Vote Near on Land Preservation Plan Opposed by Developers

Prince George's County leaders could decide today whether to approve a plan to preserve open land and control sprawl by allowing the transfer of development rights from rural to more-populated areas -- a heavily lobbied issue that pits developers and the county executive against farmers and environmentalists.

Developers argue that the measure would have unintended consequences, including halting some types of projects the county has tried to attract for years, at a time when the industry is suffering from the economic downturn. But supporters say it is needed to promote "smart growth" and preserve the county's heritage.

The concept, known as a transferable development rights (TDR) program, is loosely based on a program that has operated in Montgomery County for the past 27 years and has helped to preserve about 70,000 acres.

Under the plan, a developer who intends to build residential units in an area such as Bowie, Largo or Suitland would have to buy a certain number of TDRs in a rural region to move the project forward.

For example, if the developer wanted to build a 100-unit project, he would have to buy five TDRs from a landowner in the rural region, who would have to give up future rights to sell the property for development. In exchange, the county would offer the developer 5 percent more density on his project.

"It should create a preservation agricultural area that retains some of the county's heritage and controls sprawl, which will help focus our limited financial resources on the developed areas . . . where we really need it," said County Council member Thomas E. Dernoga (D-Laurel), a bill sponsor.

The landowners and the developers have built strong coalitions to support their positions, and attendance at today's County Council meeting is expected to be high. Council members have been involved in intense negotiations on the issue. Some sources familiar with the discussions, who spoke on condition of anonymity because of the nature of the talks, said votes for the next council chairmanship are on the table.

Dernoga said developers are "pulling out all the stops" to kill the measure, but he said he is looking forward to a public hearing and vote on the legislation today. "The development community is used to getting free handouts from the county government, and they will do whatever it takes to prevent that gravy train from coming to an end," he said.

Developers who are opposed to the legislation say the bill is ambiguous, overreaching and unfair. "It places an excessive cost onto the developer," said Arthur Horne, a lawyer who represents numerous developers. "You're creating your own recession in Prince George's County" with this bill, he said.

The developers have a key ally in opposing the legislation.

County Executive Jack B. Johnson (D) sent a letter to the council chairman, Samuel H. Dean (D-Mitchellville), in which he wrote that although he applauded Dernoga's effort, he thought it was the wrong time to pursue such a program.

"This legislation would do harm to future development in general and current development projects in particular," he said. "In addition, the fiscal environment that the county is currently facing and the remaining time on our legislative calendar does not allow us proper time to study all of the issues surrounding such complex legislation."