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Montgomery County Council Meets on July 28 to Vote on Data Center Moratorium and Zoning Measure to Establish Clear Definitions and Limitations on Data Centers in the County |
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Also on July 28: Council will discuss long term solid waste disposal alternatives, vote on bond authorization legislation for the VIVA White Oak Development District, and receive presentations from the Council’s Summer Fellows Program participants |
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For Immediate Release: July 27, 2026 |
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The Montgomery County Council will meet on Tuesday, July 28 at 9:15 a.m. and the meeting will begin with a proclamation, presented by Councilmember Andrew Friedson, recognizing National Farmers Market Week.
More detail on each agenda item is provided below.
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Nomination and confirmation of appointment to the Montgomery County Planning Board
Vote expected: The Council is expected to vote on the nomination and confirmation of a full-term Commissioner to the Montgomery County Planning Board. The Council conducted interviews on July 14 with James Hedrick and John Schlichting, who are candidates to fill the vacancy on the Montgomery County Planning Board. The Planning Board serves as the Council’s principal adviser on land use planning and community planning. Planning Board members also serve as commissioners of the Maryland-National Capital Park and Planning Commission. Members generally serve four-year terms and are limited to two full terms. Board members must live in Montgomery County and be registered to vote as a member of any political party or as unaffiliated. No more than three members of the Planning Board can be from the same political party.
Long Term Solid Waste Disposal Alternatives
Briefing/Discussion: The Council will discuss long-term solid waste disposal alternates. These possible options include the continued long-term operation of the County’s Resource Recovery Facility, long-haul to landfill alternatives, and the potential implementation of advanced waste processing. The Council received a briefing in July 2025 from Department of Environmental Protection (DEP) representatives about a proposal for the long-hauling of County waste by truck and disposal at an out-of-County landfill. The Council is expected to discuss the pros and cons of these options and their impact on future capital budgets and County’s Ten-Year Comprehensive Solid Waste Management Plan. Additional detail, including the presentation materials from the Department of Environmental Protection, is available in the Council staff report.
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Each item on the Council’s Consent Calendar can be found on the Council agenda for Tuesday, July 28, which is available on the Council website. |
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Unless otherwise noted, the Council will hold the following hybrid public hearings at 1:30 p.m. Residents can visit the Council website to learn about the multiple ways to provide testimony.
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Resolution to approve Special Appropriation #27-2 to the FY27 Capital Budget and Amendment to the FY27-32 Capital Improvements Program, Montgomery County Government, Department of Technology and Enterprise Business Solutions, FiberNet (No. P509651), $4,251,202
Public hearing and vote expected: The Council will hold a public hearing and is expected to vote on more than $4.2 million special appropriation for the installation of 50 miles of new fiber-optic cable and associated hub-site equipment to enhance the resiliency and capacity of the FiberNet communications network. The increase is needed to recognize a Maryland Department of Housing and Community Development’s Connect Maryland Network Infrastructure pass through grant award.
Resolution to approve Supplemental Appropriation #27-4 to the FY27 Operating Budget, Montgomery County Public Schools, Maryland Grow Your Own Educators Grant, $6,049,358
Public hearing and vote expected: The Council will hold a public hearing and is expected to vote on a more than $6 million supplemental appropriation for Montgomery County Public Schools (MCPS) from the Maryland Grow Your Own Educators Grant Program. The funds will provide pathways to degree attainment and teacher licensure for current MCPS school staff. The grant award consists of funding allocations for a teacher apprenticeship program, a para-to-teacher pathway and an accelerated Master of Arts in teaching for conditional teachers and paraeducators pathway. The grant funds will fully cover tuition, fees, instructional materials and licensure assessments for program participants to remove financial and structural barriers to participation.
