California: The East Coast’s version of California’s redwoods are the ancient trees in a unique hemlock forest in Garrett County, according to J. Dirk Schwenk. If he could have one wish fulfilled, he would like the Maryland Department of Natural Resources to halt a project that would have destroyed many of the area’s centuries-old trees.
Permission For Development In Wild Yough Corridor
In an attempt to overturn a decision made by DNR Secretary Josh Kurtz that would have permitted development in the Youghiogheny Wild River Scenic Corridor, Schwenk of the Annapolis-based Baylaw, LLC submitted a nearly 700-page legal filing last week. The proposal by Garrett County officials to construct a new road and bridge on the state-protected area is at the center of the legal dispute.
In Schwenk’s court brief, it is emphasized that the DNR disregarded its own rules prohibiting the construction of roads, bridges, and clearing in Irreplaceable Natural Areas. Crucially, the DNR did not explain how replanting young trees might potentially compensate for the clear-cutting of old growth forest.
Conditional Permission
Garrett County was given conditional permission by Kurtz in August 2023 to build a new bridge on Swallow Falls Road within the Youghiogheny Wild River Scenic Corridor, which has been recognized by the state. The county sought the DNR’s permission to circumvent environmental regulations meant to stop development in the area, since it stated its intention to maintain the Swallow Falls Road bridge in place while a new bridge and road were constructed close by.
The plan’s detractors claimed it would uproot centuries-old trees, jeopardize a delicate ecosystem, and break regulations intended to safeguard the Wild Yough. They also demanded that the new bridge be constructed within the footprint of the current span, closing the road while it was being built. In September 2023, Steve Storck’s Yough Farms, LLC and The Old Growth Forest Network, represented by Schwenk, requested that Garrett County Circuit Court order Kurtz to revoke his countywide exception.
Dismissed Petitioners
Garrett County Circuit Court was petitioned to dismiss Storck and the other petitioners’ request in November by DNR and the Garrett County Board of Commissioners. Finan decided in April that DNR had enough evidence to determine that the exception was compliant with the Scenic and Wild Rivers Act and would not harm the river. Schwenk filed a brief for Yough Farms et al. with the Maryland Appellate Court last week.
When they reviewed the DNR materials, they discovered that both the DNR and the MDE explicitly ordered the county to plan to build the bridge in the existing footprint, but the county refused. In 2021, the Maryland Department of the Environment stated that it is concerning that the width of the limit of disturbance is three times that of the existing roadway. Garrett County was directed to plan the creation to fit the location, protect and avoid natural assets, protect and avoid steep slopes, and minimize disturbed areas.