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On the agenda: La Plata Planning Commission — data center (Oct 6)

Past ⚠ Agenda Watch La Plata, Maryland · Tuesday, October 6, 2026 — 4 days ago

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WhenTuesday, October 6, 2026
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WhereLa Plata, Maryland

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Planning Commission
Regular Meeting
October 6, 2026, 6:00 PM
Council Chambers, La Plata Town Hall
305 Queen Anne St.
La Plata MD
Agenda
1.

Call to Order
1.1. Attendees, please use meeting courtesy. Virtual attendees are asked to mute microphones
when joining the meeting. Participants may be muted by the Town Clerk and meetings will be
recorded.
In accordance with the Open Meetings Act, the public has the right to view/listen to the
discussion only. At their discretion, the Planning Commission may allow participants to voice
questions or provide comments on the topics under discussion. Written comments may be
submitted via e-mail to [email protected]. Members of the public wishing to
address the Planning Commission in person may sign up in advance via the town webpage or
upon arrival at the Council Chamber.

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Meeting ID: 228 255 787 294 15
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(Calendar Year 2026)
1.2. Call to Order
2.

Roll Call and Quorum Verification
2.1. Quorum Verification
2.2. Pledge of Allegiance

Approval or Correction of Minutes
3.1. Approval of minutes from the meeting on September 1, 2026.

Public Hearing

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4.1. Zoning Text Amendment 03-2026 (ZTA 03-2026) Water Conservation Ordinance
Applicant: Town of La Plata, Maryland
Owner: N/A
Project Location: Town-wide
Request: To amend Section 191.48 (Landscaping) of Article V (Development Standards) of the
La Plata Municipal Code and to add new Article XI (Water Conservation), Section 191.98
(Water Conservation and Emergency Restrictions) to establish water-conservation
regulations and guidelines for the Town of La Plata, including water-saving measures for the
installation and maintenance of landscaping.
4.2. Call to Order and Determination of Quorum
4.3. Ex parte Disclosure
4.4. Review of Procedures
4.5. Review of Public Notices
4.6. Review of Sign-In Sheets
4.7. Introduction by Staff
4.8. Presentation by Applicant
4.9. Planning Commission questions or comments
4.10. Public Comment
4.11. Applicants Rebuttal
4.12. Planning Commission Discussion
4.13. Applicant Closing Statement
4.14. Conclusion of the Hearing
When the hearing is concluded, the Board will not hear further comments or questions during
the meeting.
4.15. Decision: Close the Record or Keep the Record Open
4.16. Vote by Planning Commission
5.

Public Comment

Old Business

New Business

Staff Reports

Member Comments

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10. Adjournment

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TOWN OF LA PLATA
Planning Commission Minutes
September 1, 2026, 6:00 PM
Regular Meeting
Council Chambers, La Plata Town Hall
305 Queen Anne St.
La Plata MD
PRESENT:

Chair Dawn Banks
Vice Chair Jill Hudnell
Councilman Paul Guttenberg
Kyle Miller
Emily Whale

ABSENT:

Benjamin Ford

TOWN STAFF:

Don Dooley, Director of Planning
Kelly Phipps, Director of Legislative Services

GUESTS:

Jeannine James, Mayor (virtual)
Tyjon Johnson, Councilman, Ward 4 (virtual)

Join the meeting now
Meeting ID: 228 255 787 294 15
Passcode: t729yv36

(Calendar Year 2026)
1.2. Call to Order

Chair Banks called the meeting to order at 6:00 PM.
2.

Roll Call

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2.1. Quorum Verification
The Director of Legislative Services conducted a roll call and quorum verification.
2.2. Pledge of Allegiance
Commissioner Whale led all assembled in the Pledge of Allegiance.
3.

Approval or Correction of Minutes
3.1. Approval of minutes from the meeting on August 5, 2026.
Whale moved to approve the minutes as presented.
Moved by: Emily Whale, seconded by Jill Hudnell.
Ayes: Chair Banks, Vice Chair Hudnell, Councilman Guttenberg, Whale
Nays: None
Abstained: Kyle Miller
Absent: Ford
Passed

Ex Parte Disclosure
The Planning Commission members reported no ex parte disclosures.

Public Comment

No public speakers were present at this meeting.
6.

Old Business
6.1. Zoning Text Amendment 03-2026 (ZTA 03-2026) Water Conservation Ordinance
Director Dooley conducted a brief overview of the proposed Zoning Text Amendment (ZTA 032026), including commentary from the members of the Planning Commission and revisions of the
draft ordinance as proposed by the subcommittee. Director Dooley answered questions from the
Planning Commission and cited next steps for the proposed Zoning Text Amendment would be to
incorporate final changes and conduct a public hearing in October.
Councilman Guttenberg moved to bring Zoning Text Amendment (ZTA 03-2026) forward to a public
hearing in October, including revisions requested by the Planning Commission.
Moved By: Paul Guttenberg, seconded by Jill Hudnell.
Ayes: Chair Banks, Vice Chair Hudnell, Councilman Guttenberg, Miller, Whale
Nays: None
Abstained: None
Absent: Ford
Passed

New Business
No new business was addressed in this agenda item.

Staff Reports
No additional staff report was given.

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Member Comments

10. Adjourn
Chair Banks adjourned the meeting at 7:37 PM.

Submitted by:
_____________________________________
Shelby Pritchett, Town Clerk

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TOWN OF LA PLATA
305 Queen Anne Street
Post Office Box 2268
La Plata, Maryland 20646
PLANNING COMMISSION STAFF REPORT
DATE: October 6, 2026
TO: Honorable Chair and Members of the Planning Commission
FROM: Don Dooley, Planning Director
PREPARED BY: Don Dooley, Planning Director
APPLICATON NO.: Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
APPLICANT: Town of La Plata, Maryland
OWNER: N/A
PROJECT LOCATION: Town-wide
REQUEST: To add Article XI (Water Conservation and Emergency Restrictions) to
Chapter 191 (Zoning) of the La Plata Municipal Code for the purpose of
providing regulatory provisions for water conservation measures and
emergency restrictions on water use as well as to amend Chapter 191-48
(Landscaping) of the La Plata Municipal Code for the purpose of facilitating
water conservation measures related to the installation of new landscaping
for residential and non-residential developments.
BACKGROUND
On April 28, 2026, the Town Council voted to ordain (adopt) the zoning text amendments
recommended by the Planning Commission on April 7, 2026, under Zoning Text
Amendment 01-2026 for the purpose of establishing provisions for adequate public
facilities, including water. Staff believes it is now appropriate to consider developing a
complementary ordinance addressing water conservation use, particularly in a State
declared drought.
Staff presented the Town Council with a conceptual draft of the ordinance for their initial
feedback during their regularly scheduled meeting of April 28, 2026. The Council
expressed interest in the draft Water Conservation Ordinance and directed it to be
formally reviewed by the Planning Commission for a recommendation to the Town
Council.

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

The initial draft ordinance is now being presented to the Planning Commission under
Zoning Text Amendment 03-2026.
Planning Commission Meeting of June 2, 2026
At the Planning Commission Meeting of June 2, 2026, the Commission concurred with
staff that the development of water-conservation standards are not intended to be
intrusive or detrimental to residents’ quality of life, nor are they meant to introduce
measures that are impractical to implement. Rather, the Commission seeks to promote
reasonable and effective practices that support the Town’s long-term water sustainability
goals. In particular, the Commission recognizes the importance of responsible water use
to help La Plata remain within its allocation limits established by the Maryland Department
of the Environment, especially during periods of drought when conservation becomes
most critical. Therefore, careful development of a water conservation ordinance is
imperative.
To give the Commission time to conduct their own research on potential water
conservation measures that may be appropriate for the Town of La Plata, the Commission
voted to continue Zoning Text Amendment (ZTA) 03-2026 to their regularly scheduled
meeting of July 7, 2026. The continuance enabled the Commission to engage in a more
informed and robust discussion on water-conservation issues and measures. Based on
the Commission’s collective feedback, a Planning Commission Subcommittee was
anticipated to be organized to work with Town staff on further developing the nascent
water conservation text proposed in Zoning Text Amendment (ZTA) 03-2026.
Planning Commission Meeting of July 7, 2026
During the Planning Commission Meeting of July 7, 2026, the Commission provided
broad comments concerning the draft Water Conservation Ordinance. Collectively, the
Commission agreed that such an ordinance was an appropriate tool to help facilitate the
management of water in the Town as it is a shared resource for all residents and business
alike. The Commission also noted that the draft Water Conservation Ordinance should
be reasonable, logical, and not punitive. It should also align with State policies for water
conservation, particularly during declared droughts.
During the meeting, the Commission appointed Commissioners Whale and Ford to a
Planning Commission subcommittee to work with staff on fine-tuning the draft ordinance
to align with the Commission’s general feedback.
Planning Commission Subcommittee Activity
On July 30, 2026, and August 13, 2026, the Planning Commission Subcommittee
(“Subcommittee”) met with staff to more closely evaluate and refine the text of the draft
ordinance to align with the Commission’s broad comments.

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

In summary, the Subcommittee agreed that the draft ordinance should more closely
reflect the State’s Level One Mandatory Water Use Restrictions which are used when a
drought emergency is officially declared by the State. Therefore, the draft ordinance was
revised to align with State policy to ensure consistency and to avoid potential conflicts.
The Subcommittee also added a more thorough process that allows property owners to
request exemptions from the provisions of the draft ordinance if they believe those
provisions create an undue hardship on them. Exemption requests would be submitted
to the Town’s Chief Executive Officer (or Town Manager) for a decision. All decisions
made by the Town Manager can also be appealed to the Town’s Board of Appeals. This
process is intended to ensure that the draft ordinance does not inadvertently harm
residents or businesses that have essential water needs or unusual circumstances that
are not generally shared with the broader community. In doing so, it creates a check and
balance system to make the draft ordinance more pragmatic and fair.
Planning Commission Meeting of September 1, 2026
At the September 1, 2026, Planning Commission Meeting, the Commission reviewed the
draft revisions proffered by the Subcommittee pertaining Chapter 191 (Zoning), Section
191.48 – “Landscaping” and proposed Article XI, Section 191.98 (Zoning) – “Water
Conservation and Emergency Restrictions” under Zoning Text Amendment 03-2026. The
Commission subsequently directed staff to make further revisions to the draft ordinance
as summarized below. With these revisions, the Commission directed staff to schedule a
public hearing on Zoning Text Amendment (ZTA) 03-2026 for its regularly scheduled
meeting of October 6, 2026.
Commission Directed Changes
Section 191.48 – Landscaping
1) Amend §191-48 (C)(4) to state: "Ground cover or plantings complying with the turf
minimization and native species standards of Subsection B 191-48(B) shall be
provided for all interior and perimeter planting spaces in order to completely fill each
island, peninsula or median."
2) Amend §191-48 (D)(3) to state: “Dead plant material shall be removed and replaced
during the next appropriate planting season following the rescission of any active
Water Conservation Alert.”
3) Amend Table 16, Footnote 2 to state: "If appropriate, two (2) native ornamental trees
meeting the requirements of Subsection 191-48 (B)(1) may be substituted for one (1)
shade tree."

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

Proposed Chapter 191 (Zoning Regulations), Article XI (Water Conservation),
Section 191.98 – Water Conservation and Emergency Restrictions
A. Purpose, Applicability, and Definitions.
1) Strike the entire bulletized list from Section 191.98(A)(3)(a)(iii) (Water Conservation
and Emergency Restrictions).
B. Declaration and Rescission of Water Conservation Alert.
2) Amend §191.98(B)(1) to state: "Whenever the Town's total daily water production
reaches ninety percent (90%) of its daily permitted capacity for three (3) consecutive
days, or during periods of an officially declared State drought emergency, the Chief
Executive Officer (Town Manager) is authorized to declare a Water Conservation
Alert."
C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert.
3) Amend §191.98(C)(1) to state: "Outdoor irrigation of lawns and landscape areas shall
occur on an odd/even schedule based on the last digit of the property’s street address
(odd-numbered addresses on odd calendar days; even-numbered addresses on even
calendar days). For Common open-space parcels, Home Owners Association (HOA)
greenways, median strips, or properties without a standard numerical street address
the Town Manager or designee shall administratively designate an odd or even
watering schedule.” may be watered on even numbered calendar days unless the
Town Manager or designee determines otherwise during a declared water
conservation alert. [The strike-throughs represents the original language proffered by
the Commission].
4) Amend §191.98.C(3)(a) to state: "To maintain newly seeded, sodded, or vegetated
areas for a period not to exceed thirty (30) days from the date of installation, provided
that the landscaping complies with the drought-tolerant standards of §191-48(B)."
5) Amend §191.98(C)(4) to state: "Use of sprinklers and other automatic watering
devices utilizing potable Town water are prohibited for purposes of irrigation, watering
of gardens, landscaped areas, lawns, trees, shrubs, and other outdoor plants with the
following exceptions:"
D. Non-Essential Water Use Prohibition Under a Water Conservation Alert.
6) Amend §191.98(D)(2)(a) to state: “Commercial car wash facilities shall reduce total
potable water use by ten percent (10%) during a Water Conservation Alert. Facilities
utilizing certified high efficiency water reclamation systems that recycle a minimum of
seventy percent (70%) of wash water shall be deemed compliant with this reduction

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

requirement, provided that proof of system certification and operational maintenance
records are submitted to the Town upon request. Non-recycling commercial car wash
facilities must submit and execute an approved operational plan demonstrating the
required ten percent (10%) reduction in overall potable water consumption.”
E. Recreational and Decorative Water Use Under a Water Conservation Alert.
7) Amend §191.98(E)(1) to state: "Filling or refilling swimming pools or hot tubs is
prohibited. Topping off any pool, including private single-family residential pools, HOA
pools, and public or commercial pools with the minimal volume necessary to maintain
pump circulation and protect equipment is permitted. Operators of HOA amenity,
public, or commercial pools shall provide written notice to the Town prior to performing
major volume maintenance."
G. Large-Volume Commercial, Industrial, and Institutional Users Under a Water
Conservation Alert.
8) Amend § 191.98.G(3) to state that: "When a Designated Large Volume User fails to
meet their required water reduction during a billing cycle or monitoring period under a
declared Water Conservation Alert, the Chief Executive Officer (Town Manager) shall
issue a written Notice of Non-Compliance. Within fifteen (15) calendar days of receipt
of said notice, the user shall submit a proposed Water Conservation Plan to achieve
at least a ten percent (10%) reduction to the Town Manager. The Town Manager shall
approve, approve with conditions, or reject the plan within ten (10) business days of
receipt. Upon approval, the user shall implement the plan immediately.”
I. Relationship with Alternative Systems.
9) Amend §191.98(I)(1) to state: "Installation and use of graywater, reclaimed water, or
stormwater capture systems for non-potable uses is permitted subject to all applicable
state and local plumbing and health standards. Irrigation utilizing verified non-potable
alternative systems shall be exempt from the outdoor watering restrictions of Section
191.98(C), provided that application complies with state health regulations and does
not utilize potable municipal water."
K. Enforcement; Penalties.
10) Amend §191.98(K)(1) to state: “For a first observed violation, the Town shall issue a
written Warning Notice providing forty-eight (48) hours to cure resolve the noncompliant condition.”
11) Amend §191.98(K)(4) to state: “If the violation is not cured resolved within the warning
period, municipal infraction fines may be imposed pursuant to §186 22 on a tiered
basis."

