2008 North County Institute

HOW TO BE TAKEN SERIOUSLY AT A ZONING HEARING:

Jack Murphy Reports and Richard Klein Comments

Former Deputy Zoning Commissioner Jack Murphy led the North County Institute in April and offered important insights into the mindset of the zoning hearing process. After emphasizing the difference between the Baltimore County administrative hearing legal model for zoning decisions and the political process establishing the regulations, he exploded three important myths, which we present below. Richard Klein of Community Environmental Defense Services, who led the March session on effective community association participation in hearings, then made comments.

Myth 1 -- Turnout at Hearings and Petitions make a Difference
Jack Murphy: In the quasi-judicial model of the zoning hearing, only legally introduced evidence subject to cross-examination is given any weight. The hearing officer will not be swayed by signed petitions or the number of persons in attendance or even the number testifying. It is the substance of the evidence presented that is important and is given weight. Community associations that have engineers and other experts testify offer evidence which Zoning Commissioners take seriously. Large citizen turnout and petitions may be good community organizing tactics but they are given little weight in making the final decision.

Richard Klein: The hearing does not take place in a vacuum. While the Hearing Officer may not have the authority to base their decision on hearing turnout and petitions this may have an effect on the likelihood that the applicant or the County will negotiate a satisfactory resolution of citizen concerns.

Myth 2 -- Master Plans have Effect on Hearing Outcomes
Jack Murphy: The Courts have consistently held -- and as recently as a month ago in the Court of Appeals in regard to a development in Western Maryland -- that Master Plan maps are only advisory. The County Charter specifically directs that the Master Plan is only advisory. Master Plans are policy views at 30,000 feet with not enough detail to provide binding guidance.

Richard Klein: 1000 Friends of Maryland is presently leading an effort to elevate the weight given master plans in development project review. How much impact this effort may have on the Baltimore County process remains to be seen.

Myth 3 -- The Zoning Commissioner is Free to Make a Decision as a Planner, Not as a Judge
Jack Murphy: The Zoning Commissioner is bound by the statutes and regulations as written. He/she does make findings of fact based upon the evidence presented but those facts have to be clearly documented and justified. And then the wording of the regulations and past court decisions determine the decision of the Zoning Commissioner. Unlike zoning cases, he has little discretion in development cases. The appellate courts will not substitute their judgment for that of the Zoning Commissioner but they will overturn his/her decisions based upon their reading of the law and regulations. ZoningCommissioners are not engaged in dispute resolution or planning. They are administrative judges.

Mr. Murphy has been presenting workshops on Zoning Hearings. He has given us the written material used in these workshops.

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