Senate Bill 350
Small Parcel (Split-boundary) Annexation Legislation

The State of Maryland recently adopted Senate Bill 350 that allows municipalities to annex small parcels that are split by a municipal boundary. This State legislation presents the City of Hagerstown with an opportunity to correct the misalignment between city boundaries and property boundaries, to ensure that there is a fair accounting between receipt of City services and inside-city rates and payment of City property taxes, and to remove confusion for service providers in terms of responsibility for the provision of public services around the edges of the City of Hagerstown.

Split-boundary Situation in Hagerstown

In our research, we discovered that 96 parcels with split boundaries, that meet the parameters for annexation under SB 350, are receiving an assorted mix of services (e.g., City Light vs. Allegheny electric, City Police vs. County Sheriff, City trash vs. private hauler) and are subject to an assorted mix of taxing and fees (e.g., inside-city vs. outside-city water and wastewater rates, full City property taxes vs. partial City property taxes vs. no City property taxes). There is not always a connection between services received and taxes and fees assessed with these parcels. However, all of the properties are being served by the City Fire Department. We have been advised by the County Finance Director that the County considers the split-boundary parcels to be “in the City zone” and so, in June 2010, the County gave these properties the reduced County tax rate (the tax differential) for “City” properties. With this action, the County is indicating that the responsibility for public services to these properties resides with the City of Hagerstown.

City of Hagerstown Action

After reviewing staff’s analysis of the issues related to the split-boundary parcels, on June 14, 2010, the Mayor and City Council determined it would be in the best interests of the City to annex the unincorporated portions of these split-boundary parcels along our corporate boundaries and directed staff to move forward with the annexation process. On September 28, 2010, the Mayor and City Council awarded a contract to Davis, Renn and Associates, Inc. of Hagerstown to undertake a portion of the survey work needed to prepare a new corporate boundary plat for this annexation activity. A City survey crew will also undertake a portion of this work. On September 29th, the City of Hagerstown sent out 96 letters to property owners whose properties are currently split by the Hagerstown corporate boundary to inform them of this planned annexation process and that the survey crews will be in their neighborhood surveying their properties from October 2010 through January 2011.

Annexation Process

Once the corporate boundary plat is prepared in early 2011, the City of Hagerstown will begin the annexation process for the segments of these 96 parcels which are outside the city boundary. As a part of that process, there will be a public hearing to allow affected property owners and any other concerned citizens to voice their concerns to the Mayor and City Council. We anticipate that this hearing will be scheduled for mid- to late-spring. Property owners will receive notification of that hearing via mail in the month before the public hearing. Public notices will also be placed in the Herald Mail in the weeks prior to the hearing.

If you have any questions about this annexation activity, please email us at annexation@hagerstownmd.org.