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

M. Water Hardship Exemption Application
12) Amend §191.98.M(3) to state that: "If the exemption is denied by the Chief Executive
Officer, the applicant may appeal the administrative record, and those required
findings from Section 191-98(M)(2)(b) to the Board of Appeals within ten (10) calendar
days pursuant to Section 191-60(D). Provided, however, that no hardship exemption
granted by the Chief Executive Officer Town Manager or Board of Appeals shall
operate to relieve any water user from mandatory restrictions ordered by the Maryland
Department of the Environment (MDE) during a declared State Drought Emergency."
[Note: “and those required findings from Section 191-98(M)(2)(b)” was added by staff
to clarify the mandatory findings for the Board of Appeals. Staff also deleted “Town
Manager” and replaced it with “Chief Executive Officer” for consistency].
DISCUSSION
Staff finds that the Planning Commission’s recommended revisions further enhance both
the clarity and functionality of the draft language in Zoning Text Amendment 03-2026.
The Town Attorney has also reviewed the proposed language and determined that it is
legally sufficient and defensible. Therefore, staff does not recommend any supplemental
changes unless desired by the Commission.
It is also important to note that, as of this writing, staff has not received any public
comments on Zoning Text Amendment 03-2026, despite the published public hearing
notice and the recent article in the Town’s community newsletter highlighting La Plata’s
efforts to establish a water conservation ordinance.
RECOMMENDATION
If no adverse public comments are received on Zoning Text Amendment (ZTA) 03-2026
and the Commission is satisfied with the current draft language, staff recommends that
the Planning Commission adopt the attached, draft, resolution recommending Town
Council approval of Zoning Text Amendment (ZTA) 03-2026 as presented.
ATTACHMENTS
1) Draft Planning Commission Resolution for Zoning Text Amendment (ZTA) 03-2026
2) Draft (Clean Version) Text Amendment to Chapter 191 (Zoning) Section 191-48
(Landscaping)
3) Draft (Redline Version) Text Amendment to Chapter 191 (Zoning) Section 191-48
(Landscaping)
4) Draft (Clean Version) Text Amendments to Chapter 191 (New Article XI. – Water
Conservation
5) Draft (Clean Version) Text Amendments to Chapter 191 (New Article XI. – Water

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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of October 6, 2026

Conservation
6) Planning Commission Staff Report for June 2, 2026.
7) Planning Commission Staff Report for July 7, 2026
8) Planning Commission Staff Report for September 21, 2026
9) Maryland Department of the Environment Level One Mandatory Water Use
Restrictions Sheet.
10) Council Member Guttenberg’s Comments on Draft Article XI and Section 191-48
Received on September 1, 2026, for Zoning Text Amendment (ZTA) 03-2026.

--END--

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DRAFT
TOWN OF LA PLATA, MARYLAND
PLANNING COMMISSION RESOLUTION NO. 2026-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE
TOWN OF LA PLATA, MARYLAND, RECOMMENDING TOWN
COUNCIL APPROVAL OF ZONING TEXT AMENDMENT (ZTA)
03-2026 TO AMEND SECTION 191.48 (LANDSCAPING) OF
ARTICLE V (DEVELOPMENT STANDARDS) OF THE LA
PLATA MUNICIPAL CODE AND TO ADD NEW ARTICLE XI
(WATER CONSERVATION), SECTION 191.98 (WATER
CONSERVATION AND EMERGENCY RESTRICTIONS) TO
ESTABLISH WATER‑CONSERVATION REGULATIONS AND
GUIDELINES FOR THE TOWN OF LA PLATA, INCLUDING
WATER SAVING MEASURES FOR THE INSTALLATION AND
MAINTENANCE OF LANDSCAPING.
WHEREAS, an application for Zoning Text Amendment (ZTA) 03-2026 was
initiated by the Town of La Plata for the purpose of amending Section 191.48
(Landscaping) of Article V (Development Standards) of the La Plata Municipal Code and
to add new Article XI (Water Conservation), Section 191.98 (Water Conservation and
Emergency Restrictions) to establish water‑conservation regulations and guidelines for
the Town of La Plata, including water saving measures for the installation and
maintenance of landscaping; and
WHEREAS, the proposed text amendments apply Town-wide to all zoning
districts; and
WHEREAS, the Town Attorney has reviewed the proposed ordinance revisions and
has determined that the draft amendments are legally sufficient as drafted; and
WHEREAS, the Planning Commission evaluated proposed Zoning Text
Amendment 03-2026 at their regularly scheduled meetings of June 2, 2026, July 7, 2026,
and September 1, 2026, before conducting a duly noticed public hearing on Zoning Text
Amendment (ZTA) 03-2026 on October 6, 2026, during which time the Commission
received public testimony and reviewed all documents and information concerning the
proposed text amendment before closing the public hearing; and
WHEREAS, after reviewing and considering the entire public record concerning
proposed Zoning Text Amendment (ZTA) 03-2026, the Planning Commission makes the
following Comprehensive Plan finding:
1) GOAL #11: Ensure that the future water supply needs of the Town can be met while
preserving the long-term sustainability of shared groundwater resources in that, proposed
Zoning Text Amendment 03‑2026 supports the Town’s goal of ensuring that future water
supply needs can be managed in conjunction with preserving the long‑term sustainability
1

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DRAFT Planning Commission Resolution No. 2026-____
October 6, 2026
Zoning Text Amendment (ZTA) 03-2026
of shared groundwater resources. Specifically, the text amendments introduce measures
through the proposed Water Conservation Ordinance and amended Landscape
Ordinance establishing clearer expectations for responsible water use and management
based on State drought water policies. Together, these new and amended ordinance
provisions will help the Town maintain adequate water supplies and improve resilience
during periods of drought.
NOW, THEREFORE, BE IT RESOLVED, that the La Plata Planning Commission
hereby recommends that the Town Council ordain (approve) the zoning text changes in
Zoning Text Amendment (ZTA) 03-2026, as incorporated herein by reference and
attached to this Resolution.
PASSED AND ADOPTED BY THE LA PLATA PLANNING COMMISSION on October
6, 2026, by the following vote:
Yes:
No:
Abstain:
Absent:

_________________________________
Dawn Banks, Planning Commission Chair
ATTEST:

__________________________
Don Dooley, Director of Planning

Attachments:
1) Draft (Redline) Text Amendments to Section 191.48 (Landscaping) and proposed
Article XI (Water Conservation), Section 191.98 (Water Conservation and Emergency
Restrictions)

2|Page

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Sec. 191-48. Landscaping.
A. Purpose. The following standards are intended to promote the health, safety and
general welfare of the public while conserving natural resources and creating a more
attractive community. These standards shall apply to all new residential and nonresidential developments that are subject to the approval of a major or minor site
plan, a major or minor preliminary plat map approval or the replacement of any onsite landscaping for a specific area on a property.
B.

To accomplish the purposes of this section plant materials shall conform to the
following:
1.

Plant Selection. All proposed tree and plant materials shall be selected for
energy efficiency, drought tolerance, adaptability, relationship to the
environment, habitat value, color, form and pattern, ability to provide shade, soil
retention, and fire resistance. All native plants selected for use shall be those
listed by the United States Fish and Wildlife Service for the piedmont or coastal
plain areas of Maryland, as well as those listed by the Maryland Department of
Agriculture and are drought-tolerant species most appropriate for the
Chesapeake Bay Tributary.

Turf minimization. High water use turf species, such as conventional cool season
grasses requiring routine irrigation, shall be limited to functional, regularly used
recreation areas including playfields or active gathering spaces. All other lawn
areas shall utilize drought tolerant or low water use turf varieties, or may be
replaced with native or drought tolerant groundcovers, meadows, or other
vegetative alternatives that reduce long term irrigation needs.

Soil preparation. Prior to planting, planting beds and turf areas shall receive soil
preparation consistent with industry standards (e.g., compost amendments and
soil conditioning) to improve water retention and plant health.

Mulch. Planting beds shall include sufficient mulch to reduce evaporation.

Irrigation efficiency. Permanent irrigation systems, where proposed, shall
include rain shutoff sensors and be designed to prevent overspray and runoff
onto sidewalks, driveways, streets, or other hard surfaces.

Submittals. All required landscape plans shall identify species, irrigation
components (if any), and soil preparation methods and shall demonstrate
compliance with this subsection.

Landscape Placement. Tree and plant materials shall not be located such
that, at maturity:
a.

They interfere with safe sight distances for vehicular, bicycle or pedestrian
traffic; or

Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
Page 1 of 5

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They conflict with overhead or underground utility lines, overhead lights, or
walkway lights.

C. Parking lot landscaping.
1.

Shading of parking lots shall be required as a means of remediating the harsh
environment created by excessive hard surface paving. Shading, spacing and
quantity requirements shall be designed to accentuate the tree plantings in
relationship to the movement of the sun to cast shade over the parking during
the longest period of a day.

The distance between shade trees is dependent upon class, size of tree and
extent of tree canopy; as well as time of day or year and, angle and azimuth of
the sun. Tree classes shall be in accordance with the street tree factsheets
(Gerhold, 1993) and as defined below:

Class A: Trees that reach over forty-five (45) feet in height at maturity are
discouraged within the interior of a parking lot but may be used on the
perimeter. Minimum spacing for class A trees used for shading should be
forty (40) feet apart on center.

Class B: Trees that reach thirty (30) feet to forty-five (45) feet in height at
maturity. Class B trees with a small root system are better used on the
interior of a parking lot to produce a shade canopy. Class B trees should
have a minimum spacing of twenty (20) feet apart on center and a
maximum of thirty (30) feet on center.

Class C: Trees that are thirty (30) feet or less in height at maturity and
may be effectively used within parking lot interiors, but will not cast
sufficient shade so should not be used for shading. Class C trees should
have a minimum spacing of ten (10) feet apart on center.

Landscaped islands, peninsulas and medians must be matched to tree class.
The size of the planting space must be matched to the potential Critical Root
Zone (CRZ) of the tree species to be planted. Therefore, there are created two
(2) allowable classes of parking lot planting areas as seen below.
a.

Dimensions of landscaped islands or peninsulas shall be as follows:
(1) Class A: Shall be a minimum of eight (8) feet in width in order to be
planted with class A trees.
(2) Class B: Shall be six (6) feet in width in order to be planted with class
B trees.
(3) Class C: Shall be four (4) to six (6) feet in width in order to be planted
with class C tree.

Dimensions of landscaped medians shall be as follows:
(1) Class A: Shall be ten (10) feet in width and may be planted with any
class tree.
Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
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(2) Class B: Shall be eight (8) feet in width and may be planted with any
class B and class C trees.
(3) Class C: Shall be six (6) feet in width and may be planted with only
class C tree.
4.

Ground cover or plantings complying with the turf minimization and native
species standards of Subsection 191-48(B) shall be provided for all interior and
perimeter planting spaces to completely fill each island, peninsula or median.

Interior parking area landscaping.
a.

The internal area of any surface parking facility must be landscaped,
according to the following standards.
(1) Trees shall be planted within the interior of the parking areas at the
rate of one (1) class A or two (2) class B trees as shown in table 15
below.
Table 15

NUMBER OF PARKING SPACES
REQUIRED

MINIMUM PERCENT OF
LANDSCAPING REQUIRED

NUMBER AND CLASS OF TREE
REQUIRED

12 SPACES OR LESS

NO INTERIOR TREES REQUIRED

13-25 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER FOURTEEN (14) SPACES

26-75 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER TWELVE (12) SPACES

76-100 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER TEN (10) SPACES

101+ SPACES

10%

ONE (1) CLASS A OR TWO (2) CLASS
B PER EIGHT (8) SPACES

Perimeter parking area landscaping.
a.

