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Real Estate Alert: Subdivision Staging Policy Developers Roundtable Hosted By M-NCPPC

January 27, 2020

On January 24, 2020, Shulman Rogers land use attorneys Nancy Regelin and Todd Brown participated in the Subdivision Staging Policy (SSP) Developers Roundtable hosted by The Maryland-National Capital Park and Planning Commission (M-NCPPC).  The SSP is the set of policy tools adopted by the Montgomery County Council for administration of the County’s Adequate Public Facilities Ordinance (APFO).

The SSP is updated every four years, with the next update occurring by November 15, 2020.  The APFO was first adopted in 1973 and is administered by the Montgomery County Planning Board when it considers real estate development applications.  The APFO is intended to assure adequate public facilities will be available to serve proposed development, including transportation facilities and public schools. 

At the Roundtable event, Nancy and Todd shared their views on different aspects of the SSP, potential amendments to the SSP, and other policy changes that might be considered prior to the County Council adopting an updated SSP in November.  Chief topics discussed included the persistence of residential development moratoria based on school adequacy, potential solutions to development moratoria issues, and the SSP’s overall impact on economic development in the County. 

Considering Montgomery County’s ongoing budgetary challenges and the reported economic success of nearby jurisdictions, a significant question posed by this year’s SSP update is whether the SSP can be transformed from what has long been perceived as an ever-changing, uncertain growth control mechanism into a useful tool for promoting the County’s economic development.

Nancy and Todd represent residential, commercial and mixed-use developers, builders, property owners and lenders in Montgomery County, Howard County and other jurisdictions.  For more information on land use regulation in Montgomery County and other DMV jurisdictions, please contact Nancy at 301-230-5224 or Todd at 301-230-6579.



Nancy Regelin

Todd Brown



The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Real Estate Department.