Resolution to approve Special Appropriation #27-5 to the FY27 Operating Budget, Montgomery County Government, Department of Health and Human Services, State of Maryland Community Health Resources Commission (CHRC), $12,000,000
Public hearing and vote expected: The Council will hold a public hearing and is expected to vote on $12 million special appropriation for the Department of Health and Human Services (DHHS) awarded by the State of Maryland Community Health Resources Commission. The funds will be used to coordinate behavioral health coverage for MCPS to reduce absenteeism, improve mental health outcomes and strengthen family engagement.
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Zoning Text Amendment (ZTA) 26-11, Temporary Uses - Benefit Performance
Introduction: Lead sponsor Councilmember Dawn Luedtke will introduce Zoning Text Amendment (ZTA) 26-11, Temporary Uses – Benefit Performance, which would amend the requirements for a benefit performance by removing the requirement to obtain consent from 75 percent of neighbors and adding a requirement that public safety agencies be notified. A benefit performance is an event conducted and operated by a nonprofit organization within Montgomery County and for which the net proceeds of the benefit performance are exclusively for the benefit of the organization.
Under the current Zoning Ordinance, a benefit performance that is not held by a private club, a religious institution, a fire department, a public school or a nationally chartered service or veterans' organization must be a minimum of 600 feet from any dwelling, unless 75 percent of the occupants of the dwellings within that 600 feet consent to the performance. ZTA 26-11 would remove the requirement to obtain consent and instead require notice to all dwellings within 600 feet, if the benefit performance is held for more than one day. ZTA 26-11 will also require that certain public safety agencies be notified upon receipt of an application for a benefit performance.
A public hearing is scheduled for Sept. 15.
Zoning Text Amendment (ZTA) 26-05, Expedited Approval Plan - Job Creation Project
Vote expected: The Council is expected to vote on ZTA 26-05, Expedited Approval Plan - Job Creation Project, which would rename the Signature Business Headquarters to the Job Creation Project and amend the definition of the project. In addition, the legislation would expand the eligibility requirements for a Job Creation Project by allowing this use in more zones. The purpose of the ZTA is to attract employers in strategic industries, spur job creation and boost economic development.
In May 2018, the District Council adopted ZTA 18-05, Uses, Use Standards and Regulatory Approvals - Signature Business Headquarters, which created the use Signature Business Headquarters and provided an expedited approval process for that use. In addition to the amended definition and expanded eligibility requirements, ZTA 26-05 will lower the number of required employees from 20,000 to 200, remove the requirement that it be the headquarters or primary place of business, require the business to be identified as a strategic industry sector in the current Economic Development Strategic Plan, and have received County or state funding or incentives; and provide additional enforcement provisions.
The lead sponsor of ZTA 26-05 is Council President Natali Fani-González. Councilmembers Sidney Katz, Friedson, Council Vice President Marilyn Balcombe, Councilmembers Laurie-Anne Sayles, Will Jawando, Evan Glass, Shebra Evans, Kate Stewart and Luedtke are cosponsors of ZTA 26-05. PHP Committee recommends enactment with amendments. Additional details are available in the Council staff report.
Zoning Text Amendment (ZTA) 26-08, Nonconforming Use Reinstatement
Vote expected: The Council is expected to vote on ZTA 26-08, Nonconforming Use – Reinstatement, which would allow the reinstatement of a nonconforming use that has been abandoned for less than five years. A nonconforming use is a use that was lawful when established but no longer conforms to the requirements of the zone in which it is located. The ZTA requires approval by the Hearing Examiner, with the opportunity for a hearing if objections are raised, to reinstate a nonconforming use.
Councilmember Friedson is the lead sponsor of ZTA 26-08. The Planning, Housing and Parks (PHP) Committee recommends approval with an amendment to clarify that the prior use that should be reviewed by Department of Permitting Services (DPS) staff is the prior nonconforming use, not any intervening use that may have been conforming.
Sectional Map Amendment (SMA) H-162 - Clarksburg Gateway Sector Plan
Vote expected: The Council is expected to vote on Sectional Map Amendment (SMA) H-162, which is a comprehensive rezoning application to implement the zoning recommendations contained in the approved and adopted 2026 Clarksburg Gateway Sector Plan. The master plan sets forth the specific land use and zoning recommendations for the Clarksburg Gateway Sector Plan area. The SMA application covers a plan area of approximately 846 acres, of which approximately 604 acres are proposed for change in zoning classification, including 162 acres of overlay zoning changes. The remaining 242 acres are proposed to be reconfirmed in their existing zoning classification.