All landscaping around the perimeter of a parking area shall provide a mix
of class A, B and C trees, and ground cover plantings in accordance with
this section.

The perimeter of any surface parking facility must be landscaped,
according to the standards shown in table 16 below.

Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
Page 3 of 5

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Page 19 of 72

Table 16
PROPOSED
PARKING LOT SIDE
ADJACENT TO, OR
ABUTTING

MINIMUM
REQUIRED
PERIMETER
LANDSCAPE WIDTH

REQUIRED TREES²

REQUIRED SHRUBS³

REQUIRED FENCE

PUBLIC RIGHT-OFWAY

TEN (10) FEET

ONE (1) CLASS A OR
TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

RESIDENTIALLY
ZONED PROPERTY

TEN (10) FEET

ONE (1) CLASS A OR
TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

6 FOOT TALL SOLID
FENCE OR WALL

PARKING LOT¹

EIGHT (8) FEET

TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

ALL OTHER
PARKING LOT
PERIMETER AREAS

EIGHT (8) FEET

TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

¹ NO PERIMETER LANDSCAPING IS REQUIRED WHEN A PROPOSED PARKING LOT IS ADJACENT TO AN EXISTING
REQUIRED BUFFER YARD PER §191-62 OR IF AN EIGHT (8) FOOT PERIMETER LANDSCAPED AREA IS EXISTING.
² IF APPROPRIATE, TWO (2) NATIVE ORNAMENTAL TREES MEETING THE REQUIREMENTS OF SUBSECTION 19148(B)(1) MAY BE SUBSTITUTED FOR ONE (1) SHADE TREE.
³ A LANDSCAPED BERM OR WALL THAT IS A MINIMUM OF THREE (3) FEET IN HEIGHT MAY REDUCE THE
REQUIRED SHRUBS BY FIFTY PERCENT (50%).

D. Maintenance.
1.

The owner of the property shall be responsible for proper maintenance of the
landscape.

As used in this section, "maintenance" includes watering; fertilizing; litter
removal; weeding; pruning; trimming; insect, disease, rodent, and weed
control; and replacement of plant materials as needed to preserve the health
and appearance of the plantings.

Dead plant material shall be removed and replaced during the next appropriate
planting season following the rescission of any active Water Conservation Alert.

A note shall be placed on all site plans stating the above requirement.
Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
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Page 20 of 72

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
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Sec. 191-48. Landscaping.

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A. Purpose. The following standards are intended to promote the health, safety and
general welfare of the public while conserving natural resources and creating a more
attractive community. These standards shall apply to all new residential and nonresidential developments that are subject to the approval of a major or minor site
plan, a major or minor preliminary plat map approval or the replacement of any onsite landscaping for a specific area on a property.

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To accomplish the purposes of this section plant materials shall conform to the
following:

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Plant Selection. All proposed tree and plant materials shall be designed selected
for energy efficiency, drought tolerance, adaptability, relationship to the
environment, habitat value, color, form and pattern, ability to provide shade, soil
retention, and fire resistance resistance. and shall be a species native to the
Chesapeake Bay Tributary. All native plants selected for use shall be those listed
by the United States Fish and Wildlife Service for the piedmont or coastal plain
areas of Maryland, as well as those listed by the Maryland Department of
Agriculture and are drought-tolerant species most appropriate for the
Chesapeake Bay Tributary.

Mulch. Planting beds shall include sufficient mulch to reduce evaporation.

Submittals. All required landscape plans shall identify species, irrigation
components (if any), and soil preparation methods and shall demonstrate
compliance with this subsection.

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2. 7. Landscape Placement. Tree and Plant plant materials shall not be located
such that, at maturity:

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They interfere with safe sight distances for vehicular, bicycle or pedestrian
traffic; or

They conflict with overhead or underground utility lines, overhead lights, or
walkway lights.

C. Parking lot landscaping.
1.

Dimensions of landscaped medians shall be as follows:
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(1) Class A: Shall be ten (10) feet in width and may be planted with any
class tree.
(2) Class B: Shall be eight (8) feet in width and may be planted with any
class B and class C trees.
(3) Class C: Shall be six (6) feet in width and may be planted with only
class C tree.
4.

Ground cover or plantings shall be provided for all interior and perimeter
planting spaces in order to completely fill each island, peninsula or median.
Ground cover or plantings complying with the turf minimization and native
species standards of Subsection 191-48(B) shall be provided for all interior and
perimeter planting spaces to completely ﬁll each island, peninsula or median.

Interior parking area landscaping.
a.

Formatted: Font: (Default) Arial, 12 pt

NUMBER OF PARKING SPACES
REQUIRED

MINIMUM PERCENT OF
LANDSCAPING REQUIRED

12 SPACES OR LESS

NO INTERIOR TREES REQUIRED

13-25 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER FOURTEEN (14) SPACES

26-75 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER TWELVE (12) SPACES

76-100 SPACES

ONE (1) CLASS A OR TWO (2) CLASS
B PER TEN (10) SPACES

101+ SPACES

10%

ONE (1) CLASS A OR TWO (2) CLASS
B PER EIGHT (8) SPACES

NUMBER AND CLASS OF TREE
REQUIRED

Perimeter parking area landscaping.

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All landscaping around the perimeter of a parking area shall provide a mix
of class A, B and C trees, and ground cover plantings in accordance with
this section.

The perimeter of any surface parking facility must be landscaped,
according to the standards shown in table 16 below.

Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
Page 3 of 5

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Table 16
PROPOSED
PARKING LOT SIDE
ADJACENT TO, OR
ABUTTING

MINIMUM
REQUIRED
PERIMETER
LANDSCAPE WIDTH

REQUIRED TREES²

REQUIRED SHRUBS³

REQUIRED FENCE

PUBLIC RIGHT-OFWAY

TEN (10) FEET

ONE (1) CLASS A OR
TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

RESIDENTIALLY
ZONED PROPERTY

TEN (10) FEET

ONE (1) CLASS A OR
TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

6 FOOT TALL SOLID
FENCE OR WALL

PARKING LOT¹

EIGHT (8) FEET

TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

ALL OTHER
PARKING LOT
PERIMETER AREAS

EIGHT (8) FEET

TWO (2) CLASS B
PER FORTY (40)
FEET OF LINEAR
FRONTAGE

FIFTEEN (15)
SHRUBS PER FORTY
(40) FEET

NONE

D. Maintenance.

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The owner of the property shall be responsible for proper maintenance of the
landscape.

Plant materials showing signs of insect or disease infestation or other damage
shall be appropriately treated to restore the health of the plant materials and
Created: 2026-03-17 09:49:44 [EST]

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dead plant material removed and replaced. Dead plant material shall be
removed and replaced during the next appropriate planting season following the
rescission of any active Water Conservation Alert.
4.

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A note shall be placed on all site plans stating the above requirement.
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(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)
Formatted: Space Before: 2 pt, After: 12 pt

Created: 2026-03-17 09:49:44 [EST]

(Supp. No. 29)
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PROPOSED
Chapter 191- Zoning Regulations
Article XI – Water Conservation
§ 191.98. Water Conservation and Emergency Restrictions.
A. Purpose, Applicability, and Definitions.
(1) Purpose. The purpose of this section is to conserve potable water during periods of
high demand, drought, or limited supply while maintaining public health and safety.
(2) Applicability. This section applies to all properties served by the Town water system.
(3) Definitions.
(a) “Designated Large-Volume User” means any non-residential or mixed-use
development that:
(i) Consumes an average of 10,000 gallons per day or more, based on the most
recent three consecutive billing cycles; or
(ii) Uses 300,000 gallons or more in any single billing cycle.
B. Declaration and Rescission of Water Conservation Alert.
(1) Declaration. Whenever the Town's total daily water production reaches ninety
percent (90%) of its daily permitted capacity for three (3) consecutive days, or during
periods of an officially declared State drought emergency, the Chief Executive Officer
(Town Manager) is authorized to declare a Water Conservation Alert.
(2) Notice. The Chief Executive Officer shall provide public notice of the declaration and
effective date by reasonable means, including posting on the Town’s website, social
media, and other customary channels.
(3) Rescission. The Chief Executive Officer shall rescind the Alert when production
stabilizes below the threshold or when drought conditions subside and shall provide
public notice of the rescission.

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C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert.
(1) Outdoor irrigation of lawns and landscape areas shall occur on an odd/even schedule
based on the last digit of the property’s street address (odd-numbered addresses on
odd numbered calendar days; even-numbered addresses on even numbered calendar
days). Common open-space parcels, Home Owners Association (HOA) greenways,
median strips, or properties without a standard numerical street address may be
watered on even numbered calendar days unless the Town Manager or designee
determines otherwise during a declared water conservation alert.
(2) Time-of-day. Irrigation is permitted only between the hours of 6:00 p.m. and 10:00 a.m.,
unless the Chief Executive Officer permits other alternative hours in the Declaration of
a Water Conservation Alert.

Commented [DD1]: Staff added this language
as a default.

(3) Watering of grass is prohibited except for the following circumstances:
a) To maintain newly seeded, sodded, or vegetated areas for a period not to exceed
thirty (30) days from the date of installation, provided that the landscaping
complies with the drought-tolerant standards of Section 191-48(B).
b) To maintain athletic fields or golf courses provided a water conservation plan is in
effect. For purposes of these restrictions, an acceptable water conservation plan
is one approved by the Chief Executive Officer that achieves a reduction of at least
10 percent in water usage when compared to normal usage during a comparable
period. A comparable period is a similar month or quarter during which a user
operated at a similar level of activity.
c) Wastewater effluent or storm water treatment systems utilizing spray irrigation may
apply water in designated areas according to permit conditions.
(4) Use of sprinklers and other automatic watering devices utilizing potable Town water
are prohibited for purposes of irrigation, watering of gardens, landscaped areas,
lawns, trees, shrubs, and other outdoor plants with following exceptions:
a) Agricultural irrigation for the production of food and fiber, the maintenance of
livestock and poultry or the production of nursery stock.
b) Commercial nurseries with a water conservation plan in place. An acceptable
water conservation plan is one approved by the Chief Executive Officer that
achieves a reduction of at least 10 percent in water usage when compared to
normal usage during a comparable period. A comparable period is a similar month
or quarter during which a user operated at a similar level of activity.
2

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c) When used by arboretums and public gardens at the minimum rate necessary to
preserve specimens.
(5) Severe shortage. During a severe water shortage, the Chief Executive Officer may
temporarily prohibit all landscape irrigation.
D. Non-Essential Water Use Prohibition Under a Water Conservation Alert.
(1) Washing of paved surfaces such as sidewalks, walkways, driveways, roads, parking
areas, tennis courts, patios, decks, buildings, garages or other impervious surfaces is
prohibited, except
a) The minimum rate necessary for sanitation or public health purposes, such as
eating and drinking areas.
b) When pre-washing in preparation of asphalt street or driveway recoating and
sealing.
(2) Washing of automobiles, trucks, trailers, motorhomes, boats and other forms of
mobile equipment is prohibited, except:
a) Commercial car wash facilities shall reduce total potable water use by ten percent
(10%) during a Water Conservation Alert. Facilities utilizing certified high efficiency
water reclamation systems that recycle a minimum of seventy percent (70%) of
wash water shall be deemed compliant with this reduction requirement, provided
that proof of system certification and operational maintenance records are
submitted to the Town upon request. Non-recycling commercial car wash facilities
must submit and execute an approved operational plan demonstrating the required
ten percent (10%) reduction in overall potable water consumption.
b) For the cleaning of construction, emergency or public transportation vehicles if
necessary to preserve the proper functioning and safe operation of the vehicle.
Recreational and Decorative Water Use Under a Water Conservation Alert.
E. Recreational and Decorative Water Use Under a Water Conservation Alert.
(1) Filling or refilling swimming pools or hot tubs is prohibited. Topping off any pool,
including private single-family residential pools, HOA pools, and public or
commercial pools with the minimal volume necessary to maintain pump circulation
and protect equipment is permitted. Operators of HOA amenity, public, or
commercial pools shall provide written notice to the Town prior to performing major
volume maintenance.

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(2)

Ornamental fountains, reflecting pools and decorative water features. All
ornamental fountains, reflecting pools and decorative water features must utilize
recirculating water systems; non-recirculating features shall be turned off.

(3) Misting machines. Misting machines are prohibited during a Water Conservation
Alert.
F.

Water Service to Patrons
(1) Serving of tap water in restaurants, clubs, or eating places is prohibited, unless
specifically requested by the customer.

