Municipal Incorporation Bill
Originally Published: March 18, 2024
Delegate Todd Morgan Asks for Opposition
HB1436 would streamline the requirements for an area to petition for incorporation as a municipality. Under current law, Residents of an area who wish to incorporate must collect at least 25% support among the registered voters of the defined area, or 20% of the voters and 25% of the owners of assessed real property in the area. Once support is gathered, the petition is presented to the County Commissioners who decide whether to grant a referendum on the next general election ballot. The County must appoint a liaison to work with the community’s organizing committee to develop a proposed charter for the municipality. If the referendum request is rejected, the County must provide reasons and establish procedures for reconsideration, including a public hearing.
The House Environment and Transportation Committee heard the bill on March 5th. Delegates Steve Johnson and Andre V. Johnson Jr. from Harford County were the sponers. They offered the town of Edgewood as an example of an area which would benefit from this legislation. Located halfway between Baltimore and Aberdeen, Edgewood has the highest concentration of minority populations in Harford County. A lack of diverse representation in public offices, and boards and committee appointments have disenfranchised Edgewood residents because they do not have someone to advocate on their behalf. The Delegates described this as a taxation without representation bill.
Justin Fiore, representing the Maryland Municipal League, said about 75 years ago the General Assembly gave up the power of incorporation to the counties. Prior to that, 150 municipalities were created, an average of one per year. Since the decision, only five municipalities have been created. Opposing the bill was Michael Sanderson, from the Maryland Association of Counties, who cited generalizations about tax concerns, land use, and adequate public facilities. Further, Sanderson suggested communities such as Edgewood, needing additional services, could become a special tax district for the county to raise funds for community needs.
Under the proposed law, residents of an area wanting to incorporate must gather support from at least 40% of registered voters within the defined area and REQUIRES the County Commissioners to place the referendum on the next general election ballot. Only voters within the specified area would vote in the referendum. The law also requires an organizing committee for the municipality to prepare a report on the fiscal effect of the incorporation on residents in the area, the surrounding areas, and the County; services the municipality is expected to provide; and any adverse economic effects on the County as a result of incorporation. The County is then required to post this report on its website.
The County Commissioners were first briefed on this bill during their legislative updates on February 13th, when Commissioner Hewitt said the bill is relevant for Lexington Park and perhaps the Community Development Commission could lead the effort of incorporation if the bill were to pass. Briefed again on March 12th, the Commissioners had an ask in front of them. Delegate Todd Morgan, former Commissioner for District 4 covering Lexington Park/Great Mills, sent a request for the Commissioners to submit a letter of opposition to HB1436. No explanation was provided other than HB1436 was heard in Morgan’s committee. All five Commissioners voted in favor of sending a letter of opposition to the bill although the hearing had occurred 7 days prior.
Interestingly, when I watched the committee hearing for HB1436, Delegate Todd Morgan did not offer thoughts or ask any questions. So what reasons did he have to oppose the bill?
Shown below is Lexington Park as defined by zip code 20653. This is just an example of what could be a municipality for illustrative purposes. If an organizing committee were to attempt incorporation of an area, that committee would decide the boundaries of the area.
Link to Bill Page: https://mgaleg.maryland.gov/.../Legisla.../Details/HB1436...
