Updated January 6, 2024

On December 19, 2023, the Frederick County Council voted down a once-in-a-generation proposal to strengthen conservation and agricultural zoning on 19,700 acres in the southern part of the county.

The area in question in Frederick County is contiguous with Montgomery County’s Ag Reserve. It encompasses 3,400-acre Sugarloaf Mountain and an additional 16,300 acres to the east of the mountain all the way to I-270.

The vote came after a three-year process, which saw the Frederick County Council approve a comprehensive land-use plan—the Sugarloaf Mountain Treasured Landscape Management Plan—for the area in the fall of 2022. The Council struggled, however, to come to political consensus and agreement in 2022 and again in 2023 on an accompanying zoning ordinance—called an “overlay”—that would implement and enforce the plan’s land-use guidance.

That struggle occurred despite urging by Frederick County’s own planning commission and the Maryland’s Department of the Environment to approve the overlay.

In a nutshell, the debate pitted environmental and civic groups (including SCA) against developers, real estate interests, and business groups. The latter prevailed in a county long bent on loosely regulated growth.

The practical upshot is that the area’s existing zoning stays in place, with no updated conservation protections for natural resources, streams, trees or natural habitat— amid the known and unknown threats posed by climate change.

Importantly, that existing zoning largely prevents commercial and dense housing development without explicit permission from Frederick County authorities. But the failure of the Frederick County Council to enact the overlay opens up a path for developers and landowners to apply for zoning exemptions on a case-by-case basis.

Such applications are expected, particularly for 2,000 to 3,000 acres west of I-270 below Frederick. A developer named Tom Natelli owns a sizable chunk of that land. Natelli’s company built sections of Urbana. He has made numerous public comments in recent years that he sees the area west of I-270 as appropriate and ripe for commercial development. He opposed the overlay zoning and rallied other area landowners and realtors to his cause—especially those who didn’t want further “government restrictions” on what they can do with their land.

Frederick County is expected to take up land use planning for the I-270 corridor area this year or in 2025. We will be at the ready for that fight.

As for Sugarloaf Mountain, it’s not a target for development anytime soon. The mountain is zoned “Resource Conservation,” which would make developing it difficult. In addition, a non-profit company called Stronghold, Inc. owns and operates the mountain as a natural-area private park open to the public. They do this under the terms of a will and a charitable foundation that extends to 2046 (unless the company sought to dissolve or sell it sooner).

John Webster, president of Stronghold Inc.’s board of trustees, has stated recently that no development is planned for the mountain. However, the mountain’s zoning would not prevent Stronghold—perhaps partnered with local real estate developers—from buying open, farmed, and forested land adjacent to the mountain’s 3,400 acres and developing it. SCA takes such a future “Sugarloaf Estates” scenario seriously.

In addition, SCA plans to closely monitor Stronghold’s actions with regard to the public’s access to the mountain. In a move widely viewed as a shot across the bow of Frederick County government on the overlay debate, Stronghold closed the mountain to the public from mid-August until October 10, 2023. Stronghold claimed the closure was triggered by an attempted break-in at the rental event mansion on the mountain, and a consequent need to upgrade security. Notably, the mansion remained available to rent during most of the closure.

Security enhancements have been made on the Mountain. We checked them out. A few appear warranted and will make the mountain a safer environment for visitors. Other changes constitute overreach and were unnecessary in our view. For example, Stronghold permanently closed the convenient and popular parking lot at the base of the mountain and said the main gate will now be shut at 4pm every day—all-year-round. Both these actions have the affect of restricting public access to the mountain, especially during the daylight-savings period of the year.

We believe those measures go against the grain of the Will and Trust that established Stronghold 60 years ago as a non-profit “for the benefit of the public.”

Along with other regional environmental and conservation groups, SCA supported the overlay—with frequent testimony, letters and early involvement in the development of the Treasured Landscape Plan. The overlay’s demise signals the need for vigilance in years to come—with regard to the mountain and the I-270 corridor areas contiguous with the Ag Reserve. We pledge that vigilance.

SCA believes that no high-density development should be permitted on the west side of I-270 or surrounding Sugarloaf Mountain. This land should be preserved for open space, farming, and designated for conservation where appropriate.

We’ll keep you updated.

Protecting the Sugarloaf Mountain Area