G. Large-Volume Commercial, Industrial, and Institutional Users Under a Water
Conservation Alert.
(1) Reduction requirement. The Chief Executive Officer may require Designated LargeVolume Users to reduce potable water usage by at least 10 percent.
(2) Compliance verification. The Town may use metered consumption and billing
records to verify compliance.
(3) Corrective plan upon noncompliance. When a Designated Large Volume User fails
to meet their required water reduction during a billing cycle or monitoring period
under a declared Water Conservation Alert, the Chief Executive Officer (Town
Manager) shall issue a written Notice of Non-Compliance. Within thirty (30) calendar
days of receipt of said notice, the user shall submit a proposed Water Conservation
Plan to achieve at least a ten percent (10%) reduction to the satisfaction of the Town
Manager. The Town Manager shall approve, approve, with conditions, or deny the
Water Conservation Plan within ten (10) business days of receipt. Upon approval,
the user shall implement the Water Conservation Plan immediately.
H. Emergency and Health/Safety Exemptions.
(1) Water use necessary for fire suppression, public health protection, or other
emergency operations by public agencies is exempt.
I. Relationship with Alternative Systems.
(1) Installation and use of graywater, reclaimed water, or stormwater capture systems
for non-potable uses is permitted subject to all applicable State and local plumbing
and health standards. Irrigation utilizing verified non-potable alternative systems
shall be exempt from the outdoor watering restrictions of Section 191.98 (C),
provided that application complies with State health regulations and does not utilize
potable municipal water.
4

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J. Water System Repairs
(1) Existing and new leaks to private water systems shall be repaired as soon as
reasonably practical.
K. Enforcement; Penalties.
(1) For a first observed violation, the Town shall issue a written Warning Notice providing
forty-eight (48) hours to resolve the non-compliant condition.
(2) Violations of this section are municipal infractions enforceable pursuant to § 186-22
of the Town Code.
(3) Each day of a continuing violation constitutes a separate offense.
(4) If the violation is not resolved within the warning period, municipal infraction fines may
be imposed pursuant to §186 22 on a tiered basis.
L. Severability.
(1) If any provision of this section is held invalid, such invalidity shall not affect the
remaining provisions, which are severable.
(2) Where the provisions of this section are less restrictive than applicable state statutes
or regulations governing water conservation, drought response, plumbing standards,
or water-use restrictions, the more restrictive state requirements shall apply.
M. Water Hardship Exemption Application
(1) During a declared water conservation alert, any water user who believes that the water
use provisions contained in this ordinance create an extraordinary hardship may
submit a Water Hardship Exemption Application to the Chief Executive Officer or their
designee.
(2) Standards:
a) An extraordinary water hardship refers to permanent property damage or other
personal or economic loss that is significantly more severe than the sacrifices
experienced by other water users.
b) The applicant must demonstrate extraordinary hardship with clear and convincing
evidence based on:
i) The nature of the hardship and the reason the exemption is being requested.
ii) The efforts the applicant has made to comply with Article XI.
5

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iii) The extent to which the applicant can reduce water use without experiencing
extraordinary hardship.
(3) If the exemption is denied by the Chief Executive Officer, the applicant may appeal
the entire administrative record, and those required findings from Section 19198(M)(2)(b) to the Board of Appeals within ten (10) calendar days pursuant to Section
191-60(D). Provided, however, that no hardship exemption granted by the Chief
Executive Officer or Board of Appeals shall relieve water users from any mandatory
restrictions ordered by the Maryland Department of the Environment (MDE) during a
declared State Drought Emergency.

Commented [DD2]: Staff added this text to

clarify which “finding” are to be used by the Board
of Appeals.Staff also deleted “Town Manager” and

replaced it with “Chief Executive Officer” for
consistency

-END-

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PROPOSED
Chapter 191- Zoning Regulations
Article XI – Water Conservation
§ 191.98. Water Conservation and Emergency Restrictions..
A. Purpose, Applicability, and Deﬁnitions.
(1) Purpose. The purpose of this section is to conserve potable water during periods of
high demand, drought, or limited supply while maintaining public health and safety.
(2) Applicability. This section applies to all properties served by the Town water system.
(3) Deﬁnitions.
(a) “Designated Large-Volume User” means any non-residential or mixed-use
development that:
(i) Consumes an average of 10,000 gallons per day or more, based on the most
recent three consecutive billing cycles; or
(ii) Uses 300,000 gallons or more in any single billing cycle.; or
(iii) It is determined by the Chief Executive O icer to have substantial continuous
or process-related water demand that materially a ects system capacity,
including but not limited to:
• manufacturing or processing facilities
• industrial cooling operations
• commercial laundries
• hospitals and medical centers

Formatted: List Paragraph, Indent: Left: 1", First line:
0", Bulleted + Level: 1 + Aligned at: 1.25" + Indent at:
1.5"

• educational or institutional campuses
• food and beverage production facilities
• large commercial developments with signiﬁcant irrigation loads
• municipal or quasi-public facilities with comparable consumption patterns

Formatted: Indent: Left: 0.5", Hanging: 0.63"

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Designation shall be based on metered water use or documented operational
characteristics.
B. Declaration and Rescission of Water Conservation Alert.
(1) Declaration. Whenever the Town’s total water production reaches eighty percent
(80%) of its daily or annual permitted capacity, as deﬁned by applicable Maryland
Department of the Environment water appropriation permits, or during periods of
State-declared drought, the Chief Executive O icer is authorized to declare a Water
Conservation Alert. Whenever the Town's total daily water production reaches
ninety percent (90%) of its daily permitted capacity for three (3) consecutive days, or
during periods of an o icially declared State drought emergency, the Chief Executive
O icer (Town Manager) is authorized to declare a Water Conservation Alert.
(2) Notice. The Chief Executive O icer shall provide public notice of the declaration and
e ective date by reasonable means, including posting on the Town’s website, social
media, and other customary channels.
(3) Rescission. The Chief Executive O icer shall rescind the Alert when production
stabilizes below the threshold or when drought conditions subside and shall provide
public notice of the rescission.
C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert.
(1) Address-based schedule. Landscape irrigation and outdoor watering shall be limited
to the days speciﬁed by the Town based on property address. Addresses with even
numbers shall be limited to watering on even-numbered dates, and addresses with
odd numbers shall be limited to watering on odd-numbered dates. Outdoor irrigation
of lawns and landscape areas shall occur on an odd/even schedule based on the last
digit of the property’s street address (odd-numbered addresses on odd numbered
calendar days; even-numbered addresses on even numbered calendar days).
Common open-space parcels, Home Owners Association (HOA) greenways, median
strips, or properties without a standard numerical street address may be watered on
even numbered calendar days unless the Town Manager or designee determines
otherwise during a declared water conservation alert.
(2) Time-of-day. Irrigation is permitted only between the hours of 6:00 p.m. and 10:00
a.m., unless the Chief Executive O icer permits other alternative hours in the
Declaration of a Water Conservation Alert.

Commented [DD1]: Sta added this language as a
default.
Formatted: Not Highlight
Formatted: Indent: Left: 0.13", Hanging: 0.31"

(3) Watering of grass is prohibited except for the following circumstances:

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a) To maintain newly seeded and sodded grass areas that were installed prior to the
Declaration of a Water Conservation Alert. To maintain newly seeded, sodded, or
vegetated areas for a period not to exceed thirty (30) days from the date of
installation, provided that the landscaping complies with the drought-tolerant
standards of Section 191-48(B).

Formatted: Strikethrough
Formatted: Indent: Left: 0.44", Hanging: 0.19"

b) To maintain athletic ﬁelds or golf courses provided a water conservation plan is in
e ect. For purposes of these restrictions, an acceptable water conservation plan is
one approved by the Chief Executive O icer that achieves a reduction of at least 10
percent in water usage when compared to normal usage during a comparable
period. A comparable period is a similar month or quarter during which a user
operated at a similar level of activity.
c) Wastewater e luent or storm water treatment systems utilizing spray irrigation may
apply water in designated areas according to permit conditions.
(4) Hand-watering exception. To avoid dead or dying landscaping, reasonable handwatering of trees, shrubs, grass, and gardens using a hose-end shuto nozzle or
watering can is permitted at any time. Use of sprinklers and other automatic watering
devices are prohibited for purposes of irrigation, watering of gardens, landscaped
areas, lawns, trees, shrubs and other outdoor plants. A drip irrigation system or the
use of hand containers and hoses with an automatic shuto nozzle may be used for
hand watering such areas. Exemption from these provisions shall be permitted under
the following circumstances: Use of sprinklers and other automatic watering devices
utilizing potable Town water are prohibited for purposes of irrigation, watering of
gardens, landscaped areas, lawns, trees, shrubs, and other outdoor plants with
following exceptions:

Formatted: Strikethrough

a) Agricultural irrigation for the production of food and ﬁber, the maintenance of
livestock and poultry or the production of nursery stock.
b) Commercial nurseries with a water conservation plan in place. An acceptable
water conservation plan is one approved by the Chief Executive O icer that
achieves a reduction of at least 10 percent in water usage when compared to
normal usage during a comparable period. A comparable period is a similar month
or quarter during which a user operated at a similar level of activity.
c) When used by arboretums and public gardens at the minimum rate necessary to
preserve specimens.

Formatted: Indent: Left: 0.44", Hanging: 0.19"

(45) Severe shortage. During a severe water shortage, the Chief Executive O icer may
temporarily prohibit all landscape irrigation.
3

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D. Prohibition of Non-Essential Water Use Prohibition Under a Water Conservation Alert.
(1) Washing of paved surfaces such as sidewalks, walkways, driveways, roads, parking
areas lots, tennis courts, patios, decks, buildings, garages or other impervious
surfaces is prohibited, except
a) when necessary to address health or safety hazards (e.g., sanitation, spills). The
minimum rate necessary for sanitation or public health purposes, such as eating
and drinking areas.

Formatted: Font: Aptos

Formatted: Indent: Left: 0.44"

b) When pre-washing in preparation of asphalt street or driveway recoating and
sealing.

Formatted: Indent: Hanging: 0.25"

(2) Washing of automobiles, trucks, trailers, motorhomes, boats motor vehicles and other
forms of mobile equipment is prohibited, except:
a) aAt commercial car wash facilities that utilize water recycling systems or .that have
a water conservation plan in place. An acceptable water conservation plan is one
approved by the Chief Executive O icer that achieves a reduction of at least 10
percent in water usage when compared to normal usage during a comparable
period. A comparable period is a similar month or quarter during which a user
operated at a similar level of activity.
Commercial car wash facilities shall reduce total potable water use by ten percent
(10%) during a Water Conservation Alert. Facilities utilizing certiﬁed high e iciency
water reclamation systems that recycle a minimum of seventy percent (70%) of
wash water shall be deemed compliant with this reduction requirement, provided
that proof of system certiﬁcation and operational maintenance records are
submitted to the Town upon request. Non-recycling commercial car wash facilities
must submit and execute an approved operational plan demonstrating the required
ten percent (10%) reduction in overall potable water consumption.
b) For the cleaning of construction, emergency or public transportation vehicles if
necessary to preserve the proper functioning and safe operation of the vehicle.

Formatted: Indent: Left: 0.44", Hanging: 0.19", Space
After: 0 pt, Line spacing: single

Formatted: Indent: Left: 0.43", Hanging: 0.19"

E . Recreational and Decorative Water Use Under a Water Conservation Alert.
(1) Pools and hot tubs. Filling or reﬁlling swimming pools or hot tubs is prohibited; topping
o with the minimal volume necessary to maintain circulation and protect equipment
is permitted. Public or commercial pools needed for public health may top o as
necessary; Public or commercial pool operators shall provide written notice to the
Town. Filling or reﬁlling swimming pools or hot tubs is prohibited. Topping o any pool,

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including private single-family residential pools, HOA pools, and public or commercial
pools with the minimal volume necessary to maintain pump circulation and protect
equipment is permitted. Operators of HOA amenity, public, or commercial pools shall
provide written notice to the Town prior to performing major volume maintenance.
(2) Ornamental fountains, reﬂecting pools and decorative water features. All ornamental
fountains, reﬂecting pools and decorative water features must utilize recirculating
water systems; non-recirculating features shall be turned o .
(3) Misting machines. Misting machines are prohibited during a Water Conservation Alert.
F. Water Service to Patrons

Formatted: Indent: Hanging: 0.38"

(1) Serving of tap water in restaurants, clubs, or eating places is prohibited, unless
speciﬁcally requested by the customer.
FG.

Formatted: Indent: Hanging: 0.25"

Large-Volume Commercial, Industrial, and Institutional Users Under a Water
Conservation Alert.

Formatted: Indent: Left: -0.06", Hanging: 0.44"

(1) Reduction requirement. The Chief Executive O icer may require Designated LargeVolume Users to reduce potable water usage by at least 10 percent. a percentage
speciﬁed in the Water Conservation Alert declaration.

Formatted: Indent: Left: 0.06", Hanging: 0.31"

(2) Compliance veriﬁcation. The Town may use metered consumption and billing records
to verify compliance.

Formatted: Indent: Left: 0.06", Hanging: 0.25"

(3) Corrective plan upon noncompliance. If a Designated Large-Volume User fails to meet
the required reduction, the user shall submit and implement a water-use reduction plan
that describes industry-standard conservation measures (e.g., leak detection and
repair, process optimization, reuse systems) within the timelines established by the
Town. When a Designated Large Volume User fails to meet their required water
reduction during a billing cycle or monitoring period under a declared Water
Conservation Alert, the Chief Executive O icer (Town Manager) shall issue a written
Notice of Non-Compliance. Within thirty (30) calendar days of receipt of said notice, the
user shall submit a proposed Water Conservation Plan to achieve at least a ten percent
(10%) reduction to the satisfaction of the Town Manager. The Town Manager shall
approve, approve, with conditions, or deny the Water Conservation Plan within ten (10)
business days of receipt. Upon approval, the user shall implement the Water
Conservation Plan immediately.
GH. Emergency and Health/Safety Exemptions.