The Council approved the 2026 Clarksburg Gateway Sector Plan on March 24. The recommended plan establishes a new vision for a more complete, connected and sustainable Clarksburg community. The recommendations in the plan are focused on shaping future development and improvements to the transportation network, providing additional recreational opportunities for residents, advancing the County’s housing and economic goals, and preserving and protecting the natural environment.
Zoning Text Amendment (ZTA) 26-01, Commercial Uses - Data Center
Vote expected: The Council is expected to vote on ZTA 26-01, Commercial Uses - Data Center. ZTA 26-01, as amended, would establish clear definitions for data center use and prohibit the use throughout the County. The purpose of the amendment is to maintain the status quo while allowing the necessary time for the Council to deliberate regarding appropriate guardrails for large data centers in the County. ZTA 26-01, as originally introduced, would amend the Zoning Ordinance to define data center as a new use subject to zoning requirements, specify the zones where data centers may locate in the County as conditional uses, and establish minimum standards for the location of data centers in the County.
The lead sponsors of ZTA 26-01 are Council President Fani-González, Council Vice President Balcombe and Councilmember Sayles. The PHP Committee recommends approval with amendments to define large-load data centers, preclude the data centers from locating anywhere within the County at this time, and clarify that the ZTA applies to any application that has not yet received a building permit by the Department of Permitting Services.
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Expedited Bill 19-26, Buildings - Moratorium on Permits for Data Centers - Established
Vote expected: The Council is expected to vote on Expedited Bill 19-26, Buildings - Moratorium on Permits for Data Centers – Established, which would establish a temporary moratorium on permits for a data center. The moratorium would suspend permit approval processing for 18 months after the bill would take effect. The aim of the bill is to allow the County time to study, evaluate and adopt appropriate laws, zoning requirements or regulations governing the permitting of data centers in the County.
The lead sponsor of Expedited Bill 19-26 is Councilmember Evan Glass. The Economic Development (ECON) Committee recommends approval with amendments. The committee amendments include modifying the definition of data center to remove language that would exclude data centers classified as cable communications systems; clarifying that a conditional use application for a data center submitted for regulatory review (before or after the bill’s effective date) or approved but without a building permit would be subject to the moratorium; and extending the duration of the moratorium to 18 months.
Bill 12-26, Finance - Payments to Service Providers for Persons with Developmental Disabilities
Vote expected: The Council is expected to vote on Bill 12-26, Finance - Payments to Service Providers for Persons with Developmental Disabilities, which would amend requirements concerning the formulation of payment to certain service providers for persons with developmental disabilities in the County and amend eligibility criteria to receive payment.
The purpose of the bill is to amend the County Code to reflect current practices. Currently, providers of services to people with developmental disabilities no longer use the wage target in their request for funding, and the requirement to pay staff 125 percent of the County’s minimum wage was removed from the operating budget resolution in FY20. Bill 11-26 would eliminate the requirement that DHHS provide the County Executive and Council with a calculation of the amount of payment under the Development Disability Supplement considering state reimbursements, the cost of providing services, and a wage target equivalent to 125 percent of the County minimum wage.
The lead sponsor of Bill 12-26 is the Council President at the request of the County Executive. The HHS Committee recommends enactment.
Expedited Bill 31-26, Bond Authorization - VIVA White Oak Development District
Vote expected: The Council is expected to vote on Expedited Bill 31-26, Bond Authorization - VIVA White Oak Development District, which would authorize the County to issue and sell special obligation bonds in an amount sufficient to fund all or a portion of the costs of certain projects and improvements in the VIVA White Oak Development District. The aggregate principal amount of the bonds would not exceed $420 million. The bonds would be special obligations of the County and do not constitute general obligations of the County or a pledge of the County’s full faith and credit. The bill dictates that the bonds may be sold at private sale or publicly by soliciting competitive bids, at the discretion of the County Executive.
