the URDL.

The facility was due for a final administrative hearing last month before it was derailed by the Marks bill, which is almost certain to pass tonight.

Persaud seemed reconciled to that outcome last week.

“I know it’s really personal. I’ve sat here and listened to the dishonesty argument and the misrepresentations,” he told the council. “I am open to options, and that’s all I have to say.”