Page 36 of 72

Page 37 of 72

(1) Water use necessary for ﬁre suppression, public health protection, or other
emergency operations by public agencies is exempt.
HI. Relationship with Alternative Systems.
(1) Installation and use of graywater, reclaimed water, or stormwater capture systems for
non-potable uses is permitted subject to all applicable state and local plumbing and
health standards. Use of such systems does not exempt any user from the restrictions
in this Ordinance. Installation and use of graywater, reclaimed water, or stormwater
capture systems for non-potable uses is permitted subject to all applicable State and
local plumbing and health standards. Irrigation utilizing veriﬁed non-potable
alternative systems shall be exempt from the outdoor watering restrictions of Section
191.98 (C), provided that application complies with State health regulations and does
not utilize potable municipal water.
J

Water System Repairs

Formatted: Indent: Hanging: 0.44"

Existing and new leaks to private water systems shall be repaired as soon as
reasonably practical.

Formatted: Indent: Hanging: 0.31"

IK. Enforcement; Penalties.
(1) (1) A commonsense approach shall be taken in the reasonable enforcement of the
water conservation provisions under this Article. For a ﬁrst observed violation, the
Town shall issue a written Warning Notice providing forty-eight (48) hours to resolve
the non-compliant condition.
(2) Violations of this section are municipal infractions enforceable pursuant to § 186-22
of the Town Code.
(23) Each day of a continuing violation constitutes a separate o ense.
(34) The Town may issue warnings for a ﬁrst observed violation. Thereafter, ﬁnes may be
imposed on a tiered basis (e.g., $50 for a ﬁrst o ense, $100 for a second o ense, and
$200 for subsequent o enses), or as otherwise established by resolution. If the
violation is not resolved within the warning period, municipal infraction ﬁnes may be
imposed pursuant to §186 22 on a tiered basis.

Formatted: Strikethrough
Formatted: List Paragraph, Indent: Left: 0.25",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.97" +
Indent at: 1.22"
Formatted: List Paragraph, Indent: Left: 0.31",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.97" +
Indent at: 1.22"
Formatted: Indent: Hanging: 0.31"

JL. Severability.
(1) If any provision of this section is held invalid, such invalidity shall not a ect the
remaining provisions, which are severable.

Page 37 of 72

Page 38 of 72

(2) Where the provisions of this section are less restrictive than applicable state statutes
or regulations governing water conservation, drought response, plumbing standards,
or water-use restrictions, the more restrictive state requirements shall apply.
K. Appeals.
(1) Any person or entity subject to a notice of violation, required reduction in use, or other
enforcement action under this section may submit a written appeal to the Chief Executive
O icer within ten (10) calendar days of the date of the notice. The appeal shall state the
speciﬁc grounds for reconsideration and include any supporting documentation. The Chief
Executive O icer, or designee, shall issue a written decision within ﬁfteen (15) calendar days
of receiving the appeal. The decision of the Chief Executive O icer shall constitute the
Town’s ﬁnal administrative determination.
M. Water Hardship Exemption Application
(1) During a declared water conservation alert, any water user who believes that the water
use provisions contained in this ordinance create an extraordinary hardship may
submit a Water Hardship Exemption Application to the Chief Executive O icer or their
designee.

Formatted: Indent: Hanging: 0.25"

(2) Standards:

Formatted: Indent: First line: 0.19"

a) An extraordinary water hardship refers to permanent property damage or other
personal or economic loss that is signiﬁcantly more severe than the sacriﬁces
experienced by other water users.
b) The applicant must demonstrate extraordinary hardship with clear and convincing
evidence based on:

Formatted: Indent: Left: 0.44", Hanging: 0.19"

i. The nature of the hardship and the reason the exemption is being requested.
ii. The e orts the applicant has made to comply with Article XI.

Formatted: Indent: Left: 0.63", Hanging: 0.19"

iii. The extent to which the applicant can reduce water use without experiencing
extraordinary hardship.
(3) After reviewing the application, the Chief Executive O icer or their designee may
request additional information from the applicant before making a decision. Once all
required information has been submitted and the application is deemed complete, a
decision will be issued within ten working days. The applicant will receive written
notice of the decision and the reasons supporting it. If the exemption is denied, the
applicant may appeal the decision to the La Plata Board of Appeals within ten days,
following the Board’s established processes and procedures contained in Section

Formatted: Strikethrough

Page 38 of 72

Page 39 of 72

191-60 (D) of the La Plata Zoning Code. The Board’s decision shall be based solely on
the standards contained under Section 191.98(M)(2) of this ordinance. The Board’s
decision shall be ﬁnal.
If the exemption is denied by the Chief Executive O icer, the applicant may appeal the
entire administrative record, and those required ﬁndings from Section 191-98(M)(2)(b)
to the Board of Appeals within ten (10) calendar days pursuant to Section 191-60(D).
Provided, however, that no hardship exemption granted by the Chief Executive O icer
Town Manager or Board of Appeals shall relieve water users from any mandatory
restrictions ordered by the Maryland Department of the Environment (MDE) during a
declared State Drought Emergency.
Formatted: List Paragraph, Indent: Left: 0.44"

-END-

Page 39 of 72

Page 40 of 72

TOWN OF LA PLATA
305 Queen Anne Street
Post Office Box 2268
La Plata, Maryland 20646
PLANNING COMMISSION STAFF REPORT
DATE: June 2, 2026
TO: Honorable Chair and Members of the Planning Commission
FROM: Don Dooley, Planning Director
PREPARED BY: Don Dooley, Planning Director
APPLICATON NO.: Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
APPLICANT: Town of La Plata, Maryland
OWNER: N/A
PROJECT LOCATION: Town-wide
REQUEST: To add Article XI (Water Conservation and Emergency Restrictions) to
Chapter 191 (Zoning) of the La Plata Municipal Code for the purpose of
providing regulatory provisions for water conservation measures and
emergency restrictions on water use as well as to amend Chapter 191-48
(Landscaping) of the La Plata Municipal Code for the purpose of facilitating
water conservation measures related to the installation of new landscaping
for residential and non-residential developments.
BACKGROUND
On April 28, 2026, the Town Council voted to ordain (adopt) the zoning text amendments
recommended by the Planning Commission on April 7, 2026, under Zoning Text
Amendment 01-2026 for the purpose of creating provisions for Adequate Public Facilities
pertaining to water, sewage and school seating capacity. Staff believes it is now
appropriate to consider developing a complementary ordinance addressing water
conservation use, particularly in the event of a State declared drought.
Staff presented the Town Council with a conceptual draft of the ordinance for their initial
feedback during their regularly scheduled meeting of April 28, 2026. The Council
expressed interest in the water conservation ordinance and directed that it be formally
reviewed by the Planning Commission for a recommendation to the Town Council.

Page 40 of 72

Page 41 of 72

Zoning Text Amendment (ZTA) 03-2026 – Town of La Plata, Maryland
Planning Commission Meeting of June 2, 2026

The initial draft ordinance is now being presented to the Planning Commission under
Zoning Text Amendment 03-2026.
DISCUSSION
The Town of La Plata is approaching its permitted groundwater withdrawal limit, with
water usage already around 90% of its allowed daily average. Because the Maryland
Department of the Environment (“MDE”) will not expand the Town’s groundwater permit
without a supplemental water source, the Town is in the process of advancing a threepart water management strategy that includes:
1. Negotiating a supplemental water agreement with Charles County;
2. Creating Adequate Public Facilities standards; and,
3. Adopting formal water-conservation policies (the subject of this report).
Under Zoning Text Amendment (ZTA) 03-2026, two sets of draft code amendments are
proposed. A summary of the draft changes include the following:
1. Chapter 191 (Zoning), Section 191.48. – Landscaping
Staff suggests revising portions of Sections 191.48(A) and (B) (Landscaping) to include
the following provisions:
• The

landscape standards to apply to all new residential and non-residential
developments subject to a major or minor site plan, preliminary plat map approval or
when replacing on-site landscaping for a specific area on a property.
• The use of native and drought-tolerant plants;
• Limiting high water use turf where installed on a property;
• Improve soil preparation for new landscaping to retain water;
• The use of two to three inches of mulch for new planting beds as standard landscape
installation protocol;
• New irrigation systems, where proposed, must have rain shutoff sensors and no
overspray onto pavement to improve irrigation efficiency.
• All required landscape plans that require Town approval shall demonstrate
compliance with the proposed draft revisions in Section 191-48(B).
2. Proposed Article XI, Section 191 (Zoning) – Water Conservation and Emergency
Restrictions
A. Purpose, Applicability, and Definitions
• The purpose of this section is to help conserve potable water during periods of high
use, drought, or limited supply while still protecting the public’s health and safety.

2
Page 41 of 72

Page 42 of 72

Zoning Text Amendment (ZTA) 03-2026 – Town of La Plata, Maryland
Planning Commission Meeting of June 2, 2026

• The ordinance will apply to every property connected to the Town’s water system.
• A definition has been drafted to address a “Designated Large-Volume User” as any
non-residential or mixed-use property with very high or continuous water demand.
This includes users averaging 10,000 gallons per day, using 300,000 gallons in a
single billing cycle, or having substantial process-related usage (e.g., manufacturing,
cooling, hospitals, campuses, large irrigated commercial sites). The designation is
based on actual water use or operational needs.
B. Declaration and Rescission of Water Conservation Alert
• The Chief Executive Officer (CEO)/Town Manager may declare a Water
Conservation Alert when water production reaches 80% of its permitted capacity or
when a drought is declared by the State of Maryland.
• The Town must notify the public using reasonable methods such as the website and
social media.
• The drought alert ends when production drops below the threshold or drought
conditions end, with public notification of the rescission.
C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert
• Address-based schedule: Outdoor watering may only on assigned days. Specifically,
even-numbered addresses on even dates, odd-numbered addresses on odd dates.
• Time limits: Watering is allowed only between the hours of 6:00 p.m. and 10:00 a.m.
• Hand-watering exception: Reasonable hand-watering of landscaping with a shutoff
nozzle is allowed anytime to prevent the loss of landscaping.
• Severe shortage: During more extreme shortages, the CEO/Town Manager may
temporarily prohibit all landscape irrigation.
D. Prohibition of Non-Essential Water Use
• No washing of hard surfaces like sidewalks or driveways unless needed for health
or safety.
• No personal vehicle washing except at commercial car washes that recycle water.
E. Recreational and Decorative Water Use
• Pools and hot tubs: Filling or refilling is prohibited; topping off is allowed only as
needed to protect equipment. Public/Commercial pools may top off for health reasons
with written notice to the Town.
• Fountains and decorative features: Must use re-circulating systems; non-recirculating
features must be turned off.

F. Large-Volume Commercial, Industrial, and Institutional Users

3
Page 42 of 72

Page 43 of 72

Zoning Text Amendment (ZTA) 03-2026 – Town of La Plata, Maryland
Planning Commission Meeting of June 2, 2026

• Reduction requirement: The CEO/Town Manager may require designated LargeVolume Users to reduce water consumption by a specific percentage during a
drought alert.
• Compliance verification: The Town will check usage through metered data and billing.
• Non-compliance: The user must submit and carry out a water-reduction plan using
recognized conservation practices.
G. Emergency and Health/Safety Exemptions
• Water used for fire suppression, public health, or emergency operations is exempt
from restrictions.
H. Relationship with Alternative Systems
• Systems like graywater, reclaimed water, or stormwater reuse are allowed if they
meet regulations, but using them does not exempt anyone from conservation
restrictions.
I. Enforcement; Penalties
• Violations are municipal infractions under §186-22.
• Each day of violation counts as a separate offense.
• The Town may give a warning first; fines escalate (e.g., $50 first offense, $100
second, 200 thereafter) or as set by resolution.
Planning Commission Analysis
Staff recommends using the draft water conservation ordinance as a starting point for
discussing what the Commission considers reasonable and appropriate measures for
promoting water conservation in the Town, especially during State-declared droughts.
Because of the nature of the proposed ordinance, the Commission should consider
forming a subcommittee and/or schedule a study session to review it in more detail. This
approach would give Commission members time to conduct their own research and
provide targeted feedback, allowing staff to refine and re-draft the ordinance in a way that
best represents the Commission’s collective wisdom and provides suitable measures to
fit the Town’s needs.
RECOMMENDATION
Staff recommends the Planning Commission consider forming a subcommittee to conduct
its own research on appropriate water conservation measures for the Town and/or holding
a study session on the topic for the next regularly scheduled Planning Commission
Meeting of July 7, 2026.
ATTACHMENTS

4
Page 43 of 72

Page 44 of 72

Zoning Text Amendment (ZTA) 03-2026 – Town of La Plata, Maryland
Planning Commission Meeting of June 2, 2026

1) Draft Text Amendment to Chapter 191 (Zoning) Section 191-48 (Landscaping)
2) Draft Text Amendments to Chapter 191 (New Article XI. – Water Conservation
3) Town Water Conservation Tips Handout
4) Town Council Staff Report dated April 28, 2026.

