Baltimore County’s inspector general has cleared a Planning Board member of alleged misconduct arising from applications to rezone properties outside of their area of responsibility, but says the board should establish rules to prevent similar actions.

Some residents had complained to the inspector general’s office that the Planning Board member, who was not publicly identified, overstepped their authority in applying for rezonings outside of their coverage area during the Comprehensive Zoning Map Process.

In a report released Wednesday, county Inspector General Kelly Madigan found no wrongdoing by the Planning Board member, mainly because the board has no rules prohibiting the conduct.

Madigan said her report “could be a vehicle” for discussions by the county administration and County Council about the comprehensive rezoning process, including the Planning Board’s role.

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“There should be broad-brush strokes that govern what you want a Planning Board member to be applying for,” Madigan said.

Planning Board members typically limit their actions to their assigned area, according to Madigan’s report.

From 2016 to 2024, the Planning Board submitted 38 of the 1,213 rezoning applications. Of those, only six applications — all from the member in question — covered properties outside their jurisdiction.

In one of the applications, an attorney who filed forms through the Planning Board member wanted to rezone a single rowhome on a block packed with these buildings, Madigan said. This is permissible because “there is no requirement that applications filed by a Planning Board member be consistent with the Master Plan or reflect the sentiment of the rest of the Planning Board,” the report states.

“The average person should be concerned that property is being rezoned and there’s no policies and procedures governing the Planning Board and responsibilities,” Madigan said in a phone interview. “One would think there should be rules governing [what the] planning board can and can’t do.”

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Planning Board members interviewed by the inspector general’s office voiced concern over the member’s rare actions, according to the report. Applying “for a zoning change in an area that you do not live in without calling or talking to the person who represents that area is inappropriate,” one planning board member said.

The rezoning process typically requires those who want a land parcel rezoned to pay $1,000 to $1,500 to submit an application by mid-October. A public hearing is held, after which the Planning Board makes a recommendation and the council approves or denies the project.

Members of the Planning Board can also file such applications, though they don’t have to pay a fee and can file shortly after the public filing deadline. In this case, the unnamed member claims to have filed four applications in 2024 for an attorney who missed the public filing deadline, according to the report.

The report’s findings prompted Madigan to suggest seven steps to the Planning Board, including the implementation of policies that outline the board’s responsibilities and ethical considerations and require people on the board who want to advance zoning applications outside their jurisdiction to notify the appropriate member. Madigan also suggested that the county collect a fee from those who have Planning Board or council members file on their behalf.

In a response, County Administrative Officer D’Andrea Walker said, “The Administration and its Department of Planning … will work with the Planning Board and its Chair to study the feasibility and benefit of implementing the recommended actions within the report.”

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The report comes amid a maelstrom of hyperlocal zoning disputes.

“Just because something isn’t illegal doesn’t mean it’s wrong,” said County Councilman David Marks, a Republican, who has overseen a litany of zoning disputes in his east Baltimore County district over the past few years.

People who file applications through a Planning Board member, he noted, can avoid the hefty application fee.

“Planning Board members get paid several thousand dollars. They should be held to a higher level of scrutiny,” Marks said.

County voters voted last fall to amend the county charter to limit the terms of Planning Board members and require County Council confirmation for all nominees. Previously, the county executive and individual council members made appointments to the 15-member board, with the council only approving the chair and vice chair. Members serve three-year terms, and the council last year approved paying them $15,000 a year and the chair $20,000 a year.

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“People know who their council members are. They … can ask them at public meetings why they’ve done that,” he said. “The Planning Board for many years has operated in the shadows, and that’s what we were trying to do with that charter change.”

Marks said the council is aware of the need for reforms. “Hopefully, people understand change is coming.”