On April 30, 2025, the County Executive transmitted to the Council a request that a development district be created in White Oak. On July 8, 2025, the Council adopted Resolution No. 20-875, setting forth its intent to create the development district. On Feb. 24, the Council adopted Resolution No. 20-1039, creating the Viva White Oak Development District.
The lead sponsor is the Council President at the request of the County Executive. The joint Government Operations and Fiscal Policy (GO) and ECON Committee recommends enactment with an amendment which would require the County Executive to seek and obtain the approval of the Council by resolution prior to the issuance of bonds that would bring the cumulative debt under the bill’s authorization above both $220 million and $320 million.
Bill 33-26, Cable Communications - Community Media Organizations – Requirements
Introduction: Lead sponsor Councilmember Stewart will introduce Bill 33-26, Cable Communications - Community Media Organizations – Requirement, which would require a community media organization that contracts with the County to adopt a racial equity and social justice statement. In addition, Bill 33-26 would require a community media organization that contracts with the County to include certain membership on the organization’s board of directors and require the community media organization to follow certain standards of public ethics and public access. The purpose of Bill 33-26 is to improve the governance structure of community media organizations in the County.
Council Vice President Balcombe and Councilmembers Katz and Evans are cosponsors of Bill 33-26. A public hearing is scheduled for Sept. 15.
Bill 38-26, Discriminatory Housing Practices and Early Lease Termination – Amendments
Introduction: Lead sponsor Councilmember Kristin Mink will introduce Bill 38-26, Discriminatory Housing Practices and Early Lease Termination – Amendments, which would prohibit discrimination based on citizenship or immigration status in the sale or rental of housing. In addition, Bill 38-26 would permit the landlord to allow early termination of a residential lease under certain circumstances. The purpose of Bill 38-26 is to expand the protected class under the County’s fair housing law to include citizenship and immigration status. A landlord or realtor would be prohibited from discriminating against an individual because the individual or their family is from another country, in an active immigration proceeding, undocumented or has an immigrant visa.
Councilmembers Stewart and Jawando are cosponsors of Bill 38-26. A public hearing is scheduled for Sept. 15.
Amendments to the Comprehensive Water Supply and Sewerage Systems Plan: Water and Sewer Category Change Requests
Review and vote expected: The Council will review and is expected to vote on four water and sewer category change requests. The first applicant is requesting public sewer to serve a proposed single-family home in Potomac. The second applicant is requesting public sewer to serve a proposed assisted living facility in Boyds. The third is requesting public sewer to serve a renovated, expanded place of worship in Spencerville. The fourth is requesting public sewer to serve an existing single-family home and an additional structure with domestic units. Additional detail is available in the Council staff report.
Summer Fellows Program
Presentations: The Council will receive a presentation from the Montgomery County Council Summer Fellows. This is the Council’s 10th consecutive year hosting the 10-week program, which enables students in policy-related graduate programs to gain local government experience. The program provides participants with experience across multiple fields and the opportunity to work directly with decision-makers on ongoing projects, policy analyses and self-selected research projects. The 2026 cohort of fellows will present their research and preliminary recommendations to the Council at its last summer session, followed by the transmittal of their research papers at the conclusion of the program.
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The Council meeting schedule may change from time to time. View the current Council and Committee agendas, Council staff reports and additional information on items scheduled for Council review on the Council website.
Council and committee meetings are streamed live on the Council’s web page via YouTube and on Facebook Live and can be watched on County Cable Montgomery on Xfinity/RCN 6 HD 996/1056, Fios 30, and on the CCM live stream.
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Contact:
Sonya Healy
240-777-7926
Sonya.Healy@montgomerycountymd.gov
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Additional Contact:
Genevieve Kurtz
240-777-7805
Genevieve.Kurtz@montgomerycountymd.gov
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