5
Page 44 of 72

Page 45 of 72

TOWN OF LA PLATA
305 Queen Anne Street
Post Office Box 2268
La Plata, Maryland 20646
PLANNING COMMISSION STAFF REPORT
DATE: July 7, 2026
TO: Honorable Chair and Members of the Planning Commission
FROM: Don Dooley, Planning Director
PREPARED BY: Don Dooley, Planning Director
APPLICATON NO.: Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
APPLICANT: Town of La Plata, Maryland
OWNER: N/A
PROJECT LOCATION: Town-wide
REQUEST: To add Article XI (Water Conservation and Emergency Restrictions) to
Chapter 191 (Zoning) of the La Plata Municipal Code for the purpose of
providing regulatory provisions for water conservation measures and
emergency restrictions on water use as well as to amend Chapter 191-48
(Landscaping) of the La Plata Municipal Code for the purpose of facilitating
water conservation measures related to the installation of new landscaping
for residential and non-residential developments.
BACKGROUND
On April 28, 2026, the Town Council voted to ordain (adopt) the zoning text amendments
recommended by the Planning Commission on April 7, 2026, under Zoning Text
Amendment 01-2026 for the purpose of creating provisions for Adequate Public Facilities
pertaining to water, sewage and school seating capacity. Staff believes it is now
appropriate to consider developing a complementary ordinance addressing water
conservation use, particularly in the event of a State declared drought.
Staff presented the Town Council with a conceptual draft of the ordinance for their initial
feedback during their regularly scheduled meeting of April 28, 2026. The Council
expressed interest in the water conservation ordinance and directed it to be formally
reviewed by the Planning Commission for a recommendation to the Town Council.

Page 45 of 72

Page 46 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of July 7, 2026

The initial draft ordinance is now being presented to the Planning Commission under
Zoning Text Amendment 03-2026.
Planning Commission Meeting of June 2, 2026
At the Planning Commission Meeting of June 2, 2026, the Commission concurred with
staff that the development of water-conservation standards are not intended to be
intrusive or detrimental to residents’ quality of life, nor are they meant to introduce
measures that are impractical to implement. Rather, the Commission seeks to promote
reasonable and effective practices that support the Town’s long-term water sustainability
goals. In particular, the Commission recognizes the importance of responsible water use
to help La Plata remain within the allocation limits established by the Maryland
Department of the Environment, especially during periods of drought when conservation
becomes most critical. Therefore, careful development of a water conservation ordinance
is imperative.
To give the Commission time to conduct their own research on potential water
conservation measures that may be appropriate for the Town of La Plata, the Commission
voted to continue Zoning Text Amendment (ZTA) 03-2026 to their next regularly
scheduled meeting of July 7, 2026. The continuance will enable the Commission to
engage in a more informed and robust discussion on water-conservation issues and
measures. Based on the Commission’s collective feedback, a Planning Commission
Subcommittee is anticipated to be organized to work with Town staff on further developing
the nascent water conservation text proposed in Zoning Text Amendment (ZTA) 03-2026.
Once refined, the revised draft ordinance will be brought back to a future Planning
Commission meeting for further discussion and evaluation for a future recommendation
to the Town Council.
DISCUSSION
The Town of La Plata is approaching its permitted groundwater withdrawal limit, with
water usage already around 90% of its allowed daily average. Because the Maryland
Department of the Environment (“MDE”) will not expand the Town’s groundwater permit
without a supplemental water source, the Town is in the process of advancing a threepart water management strategy that includes:
1. Negotiating a supplemental water agreement with Charles County;
2. Creating Adequate Public Facilities standards; and,
3. Adopting formal water-conservation policies (the subject of this report).
Under Zoning Text Amendment (ZTA) 03-2026, two sets of draft code amendments are
proposed. A summary of the conceptual, draft, changes are as follows:

2
Page 46 of 72

Page 47 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of July 7, 2026

1. Chapter 191 (Zoning), Section 191.48. – Landscaping
Staff suggests revising portions of Sections 191.48(A) and (B) (Landscaping) to include
the following provisions:
• The

landscape standards will apply to all new residential and non-residential
developments subject to a major or minor site plan, preliminary plat map approval or
when replacing on-site landscaping for a specific area on a property.
• The use of native and drought-tolerant plants;
• Limiting high water use turf where installed on a property;
• Improve soil preparation for new landscaping to retain water;
• The use of two to three inches of mulch for new planting beds as standard landscape
installation protocol;
• New irrigation systems, where proposed, must have rain shutoff sensors and no
overspray onto pavement to improve irrigation efficiency.
• All required landscape plans that require Town approval shall demonstrate
compliance with the proposed draft revisions in Section 191-48(B).
2. Proposed Article XI, Section 191 (Zoning) – Water Conservation and Emergency
Restrictions
A. Purpose, Applicability, and Definitions
• The purpose of this section is to help conserve potable water during periods of high
use, drought, or limited supply while still protecting the public’s health and safety.
• The ordinance will apply to every property connected to the Town’s water system.
• A definition has been drafted to address a “Designated Large-Volume User” as any
non-residential or mixed-use property with very high or continuous water demand.
This includes users averaging 10,000 gallons per day, using 300,000 gallons in a
single billing cycle, or having substantial process-related usage (e.g., manufacturing,
cooling, hospitals, campuses, large irrigated commercial sites). The designation is
based on actual water use or operational needs.
B. Declaration and Rescission of Water Conservation Alert
• The Chief Executive Officer (CEO)/Town Manager may declare a Water
Conservation Alert when water production reaches 80% of its permitted capacity or
when a drought is declared by the State of Maryland.
• The Town must notify the public using reasonable methods such as the website and
social media.
• The drought alert ends when production drops below the threshold or drought
conditions end, with public notification of the rescission.

3
Page 47 of 72

Page 48 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of July 7, 2026

C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert
• Address-based schedule: Outdoor watering may only be on assigned days.
Specifically, even-numbered addresses on even dates, odd-numbered addresses on
odd dates.
• Time limits: Watering is allowed only between the hours of 6:00 p.m. and 10:00 a.m.
• Hand-watering exception: Reasonable hand-watering of landscaping with a shutoff
nozzle is allowed anytime to prevent the loss of landscaping.
• Severe shortage: During more extreme shortages, the CEO/Town Manager may
temporarily prohibit all landscape irrigation.
D. Prohibition of Non-Essential Water Use
• No washing of hard surfaces like sidewalks or driveways unless needed for health
or safety.
• No personal vehicle washing except at commercial car washes that recycle water.
E. Recreational and Decorative Water Use
• Pools and hot tubs: Filling or refilling is prohibited; topping off is allowed only as
needed to protect equipment. Public/Commercial pools may top off for health reasons
with written notice to the Town.
• Fountains and decorative features: Must use re-circulating systems; non-recirculating
features must be turned off.
F. Large-Volume Commercial, Industrial, and Institutional Users
• Reduction requirement: The CEO/Town Manager may require designated LargeVolume Users to reduce water consumption by a specific percentage during a
drought alert.
• Compliance verification: The Town will check usage through metered data and billing.
• Non-compliance: The user must submit and carry out a water-reduction plan using
recognized conservation practices.
G. Emergency and Health/Safety Exemptions
• Water used for fire suppression, public health, or emergency operations is exempt
from restrictions.

H. Relationship with Alternative Systems

4
Page 48 of 72

Page 49 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of July 7, 2026

• Systems like graywater, reclaimed water, or stormwater reuse are allowed if they
meet regulations, but using them does not exempt anyone from conservation
restrictions.
I. Enforcement; Penalties
• Violations are municipal infractions under §186-22.
• Each day of violation counts as a separate offense.
• The Town may give a warning first; fines escalate (e.g., $50 first offense, $100
second, 200 thereafter) or as set by resolution.
RECOMMENDATION
Staff recommends the Planning Commission provide its collective feedback on the draft
water conservation ordinance and establish a Planning Commission Subcommittee to
work with staff in further refining and developing appropriate language for the draft
water-conservation provisions contained in Zoning Text Amendment 03-2026.
ATTACHMENTS
1) Draft Text Amendment to Chapter 191 (Zoning) Section 191-48 (Landscaping)
2) Draft Text Amendments to Chapter 191 (New Article XI. – Water Conservation
3) Town Water Conservation Tips Handout
4) Town Council Staff Report dated April 28, 2026.
5) Planning Commission Staff Report for June 2, 2026.

5
Page 49 of 72

Page 50 of 72

TOWN OF LA PLATA
305 Queen Anne Street
Post Office Box 2268
La Plata, Maryland 20646
PLANNING COMMISSION STAFF REPORT
DATE: September 1, 2026
TO: Honorable Chair and Members of the Planning Commission
FROM: Don Dooley, Planning Director
PREPARED BY: Don Dooley, Planning Director
APPLICATON NO.: Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
APPLICANT: Town of La Plata, Maryland
OWNER: N/A
PROJECT LOCATION: Town-wide
REQUEST: To add Article XI (Water Conservation and Emergency Restrictions) to
Chapter 191 (Zoning) of the La Plata Municipal Code for the purpose of
providing regulatory provisions for water conservation measures and
emergency restrictions on water use as well as to amend Chapter 191-48
(Landscaping) of the La Plata Municipal Code for the purpose of facilitating
water conservation measures related to the installation of new landscaping
for residential and non-residential developments.
BACKGROUND
On April 28, 2026, the Town Council voted to ordain (adopt) the zoning text amendments
recommended by the Planning Commission on April 7, 2026, under Zoning Text
Amendment 01-2026 for the purpose of creating provisions for Adequate Public Facilities
pertaining to water, sewage and school seating capacity. Staff believes it is now
appropriate to consider developing a complementary ordinance addressing water
conservation use, particularly in a State declared drought.
Staff presented the Town Council with a conceptual draft of the ordinance for their initial
feedback during their regularly scheduled meeting of April 28, 2026. The Council
expressed interest in the draft Water Conservation Ordinance and directed it to be
formally reviewed by the Planning Commission for a recommendation to the Town
Council.

Page 50 of 72

Page 51 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

The initial draft ordinance is now being presented to the Planning Commission under
Zoning Text Amendment 03-2026.
Planning Commission Meeting of June 2, 2026
At the Planning Commission Meeting of June 2, 2026, the Commission concurred with
staff that the development of water-conservation standards are not intended to be
intrusive or detrimental to residents’ quality of life, nor are they meant to introduce
measures that are impractical to implement. Rather, the Commission seeks to promote
reasonable and effective practices that support the Town’s long-term water sustainability
goals. In particular, the Commission recognizes the importance of responsible water use
to help La Plata remain within its allocation limits established by the Maryland Department
of the Environment, especially during periods of drought when conservation becomes
most critical. Therefore, careful development of a water conservation ordinance is
imperative.
To give the Commission time to conduct their own research on potential water
conservation measures that may be appropriate for the Town of La Plata, the Commission
voted to continue Zoning Text Amendment (ZTA) 03-2026 to their regularly scheduled
meeting of July 7, 2026. The continuance enabled the Commission to engage in a more
informed and robust discussion on water-conservation issues and measures. Based on
the Commission’s collective feedback, a Planning Commission Subcommittee was
anticipated to be organized to work with Town staff on further developing the nascent
water conservation text proposed in Zoning Text Amendment (ZTA) 03-2026.
Planning Commission Meeting of July 7, 2026
During the Planning Commission Meeting of July 7, 2026, the Commission provided
broad comments concerning the draft Water Conservation Ordinance. Collectively, the
Commission agreed that such an ordinance was an appropriate tool to help facilitate the
management of water in the Town as it is a shared resource for all residents and business
alike. The Commission also noted that the draft Water Conservation Ordinance should
be reasonable, logical, and not punitive. It should also align with State policies for water
conservation, particularly during declared droughts.
During the meeting, the Commission appointed Commissioners Whale and Ford to a
Planning Commission subcommittee to work with staff on fine-tuning the draft ordinance
to align with the Commission’s general feedback. Once completed, the draft ordinance
would return to the Commission for final disposition.

2
Page 51 of 72

Page 52 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

Planning Commission Subcommittee
On July 30, 2026, and August 13, 2026, the Planning Commission subcommittee
(“Subcommittee”) met with staff to more closely evaluate and refine the text of the draft
ordinance to align with the Commission’s broad comments.
In summary, the Subcommittee agreed that the draft ordinance should more closely
reflect the State’s Level One Mandatory Water Use Restrictions which are used when a
drought emergency is officially declared by the State. Therefore, the draft ordinance was
revised to align with State policy to ensure consistency and to avoid potential conflicts.
The Subcommittee also added a more though process that allows property owners to
request exemptions from the provisions of the draft ordinance if they believe those
provisions create an undue hardship on them. Exemption requests would be submitted
to the Town’s Chief Executive Officer (or Town Manager) for a decision. All decisions
made by the Town Manager can also be appealed to the Town’s Board of Appeals. This
process is intended to ensure that the draft ordinance does not inadvertently harm
residents or businesses that have essential water needs or unusual circumstances that
are not generally shared with the broader community. In doing so, it creates a check and
balance system to make the draft ordinance more pragmatic and fair.
DISCUSSION
Based on the Planning Commission Subcommittee’s recommended revisions to Zoning
Text Amendment (ZTA) 03-2026, the following additions and/or revisions have been
made to the draft ordinance:
1. Chapter 191 (Zoning), Section 191.48 – Landscaping
• Section B(5). The requirement for the use of two to three inches of mulch for new

planting beds as a standard landscape installation protocol for new plantings has
been revised to simply state that, “Planting beds shall include sufficient mulch to
reduce evaporation.” Detailing the specific amount of mulch to be used was deemed
unnecessary by the Planning Commission Subcommittee.
No other changes are proposed to Section 191.48.
2. Proposed Article XI, Section 191.98 (Zoning) – Water Conservation and
Emergency Restrictions
A. Purpose, Applicability, and Definitions

3
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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

• Section A(3)(iii) was modified to include land-uses such as data centers, hotels and
motels as examples of “Designated Large-Volume Users.”
B. Declaration and Rescission of Water Conservation Alert
No changes proposed.
C. Mandatory Outdoor Watering Limitations Under a Water Conservation Alert
• Gives the Chief Executive Officer (Town Manager) the flexibility to identity alternative
hours for watering other than 6:00 p.m. to 10:00 a.m.
• Following the State’s Level One Mandatory Water Use Restrictions, the watering of
grass is prohibited except for:
1) Maintaining newly seeded or installed sodded grass prior to a Water Conservation
Alert;
2) Athletic fields or golf courses provided a water conservation plan is approved by
the Town Manager that reduces at least ten percent of the normal water usage of
the site during a comparable period;
3) Wastewater effluent or storm water treatment systems utilizing spray irrigation;
4) Hand watering with hoses that have an automatic shutoff nozzle; and,
5) The use of drip irrigation systems.
• This section of the ordinance does exempt the use of sprinklers when they are
associated with agricultural production, the raising of livestock/poultry, nursery stock,
commercial nurseries (when an approved water conservation plan is in place) and for
arboretums and public gardens at the minimum rate necessary to preserve
specimens.
D. Non-Essential Water Use Prohibition Under a Water Conservation Alert.
• This section clarifies that washing paved surfaces is prohibited and expands the list
of prohibited surfaces to include tennis courts, patios, decks, and garages.
Exemptions are provided for:
1) Necessary pre-washing of asphalt street or driveway recoating and sealing.
2) For sanitation or public health purposes like eating and drinking areas.
• Section “D” was also enhanced to clarify that washing automobiles, motorhomes,
boats and other forms of mobile equipment is prohibited except for:
1) Commercial car wash facilities that utilize a water recycling system or that have a
water conservation plan in place when a water recycling system is not used.

