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Chesapeake Bay Foundation fined $10K for violation

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HomesInAnnapolis.com

Crofton

Queenstown
Published July 24, 2008

The Chesapeake Bay Foundation often complains that shoreline development laws aren't enforced, but recently the highly respected environmental group found itself in a strange position — having to report itself for violating those laws.

The foundation paid a $10,000 administrative fine to Anne Arundel County this week for grading without a permit within the Critical Area, said Jonathan Hodgson, the county attorney.

The violation occurred near the Bay Bridge at the foundation's Holly Beach Farm property along the Severn River. A tenant who has a long-term lease on part of the land graded 5,000 square feet in preparation to build a barn, county and foundation officials said.

The foundation, which has owned the land since 2001, had agreed to allow the tenant to build the barn, said Mary Tod Winchester, the foundation's vice president of administration and operations.

But when foundation officials saw the work under way for the barn, they questioned whether all the permits were in order.

They weren't.

"When we realized the activity was going on, we called the county and turned ourselves in ... Because of who we are and what we stand for, we thought we had to do the right thing," Ms. Winchester said.

In addition to paying the fine, the foundation has to plant three times as many trees and shrubs as were removed during the grading, Ms. Winchester said.

The tenant has since applied for the proper grading permit, but it hasn't yet been granted.

Even though the foundation didn't do the work, as the property owner, it is liable under the law.

Fines can only be assessed to the owner of the property where laws were violated, Mr. Hodgson said.

He noted that the foundation didn't contest the fine and was cooperative. "They paid it without any kind of debate," he said.

The foundation acquired the 300-acre Holly Beach Farm in 2001 as part of a complicated seven-way, $7.25 million deal that involved government agencies and private groups. It has remained mostly undeveloped, although the foundation has done reforestation on parts of the land that were farmed and restored the shoreline. Holly Beach Farm also is a site for field trips for schoolchildren.

 

Reader comments: ( Post )
Comments solely reflect the views of and are the responsibility of users, not Capital Gazette Communications, Inc. or its suite of online properties including HometownAnnapolis.com, CapitalOnline.com, HometownGlenBurnie.com, and others. Readers may find some comments offensive or inaccurate. To comment, users agree to abide by rules of participation. If you believe a comment violates these rules, please notify us.
2 months 18 days 13 hours ago
CBF
The CBF had no choice but to "turn theirselves in"
Liz G. - Pasadena, MD
2 months 21 days 8 hours ago
Read it again
Didn't any one read this article?? It states that the CBF owns a property on Holly Beach Farm Road, on the Severn, and that they gave a tenant with a long term lease, permission to construct a barn. The tenant cleared 5000 sqft (probably alot more that that) of land in preparation to build when the CBF checked for permits and found none. Nothing at this point has been constructed. The tenant is in the process of securing the correct permits. It is admirable for the CBF to address this issue, as I would too, imagine the latter if they knew and didn't act. Now, after the fact of the land clearing, it is impossible to return land to it's original state, therefore, one can only measure up to the best of their ability. In this case, I don't believe the tenant acted in bad faith, I think he got permission from his landlords and thought that was all he needed. I wonder if this waterfront project will be fought against by Spadaro and the others as diligently as all the other development recently addressed in the media.
Debbie F. - Arnold, MD
2 months 21 days 10 hours ago
CBF is Great!
I do fully support the CBF and I will contuine to give them my support both financal and with volunteer hours. They did do the right thing by turning themselves in and by taking measures to correct the damage done.
Kristina P. - Easton, MD
2 months 21 days 10 hours ago
All fired up!
Finally...something for Robin to get all excited about! I think I could hear you hoopin and a hollerin the other night down in Churchton. I would absolutely agree that CBF needs to tear down whatever was built illegally and pay all appropriate fines and adhere to whatever remedies are ordered. Why shouldn't they be held to the same standard to which they advocate for other violators? However, it should be noted that they turned themselves in for this infraction. They were honest and open about this violation, unlike some who openly flout the law and still get away with it.
R. Black - Churchton, MD
2 months 21 days 11 hours ago
CBF is Great
An oversight by CBF and they took full responsiblity to prove once again how great and honest they are. Says right in the article it was the tennants fault. CBF is trying to watch the entire watershed and the bay. This is a monumental task. If you would do some volunteer work you would learn more about Saving the Bay. Look at today 25000 gal. raw sewage spills in Furnace Branch. CBF is trying to help with that problem also. I know most of them and they are great people. But I will continue to monitor as much as I can. CBF needs help not critisizism. If it were not for CBF the bay would be more of a sewage pit than it is now. Support CBF. Sincerely
B. White - Edgewater, MD
2 months 21 days 15 hours ago
CBF
The CBF did the correct thing when they learned of the mistake. Some questions: Was the building completed? What type of land was graded? The process of planting three times as many trees and shrubs on the land, as a penalty, could cause more run-off. They'll need to apply for even more permits to do it. Hopefully, common sense will rule in the end. The CBF does a lot of good for our bay. The CBF should take this just as seriously as the other violators they have condemned over the years.
Brian Nurmi - Annapolis, MD
2 months 21 days 15 hours ago
Thank you!
Thank you Nick! I was a little taken back to find myself being attacked on a story that I had not even had a chance to read yet .....
Kristina P. - Easton, MD
2 months 21 days 15 hours ago
Inappropriate comments
As comment moderator I’ll point out to Robin S. that I take a dim view of taking rude swipes at or egging on other users – especially when those users haven’t even commented on a particular story. I’m leaving Robin’s comments up because they’re relatively mild and we prefer to encourage a free-flow of ideas. We don’t, however, want a free-for-all. Refer to other comments but let’s keep it civil. Comments that are not will be deleted and repeat offenders will be dropped.
Nick Lundskow - Annapolis, MD
2 months 21 days 16 hours ago
Well
I was rather ill yesterday, but thank you for your concern Robin! And yes I think it is outragous that the CBF could allow for this to happen! I mean if the CBF isn't going to follow their own guidlines who will??? I am pleased to see that they did admit their wrong doing, however they should tear down the building and return the land to it's orginal state. I do believe the CBF does need to lead thru example ......
Kristina P. - Easton, MD
2 months 21 days 17 hours ago
CBF Fines
There is almost as much uproar on this story as when Chaney built several buildings @ Herrington North without a single permit. The silence was incredible then also......
Robin S. - Churchton, MD
2 months 21 days 17 hours ago
CBF Fines
Where is Sacred on this? What's up Amanda, tough to speak with a mouth full of feathers? Be carefull not to bite the hand that feeds you....
Robin S. - Churchton, MD
2 months 21 days 17 hours ago
CBF Fines
Where are all the riverkeepers on this? Where are S. Abbott, Kristina P.and R. Black? They should all be asking for the building to be razed and fines to be raised. The silence is deafening. I guess it must be tough to speak with a mouth full of crow!
Robin S. - Churchton, MD
2 months 22 days 4 hours ago
CBF fines
I think that the CBF should tear down the building, and regrade to the original grade. If they do not, they should NEVER say a word about ANY island properties. Lead through example!
Robin S. - Churchton, MD

 

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