In a positive step for forest conservation and clean water, Harford County has reached a settlement that will rescind the approvals for Abingdon Business Park and require developers to reforest parts of the property.
The project developers, BTC III I-95 Logistics Center will no longer move forward with planned development. The settlement requires them to stabilize the 327-acre site and install stormwater management. It will also require reforestation and revegetation on the property, which is just upstream of Bush River, and will help mitigate pollution in local waterways. The landowner, Harford Investors LLP, retains the right to develop the property in the future, but would be required to resubmit future warehouse construction plans.
The business park’s original plan, approved by Harford County Department of Planning and Zoning, involved the clearing of a 220-acre forest, including 49 large and ecologically valuable specimen trees, to build warehouses. Despite legal action against this plan, much of the forest had already been cleared in the property’s center, including 29 of the 49 specimen trees.
Since 2019, the Chesapeake Bay Foundation (CBF) has argued, in various jurisdictions, that Abingdon Business Park’s forest conservation plan, which included a specimen tree waiver, was inadequate.
CBF filed a lawsuit in 2020, seeking judicial review of the plan, arguing it was against the 1991 Maryland Forest Conservation Act which requires specific strategies for retaining, reforesting, and protecting forest areas tied to new development. This lawsuit led to a landmark ruling in the Maryland Court of Appeals declaring that forest conservation plans can be legally challenged. Forests are essential to improving water quality, providing habitat for wildlife, and supporting healthy communities.
Following this landmark ruling, CBF filed multiple injunctions, and in May 2023, a Harford County Circuit Court judge agreed with CBF and issued a stop work order on future tree clearing at Abingdon Woods. Appeals from the developers followed, but ultimately resulted in this settlement which will require them to reforest roughly four acres of the property and revegetate much of the cleared area as meadow.
Paul Smail, CBF’s Vice President for Litigation and General Counsel, said in a statement:
“This is a promising step for the future of Maryland’s forests. Despite the damage that’s already been done at Abingdon Woods, this settlement between Harford County and the developers is a step in the right direction. For many years, CBF has urged jurisdictions to hold developers accountable and deny their inadequate forest conservation plans. These actions led to a landmark ruling that will keep Maryland forests better protected from harmful development.
“Any reforestation at Abingdon Woods—even only four acres, two of which will restore the buffer adjacent to residences—will support healthier waters in Haha Branch, which flows into the Bush River, and ultimately the Chesapeake Bay. Bush River is already classified as impaired due to high levels of sediment from stormwater runoff. This settlement will have a positive impact, not only on the environment, but for community health, and the everyday lives of Harford County residents.”