4
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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

2) When cleaning construction, emergency or public transportation vehicles to
protect their proper functioning. This could apply to such things as cleaning dirty
windows, vehicle lights, and removing dirt from a vehicle.
E. Recreational and Decorative Water Use Under a Water Conservation Alert.
• The use of reflecting pools was added to recreational water features which are
prohibited under the draft ordinance except when the water is recirculated.
• Misting machines were also added as a prohibited use of water.
F. Water Service to Patrons
• The service of tap water in restaurants and eating places is prohibited except when
requested by patrons. This is a very common conservation measure.
G. Large-Volume Commercial, Industrial, and Institutional Users Under a Water
Conservation Alert.
• A minimum ten-percent water reduction goal for large-volume commercial, industrial,
and Institutional users under a water conservation alert was added as an objective
goal if the Chief Executive Officer (Town Manager) requires such users to reduce
portable water usage. This is consistent with the State’s Level One Mandatory Water
Use polices.
• New text was added to specify that an acceptable water conservation plan is one that
is approved by the Chief Executive Officer (Town Manager) that achieves a reduction
of at least 10 percent in water usage when compared to normal usage during a
comparable period. A comparable period is a similar month or quarter during which
a user operated at a similar level of activity. As before, this is consistent with State
policy guidelines.
H. Emergency and Health/Safety Exemptions
No changes proposed.
I. Relationship with Alternative Systems
No changes proposed.
J. Water System Repairs
•

This section now provides that property owners address any known water leaks on
their property as soon as “practical” to give them time to organize and collect the
resources they need to make necessary repairs.

5
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Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

K. Enforcement; Penalties
•

A guidance provision for Town enforcement of this ordinance was added to state, “A
commonsense approach shall be taken in the reasonable enforcement of the water
conservation provisions under this Article.” The Planning Commission Subcommittee
believes this statement will help set the tone for any necessary enforcement activities
so as not to burden property owners when they are trying to comply with the “spirit”
or “intent” of the draft Water Conservation Ordinance provisions.

L. Severability
No changes are proposed.
M. Water Hardship Exemption Application
The former heading entitled, “Appeals” was changed to “Water Hardship Exemption
Application” under new Section “M.” The change is intended to create a more
structured process that gives the Chief Executive Officer (Town Manager) guidance on
how to evaluate requests for exemptions to one or more of the provisions of the draft
ordinance. In doing so, it more closely aligns with the State’s “Drought Emergency
Application for Variance to Mandatory Water Use Restrictions” provisions. The revised
provisions also give an applicant the ability to appeal any decision of the Town
Manager to the Board of Appeals for final determination. The process gives appellants
greater due process than the prior draft ordinance draft did to promote fairness and
reasonable consideration of water usage concerns by any member of the public.
Public Hearing
Staff believes the changes recommended by the Planning Commission Subcommittee
have substantially improved the draft ordinance compared to the original version
presented to the Commission as it provides clarity, detail and appropriate water use
exemptions to facilitate a reasonable ordinance. Although there was not enough time to
advertise a public hearing for Zoning Text Amendment (ZTA) 03-2026 on September 1,
2026, staff anticipates holding a public hearing on October 6, 2026, provided the
Commission is generally satisfied with the revised draft ordinance (see Attachment Nos.
1 and 2).
RECOMMENDATION
Staff recommends the Planning Commission provide its collective feedback on the draft
Water Conservation Ordinance as revised by the Subcommittee. If the Commission is
generally satisfied with the draft, a public hearing for Zoning Text Amendment 03-2026 will
be scheduled for October 6, 2026.

6
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Page 56 of 72

Zoning Text Amendment (ZTA) 03-2026 – Water Conservation
Planning Commission Meeting of September 1, 2026

ATTACHMENTS
1) Draft Text Amendment to Chapter 191 (Zoning) Section 191-48 (Landscaping)
2) Draft Text Amendments to Chapter 191 (New Article XI. – Water Conservation
3) Planning Commission Staff Report for July 7, 2026
4) Planning Commission Staff Report for June 2, 2026.
5) Maryland Department of the Environment Level One Mandatory Water Use
Restrictions Sheet.

--END--

7
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Level One Mandatory Water Use Restrictions
The level one mandatory water use restrictions are listed here.

These restrictions are only in effect when a drought
emergency is officially declared.
Click here for a .pdf version of this page or here for a map of the drought regions.

Watering of grass is prohibited.
Except to establish and maintain newly seeded and sodded grass areas.
Except to maintain athletic fields or golf courses provided a water conservation plan** is in
effect.
Except wastewater effluent or storm water treatment systems utilizing spray irrigation may
apply water in designated areas according to permit conditions.

Use of sprinklers and other automatic watering devices is
prohibited for purposes of irrigation, watering of gardens,
landscaped areas, trees, shrubs and other outdoor plants.
Hand held containers and hoses with automatic shut off may
be used for watering such areas.
Except for agricultural irrigation for the production of food and fiber, the maintenance of
livestock and poultry or the production of nursery stock.
Except by means of a drip irrigation system.
Except when used by commercial nurseries with a water conservation plan** in place.
Except when used by arboretums and public gardens of National, State, or regional
significance at the minimum rate necessary to preserve specimens.

Washing paved surfaces such as streets, roads, sidewalks,
driveways, garages, parking areas, tennis courts, and patios
is prohibited
Except for prewashing in preparation of asphalt street or driveway recoating and sealing.
Except at the minimum rate necessary for the maintenance of tennis courts composed of clay
or similar materials by means of a hand-held hose equipped with an automatic shutoff nozzle.
Except at the minimum rate necessary for sanitation or public health purposes, such as eating
and drinking areas.
Except at the minimum rate necessary to maintain effective dust control during the
construction of highways and roads.
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Page 58 of 72

Use of water for the operation of ornamental fountains,
artificial waterfalls, misting machines, and reflecting pools is
prohibited
Except for systems that continuously recycle water.

Use of water for non-commercial washing or cleaning of
mobile equipment including automobiles, trucks, trailers
and boats is prohibited
Except commercial car washes with a water conservation plan** in place.
Except cleaning of construction, emergency or public transportation vehicles if necessary to
preserve the proper functioning and safe operation of the vehicle.

Serving of tap water in restaurants, clubs, or eating places is
prohibited, unless specifically requested by the customer.
All other residential, business and industrial water users are
requested to voluntarily reduce water consumption by 10%.
**Water Conservation Plan
For purposes of these restrictions, an acceptable water conservation plan is one that achieves a
reduction of at least 10 percent in water usage when compared to normal usage during a
comparable period. A comparable period is a similar month or quarter during which a user
operated at a similar level of activity.

Related Topics
Water Resource Management
Water Conservation Homepage
Drought Monitoring and Response Plan
Variances and Exemptions
Enforcement Guidelinesfor Local Government, Police, and Sheriffs

What Can You Do?
Household Tips
Home GardenerTips
Business and Industry Tips
Water Auditing

For More Information
For more information contact the Water Supply Program at 410-537-3589 or
[email protected]

Maryland Department of the
Environment
1800 Washington Blvd
Baltimore, MD 21230

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Page 60 of 72

Councilman Guttenberg’s Feedback For
Draft ZTA Chapter 191 Article XI
Water Conservation:

Table of Contents
1.

Implied Land-Use Authorizations ................................................................................ 2
§ 191.98.A(3)(a)(iii) ................................................................................................................................. 2

Conflict in Allowing Graywater & Alternative Systems Sprinkler Usage ......................... 2
§ 191.98.C(4) & § 191.98.I(1) ................................................................................................................... 2

Timeline for Commercial Corrective Plans .................................................................. 3
§ 191.98.G(3) .......................................................................................................................................... 3

Potential Perpetual Alert Trigger vs. Current Operating Capacity .................................. 4
§ 191.98.B(1) .......................................................................................................................................... 4

Reconciling Commonsense Enforcement Intent with Municipal Infraction Fines .......... 4
§ 191.98.K .............................................................................................................................................. 4

Turf Establishment Conflict During Drought Alerts ...................................................... 5
§ 191.98.C(3)(a) vs. § 191-48.B(2) ........................................................................................................... 5

Including HOA’s In Pool Topping Off and Notification Rules .......................................... 5
§ 191.98.E(1) .......................................................................................................................................... 5

BOA Administrative Scope & MDE Preemption Limits in Hardship Exemption Appeals .. 6
§ 191.98.M.............................................................................................................................................. 6

Nonnumbered Common Parcels ................................................................................. 7
§ 191.98.C(1) .......................................................................................................................................... 7

10. 10% Standard for Commercial Car Washes with High Efficiency Recycling Systems ..... 8

§ 191.98.D(2)(a) ...................................................................................................................................... 8

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1. Implied Land-Use Authorizations
§ 191.98.A(3)(a)(iii)
Review Issue: As an example, Section 191.98.A(3)(a)(iii) lists, among others, "data centers"
as an example of a Designated Large Volume User. However, under MD Land
Use Article, Division I, Title 4, local zoning authority is governed by La Plata's
permissive zoning table (§ 191-8), where data centers are unquestionably not
listed as a permitted, conditional, or special exception use anywhere in the
Town. Including a reference to “data centers” or any of the suggested
bulletized list in a water utility section risks creating an implied land use
argument that could be used by applicants, a future planning department
manager, or before the Board of Appeals.
Recommended Fix: Strike "data centers" and all items in the bulleted list from the water
ordinance to avoid any interference with the integrity of the zoning table (§
191-8) and keep municipal planning and zoning distanced from contentious
county land use debates surrounding data centers.
Suggested ZTA Amended Language:
Strike the entire bulletized list including "data centers" from the water
ordinance to protect the independent integrity of the zoning table (§ 191-8).

2. Conflict in Allowing Graywater & Alternative Systems Sprinkler Usage
§ 191.98.C(4) & § 191.98.I(1)
Review Issue: Section 191.98.C(4) Section 191.98.C(4) imposes a blanket prohibition on all
automatic sprinklers during a Water Conservation Alert. Section 191.98.I(1)
allows alternative water systems (graywater, rainwater capture) but explicitly
states that using these systems "does not exempt any user from the
restrictions in this Ordinance." This is a problem because property owners
using non potable recycled water or rainwater capture systems are banned
from using sprinklers to distribute it.
Recommended Fix: Amend both sections to specifically distinguish between potable town
water and non-potable alternative systems.

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Suggested ZTA Amended Language:
Amend § 191.98.C(4): "Use of sprinklers and other automatic watering
devices utilizing potable Town water are prohibited for purposes of irrigation,
watering of gardens, landscaped areas, lawns, trees, shrubs, and other
outdoor plants."
Amend § 191.98.I(1): "Installation and use of graywater, reclaimed water, or
stormwater capture systems for non-potable uses is permitted subject to all
applicable state and local plumbing and health standards. Irrigation utilizing
verified non-potable alternative systems shall be exempt from the outdoor
watering restrictions of Section 191.98.C, provided that application complies
with state health regulations and does not utilize potable municipal water."

3. Timeline for Commercial Corrective Plans
§ 191.98.G(3)
Review Issue: Section 191.98.G(3) states that non-compliant Designated Large Volume
Users must submit a water use reduction plan "within the timelines
established by the Town." Leaving submission deadlines to informal staff
discretion creates enforcement ambiguity, unequal application across
commercial accounts, and delays during an active drought.
Recommended Fix: write clear deadlines for water use reduction plan submission, Town
Manager review, and implementation.
Suggested ZTA Amended Language:
Amend § 191.98.G(3): "If a Designated Large Volume User fails to meet their
required water reduction during a billing cycle or monitoring period under a
declared Water Conservation Alert, the Chief Executive Officer (Town
Manager) shall issue a written Notice of Non Compliance. Within fifteen (15)
calendar days of receipt of said notice, the user shall submit a proposed
Water Conservation Plan to achieve at least a 10 percent reduction to the
Town Manager. The Town Manager shall approve, approve with conditions, or
reject the plan within ten (10) business days of receipt. Upon approval, the
user shall implement the plan immediately."

