Among the recommendations in the 2014 Ten Mile Creek Area Limited Amendment to the Clarksburg Master Plan was to realign a Frederick Road/MD 355 Bypass that had been envisioned in the original 1994 Master Plan for Clarksburg to reduce impacts on a large headwater wetland. Also, to minimize “disturbance of natural resources throughout the Ten Mile Creek Watershed, especially forests in the headwater areas”, grading of steep slopes also found in these areas, and direct impacts of new infrastructure. The realignment would also avoid the need to cross another stream - a tributary of LSTM 206, a subwatershed of Ten Mile Creek.

However, a Pre-Preliminary or “Concept Plan” application (720210010) submitted in December 2020 by the developer, Brookfield Washington LLC for the Miles-Coppola property, requesting a determination of the bypass alignment, sought approval of “Option Two”, which is the proposed bypass as had been originally envisioned in the 1994 plan. This bypass would be part of a larger plan to subdivide and develop the 98.35-acre Miles-Coppola property west of the intersection of MD 355/Frederick Road and MD 121/Clarksburg Road into 159 lots for 336 dwelling units. The amount of imperviousness associated with the development would be below the 15% limit in the Clarksburg East Overlay Zone, which covers the part of the Ten Mile Creek watershed east of I-270 but does not factor in widening of the road to facilitate the bypass. The project would also lead to the loss of 17 acres of headwater forest without any replanting requirement, which is legal under the County’s existing Forest Conservation Law.

The Planning staff report on the Concept Plan recommended Option Two despite greater environmental impacts because it would provide more intersection spacing and the intersection would be further west from the edge of the Clarksburg historic district. The report included a letter from MC Department of Transportation (DOT) which also recommended Option Two.

Friends of Ten Mile Creek submitted written testimony expressing concern about the bypass alignment as input to the hearing held June 10, 2021. FOTMC then sent an outline of these concerns to County Executive Elrich (6-26-2021), also asking him to assure that MC DOT implement the recommendations of the 2014 Ten Mile Creek Master Plan Amendment.

Nevertheless, the Planning Board recommended the Option Two alignment (MCPB resolution no. 21-051). However, the Planning Board also said that Option One would be acceptable if an intervening property could be acquired but that it was not part of the application they had been asked to consider. The intervening property is an “orphan property” on which there is no clear record of ownership.

In response to the subsequent Preliminary Plan (120220010), filed in August 2021, Planning staff requested revisions because the proposed alignment of the bypass was not in conformance with either the 2014 Ten Mile Creek Amended Master Plan, or the Planning Board approved concept plan, as it did not connect to MD 355. Friends of Ten Mile Creek sent another letter to County Executive Elrich (1-6-2022), calling attention to the Planning staff comments, and reiterating the request that he direct MC DOT to implement the recommendations of the 2014 Master Plan with respect to the bypass.

Friends of Ten Mile Creek subsequently submitted written testimony as input to the public hearing held July 21, 2022. At that hearing, the Planning Board voted to approve a revised Preliminary Plan that included Option One for the MD 355 bypass, on condition that the orphan property is acquired by the County or the Applicant within two years of the Plan approval. If this is not done, the Applicant will be able to seek alternative alignments. County Executive Elrich has since directed the County Attorney’s office to do whatever is necessary to facilitate acquisition of this property. 

Although Friends of Ten Mile Creek does not support building this bypass, assuming the property can be acquired, this decision by the Planning Board and the actions of the County Executive assure that, if built, it will be done in compliance with the amended Master Plan. It is the outcome Friends of Ten Mile Creek worked to achieve for over a year. We are grateful to Planning staff for requesting revisions to the Preliminary Plan. We also remain grateful for the ongoing support of the County Executive, who has been a champion for Ten Mile Creek since 2012 when, as then member of the County Council, he alerted community organizations to massive development plans in the Ten Mile Creek Watershed and played a lead role in the 2014 amendment of the Ten Mile Creek Master Plan. As CE, he continues to work with us to ensure that the Amended Master Plan is adhered to by County agencies.

The case demonstrates, yet again, that ongoing vigilance is needed to ensure that development conforms with the 2014 Amended Master Plan. The case also demonstrates the need to strengthen our Forest Conservation Law to, at a minimum, prevent further forest loss - particularly in areas that supply our drinking water.  As a member of the Montgomery County Forest Coalition, FOTMC is also working to achieve this goal, and expect action to be taken by the Montgomery County Council in the coming year.