Politics & Government

Carroll County Won't Implement 'Rain Tax,' Will Absorb Mandated Fees

Instead of implementing a tax on citizens, Carroll County government will set aside funds to comply with the state mandated Stormwater Remediation Fee.

Carroll County's Board of Commissioners recently decided to set aside $20 million for a state mandated stormwater management program (also known as the "Rain Tax") instead of imposing a tax on citizens. 

"Citizens of our county are tired of this regulatory assault on them," Commissioner Richard Rothschild said. 

Stormwater runoff – rainwater that is not absorbed into the ground, but rolls along impervious surfaces, picking up debris, fertilizer and other pollutants – is a major source of pollutants in the Chesapeake Bay. 

The stormwater management fee, passed by the state legislature in 2012, goes into effect on July 1. 

See the text of the Bill and additional Stormwater Remediation Fee information.

Carroll County's Board of Commissioners said it supports continued stormwater management services, healthy watersheds, and clean tributaries. According to a news release, the Board believes that its past actions and future funding commitments to stormwater management projects constitute compliance.

The Board passed Resolution 888-2013 A-D that says the county will:

  • Create and fund a Watershed Protection and Restoration Fund (WPRF).
  • Continue to fund stormwater management projects by placing funds from a variety of sources including, but not limited to, grants, capital and general operating funds into the WPRF.
  • Staff will annually review and recommend to the Board of Commissioners funding for stormwater remediation to support the planned and programmed stormwater remediation activities in accordance with the county’s annual operating and six-year Community Investment Plan process.
  • Staff will annually compare stormwater remediation allocations to the resources projected to be available in the “Watershed Protection and Restoration Fund” for the fiscal year to advise the Board of recommended funding levels. Continue its commitment to funding stormwater services under the County’s NPDES permit (99-DP-3319).
Over the next six years, in accordance with state mandates, the county will continue its program of stormwater management services, according to a news release. The County expects the Maryland Department of the Environment (MDE) to require doubling of current efforts, which would require treating another 20 percent of impervious area, according to a news release. 

In anticipation of this, the County has budgeted approximately $20 million in new capital funding for projects to support the state's mandated stormwater management program. 

Commissioner Rothschild read his list of concerns with the state mandated stormwater management program, suggesting the mandates are not in compliance with federal laws. The Board voted 4-1 to adopt the list as a stand-alone document referencing Carroll County's stormwater management resolution. 

“I continue to be concerned by the lack of science behind various state and federal mandates,” Commissioner Rothschild said according to a statement. “And, if necessary, I believe we can demonstrate the state is not in compliance with federal laws that prohibit needlessly burdensome environmental legislation and regulation.”

Commissioner Doug Howard voted against adopting the document, saying that it's unnecessary because Rothschild's concerns are a matter of public record due to being read in open session.  

Commissioner Robin Frazier said that she is pleased that the Board of Commissioners found a way to comply with the state requirements without imposing a tax on citizens. 

“It has always been my position that we not set up a new fee or tax, even if only a penny like Frederick County passed,” Commissioner Robin Frazier said. “Once a fee is in place it can easily be raised. The Board expressed unity in its resolve to comply with HB987 by capturing the funds already budgeted as Carroll’s Watershed Protection and Restoration Fund and there will be no fee.” 

The 10 counties affected by the “rain tax” include Montgomery, Prince George’s, Howard, Anne Arundel, Carroll, Harford, Charles, Frederick, Baltimore, and Baltimore city.

Each county is finding its own way to deal with the fee.
  • Harford County: The charge for residential properties was set at $125 per year; however, taxpayers will only be required to pay $12.50 for the tax year beginning July 1, 2013.  During this initial phase-in, a task force set up by the Harford County Council to determine what the fees will be for subsequent years, according to the Harford County government website
  • Howard County: The county commissioners set the rate at $15 per 500 square feet of impervious surface for three years. That means the owner of a home with 2,640 square feet of impervious surface would pay $75 per year. A larger home with, for instance, a longer, impervious driveway totaling 12,540 square feet, would pay $375 per year, according to Elkridge Patch
  • Frederick County: Frederick County will charge eligible properties an annual fee of one penny, enough to net the county a grand total of $487.81 each year, according to the Frederick News Post
  • Anne Arundel: According to Anne Arundel Patch, under the current proposal, the average home owner in Anne Arundel County would pay about $85 each year.
  • Baltimore County: The Baltimore County Council passed a stormwater management fee of $21 for townhome owners and $39 for owners of single-family homes. Nonprofits will pay $20 per 2,000 square feet of impervious surface and businesses in the county will pay $69 per 2,000 square feet, according to Towson Patch
What do you think? Did Carroll County's commissioners do the right thing? Tell us in comments. 


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