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4. Potential Perpetual Alert Trigger vs. Current Operating Capacity
§ 191.98.B(1)
Review Issue: Section 191.98.B(1) authorizes the Town Manager to declare a Water
Conservation Alert when total daily production reaches 80% of permitted
capacity. However, staff reports indicate La Plata's daily average usage is
already operating above 80% of permitted capacity. Enacting the draft code
as written with an 80% trigger would force the Town Manager to declare a
continuous emergency alert on Day 1 under normal daily operations.
Recommended Fix: Separate routine municipal capacity management from true
emergency drought alerts.
Suggested ZTA Amended Language:
Amend § 191.98.B(1): "Whenever the Town's total daily water production
reaches ninety percent (90%) of its daily permitted capacity for three (3)
consecutive days, or during periods of an officially declared State drought
emergency, the Chief Executive Officer (Town Manager) is authorized to
declare a Water Conservation Alert."

5. Reconciling Commonsense Enforcement Intent with Municipal
Infraction Fines
§ 191.98.K
Review Issue: While Section 191.98.K(1) mentions using “commonsense” when enforcing
the rules, the rest of the section treats any violation as an automatic
municipal infraction with daily fines under § 186-22. “Commonsense” is a
vague guideline, not a free pass that prevents a property owner from getting
cited or fined.
Recommended Fix: Convert the vague “commonsense” intent into a procedural
requirement. Mandate one written warning notice with a 48 hour cure
window prior to issuing any financial citations.
Suggested ZTA Amended Language:
Amend § 191.98.K(1) & (4): "(1) A commonsense, education-first approach
shall be taken in the enforcement of this Article. For a first observed violation,
the Town shall issue a written Warning Notice providing forty-eight (48) hours
to cure the non-compliant condition. (4) If the violation is not cured within the
warning period, municipal infraction fines may be imposed pursuant to § 18622 on a tiered basis..."

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6. Turf Establishment Conflict During Drought Alerts
§ 191.98.C(3)(a) vs. § 191-48.B(2)
Review Issue: Section 191-48.B(2) requires developers to plant low-water turf or droughttolerant groundcover. However, Section 191.98.C(3)(a) restricts initial
establishment watering to grass areas "installed prior to the Declaration of a
Water Conservation Alert. If drought tolerant plants or sod are
installed during an active alert, establishing them with initial watering would
be illegal. This could impact erosion control during building.
Recommended Fix: Provide a blanket establishment period (e.g., 30 days) for newly
installed drought-tolerant landscaping, regardless of when the alert was
declared.
Suggested ZTA Amended Language:
Amend § 191.98.C(3)(a): "To maintain newly seeded, sodded, or vegetated
areas for a period not to exceed thirty (30) days from the date of installation,
provided that the landscaping complies with the drought-tolerant standards
of § 191-48(B)."

7. Including HOA’s In Pool Topping Off and Notification Rules
§ 191.98.E(1)
Review Issue: Section 191.98.E(1) allows pool "topping off" to maintain circulation and
specifies that "Public or commercial pool operators shall provide written
notice to the Town." It is not clear to me if HOA pools are Private, Public, or
Commercial and if HOA pools are allowed to top off without notice.
Recommended Fix: Consolidate the text into one clear rule covering all pools.
Suggested ZTA Amended Language:
Amend § 191.98.E(1): "Filling or refilling swimming pools or hot tubs is
prohibited. Topping off any pool, including private single family residential
pools, HOA pools, and public or commercial pools with the minimal volume
necessary to maintain pump circulation and protect equipment is permitted.
Operators of HOA amenity, public, or commercial pools shall provide written
notice to the Town prior to performing major volume maintenance."

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8. BOA Administrative Scope & MDE Preemption Limits in Hardship
Exemption Appeals
§ 191.98.M
Review Issue: If a property owner is denied a water hardship exemption by the Town
manager, the draft rule sends their appeal to the Zoning Board of Appeals
under land-use procedures § 191-60(D). I am concerned this could be
confusing or unclear for the Zoning Board of appeals. I believe we need to
make it clear that the Board is reviewing not zoning code in these cases but
the Town Manager’s administrative record on the case, not treating a
hardship exemption appeal request like a zoning case.
Secondary issue is if the Governor declares a State Drought Emergency and
the MDE issues mandatory state water cuts, state law would override Town
Code. As currently written, the draft doesn't state this limit to hardship
exemptions out loud. Our Town Manager nor Zoning Board of Appeals can
grant a local "hardship pass" to let someone use water if the state has
banned the use type. We should address this limit to the town granting local
permissions that could be counter to state emergency orders.
Recommended Fix: Clarify the standard of review for the Board of Appeals and add an
explicit MDE non-preemption clause
Suggested ZTA Amended Language:
Amend § 191.98.M(3): "If the exemption is denied by the Chief Executive
Officer, the applicant may appeal the administrative record to the Board of
Appeals within ten (10) days pursuant to Section 191-60(D). Provided,
however, that no hardship exemption granted by the Town Manager or Board
of Appeals shall operate to relieve any water user from mandatory
restrictions ordered by the Maryland Department of the Environment (MDE)
during a declared State Drought Emergency."

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9. Nonnumbered Common Parcels
§ 191.98.C(1)
Review Issue: I am wondering how nonnumeric properties without standard street
addresses (e.g., common open-space parcels, HOA greenways, or median
strips) will be assigned watering days.
Recommended Fix: Add language to authorize the Town Manager to assign watering
schedules for unnumbered common parcels.
Suggested ZTA Amended Language:
Amend § 191.98.C(1): "Outdoor irrigation of lawns and landscape areas shall
occur on an odd/even schedule based on the last digit of the property’s street
address (odd-numbered addresses on odd calendar days; even-numbered
addresses on even calendar days). For common open-space parcels, HOA
greenways, median strips, or properties without a standard numerical street
address, the Town Manager or designee shall administratively designate an
odd or even watering schedule.”

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10. 10% Standard for Commercial Car Washes with High Efficiency
Recycling Systems
§ 191.98.D(2)(a)
Review Issue: Section 191.98.D(2)(a) permits commercial car washes to operate during a
Water Conservation Alert if they use a water recycling system. However, the
text does not specify how a commercial car wash that already utilizes a high
efficiency recycling system is evaluated. Car washes with existing high
efficiency reclamation systems often operate near baseline efficiency during
normal operations. Requiring an additional 10% reduction during an alert on
an already recycled system may be technically impossible or force them to
shut down, while a non-recycling facility only has to cut 10% of its potable
waste. These facilities are also part of the water conservation solution when
compared to home driveway washing.
Recommended Fix: Clarify that commercial car washes utilizing high efficiency recycling
system meeting industry leading reclamation percentages are deemed
automatically compliant without requiring a baseline 10% reduction plan.
Suggested ZTA Amended Language:
Amend § 191.98.D(2)(a): "Commercial car wash facilities shall reduce total
potable water use by ten percent (10%) during a Water Conservation Alert.
Facilities utilizing certified high efficiency water reclamation systems that
recycle a minimum of seventy percent (70%) of wash water shall be deemed
compliant with this reduction requirement, provided that proof of system
certification and operational maintenance records are submitted to the Town
upon request. Non-recycling commercial car wash facilities must submit
and execute an approved operational plan demonstrating the required ten
percent (10%) reduction in overall potable water consumption.”

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Councilman Guttenberg’s Feedback For
Draft ZTA Chapter 191-48
Landscaping:

Table of Contents
1.

Permanent Maintenance Duty vs. Emergency Water Restrictions................................. 2
§ 191-48.D(1-2) vs. Proposed Article XI § 191.98.C .................................................................................. 2

Native Species Clarification for Consistency ............................................................... 3
§ 191-48.B(1) vs. Table 16 Footnote 2 ...................................................................................................... 3

Turf Minimization Mandate vs. Mandatory Grass Canopy Spacing ................................ 4
§ 191-48.B(2) vs. § 191-48.C(4) & C(6) ..................................................................................................... 4

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1. Permanent Maintenance Duty vs. Emergency Water Restrictions
§ 191-48.D(1-2) vs. Proposed Article XI § 191.98.C
Review Issue: Section 191-48.D(1-2) imposes the duty to maintain and replace on property
owners: "The owner of the property shall be responsible for proper
maintenance of the landscape... 'maintenance' includes watering... and
replacement of plant materials as needed to preserve the health and
appearance of the plantings." Section 191-48.D(4) requires a permanent
note on all approved site plans binding the owner to this standard.
However, during a declared Water Conservation Alert under § 191.98.C,
outdoor watering via automatic sprinklers is strictly prohibited, and
landscape irrigation is restricted. If a property owner's non turf plantings or
trees die during an extended drought because irrigation was shut off to
comply with § 191.98.C, the owner would be in violation of Section 191-48.D
for failing to water and maintain the plantings.
Recommended Fix: Add a provision in Section 191-48.D clarifying that maintenance
obligations (and replacement requirements) are suspended or adjusted
during a Town declared Water Conservation Alert.
Suggested ZTA Amended Language:
Amend § 191-48.D(2): "As used in this section, 'maintenance' includes
watering; fertilizing; litter removal; weeding; pruning; trimming; insect,
disease, rodent, and weed control; and replacement of plant materials as
needed to preserve the health and appearance of the plantings. Provided
that routine watering obligations shall be modified to comply with outdoor
water use restrictions during any Water Conservation Alert declared
pursuant to Article XI of this Chapter."
Amend § 191-48.D(3)to include “Dead plant material shall be removed and
replaced during the next appropriate planting season following the rescission
of any active Water Conservation Alert.”

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Page 70 of 72

2. Native Species Clarification for Consistency
§ 191-48.B(1) vs. Table 16 Footnote 2
Review Issue: Section 191-48.B(1) sets a universal mandate: "All proposed tree and plant
materials shall be... a species native to the Chesapeake Bay Tributary. All
native plants selected for use shall be those listed by the United States Fish
and Wildlife Service... as well as those listed by the Maryland Department of
Agriculture..." However, Table 16 (Perimeter Parking Area Landscaping),
Footnote 2 states: "If appropriate, two (2) ornamental trees may be
substituted for one (1) shade tree."
Recommended Fix: Clarify in Section B(1) or Footnote 2 that any ornamental substitutions
must still be drawn from approved native plant lists.
Suggested ZTA Amended Language:
Amend Table 16, Footnote 2: "If appropriate, two (2) native ornamental
trees meeting the requirements of subsection B(1) may be substituted for
one (1) shade tree."

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3. Turf Minimization Mandate vs. Mandatory Grass Canopy Spacing
§ 191-48.B(2) vs. § 191-48.C(4) & C(6)
Review Issue: Section 191-48.B(2) mandates turf minimization, requiring that cool season
turf grasses be restricted to active recreation areas and that all other lawn
areas utilize native groundcovers, meadows, or alternative vegetation.
However, Section 191-48.C(4) and C(6) require ground cover or plantings to
"completely fill each island, peninsula or median" and perimeter yards. The
draft code leaves "ground cover" undefined in subsection C. The lack of
explicit cross-referencing between subsection C and the turf minimization
rules in subsection B(2) creates ambiguity over whether standard turf grass
can be legally submitted on site plans for parking islands and perimeter
buffer yards.
Recommended Fix: Explicitly mandate that ground cover used to fill parking islands,
medians, and perimeter buffer areas under subsection C must consist of
non-turf native groundcovers or drought-tolerant vegetative mulch beds in
compliance with subsection B(2).
Suggested ZTA Amended Language:
Amend § 191-48.C(4): "Ground cover or plantings complying with the turf
minimization and native species standards of subsection B shall be provided
for all interior and perimeter planting spaces in order to completely fill each
island, peninsula or median."

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APG Media of Chesapeake, LLC

09/22/26
3111443

29088 Airpark Drive
Easton, MD 21601

CERTIFICATE OF
PUBLICATION
STATE OF : MARYLAND
COUNTY OF: Charles County

This is to certify that the annexed legal
advertisement has been published in the
publications and insertions listed below.
"Public Hearing - #TC-PH-ZTA-03-2026..." was
published in the:
Southern Maryland News
Southern Maryland News

09/11/26
09/18/26

NOTICE OF PUBLIC HEARING
PLANNING COMMISSION OF THE TOWN OF LA PLATA
October 6, 2026
The Planning Commission of the Town of La Plata will hold a public hearing on October
6, 2026, at 6:00 PM, or as soon thereafter as possible, at La Plata Town Hall (305 Queen
Anne St.) for the purpose of hearing public comment on the following:
Zoning Text Amendment (ZTA) 03-2026
Applicant: Town of La Plata, Maryland
Project Description:
To amend Section 191.48 (Landscaping) of Article V (Development Standards) of the La
Plata Municipal Code and to add new Article XI (Water Conservation), Section 191.98 (Water
Conservation and Emergency Restrictions) to establish water‑conservation regulations and
guidelines for the Town of La Plata, including water saving measures for the installation
and maintenance of landscaping. The proposed provisions will apply town‑wide.
At the public hearing all interested parties and citizens will have an opportunity to be
heard. Accommodation for persons with disabilities will be made upon request. Copies of
the proposed application are available for review at Town Hall by appointment or online at
https://laplatamd.portal.civicclerk.com/
You may contact Don Dooley by email at [email protected] or phone at (301) 9348421 for additional information.
Don Dooley
Director of Planning
3111443 IN

9/11,9/18/2026

Orestes Baez
President & Publisher

Page 72 of 72

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