11785 Beltsville Drive
Calverton, MD 20705
30 Pinkney Street
Annapolis, MD 21401
403 East Charles Street
P.O. Box 2625
La Plata, MD 20646
© Copyright 2007-09, O'Malley, Miles, Nylen & Gilmore, P.A.
The attorneys of
the Administrative Law & Government Relations Practice Group represent our
clients at all levels of State, County, Municipal and local governmental
authorities and agencies. We are engaged to assist our clients in obtaining
project approvals through the administrative and legislative process as
necessary to achieve their business objectives. Our attorneys have extensive
experience working with agency professional staff and appearing before a
myriad of governmental and quasi-governmental regulatory bodies.
The Administrative Law & Government Relations Practice Group is
configured into four (4) major categories: Land Use & Zoning; Government
Relations and Lobbying; Administrative and Regulatory Proceedings; Alcoholic
Beverage and Business Licenses.
Land Use and Zoning
Our attorneys diligently represent our clients’
interests to achieve their business goals in the land use and zoning arena.
We have extensive experience in all levels of the review and approval
process required to achieve plan approvals and bring projects to fruition,
including the following:
The zoning process may include
representation of clients’ interests through the comprehensive zoning,
or Master Plan process, including comprehensive rezoning, or in
individual piecemeal rezoning applications. Our attorneys have the
knowledge and experience to advise our clients as to zoning objectives
and strategies that will be most advantageous for their development
projects. We are also experienced in analyzing the complexities of
the Zoning Ordinance to address issues that may arise in the application
of the Ordinance to specific properties. We are prepared to work with
you and your development team to accomplish your goals.
The subdivision of land is a necessary
component of the development process. In addition to establishing legal
boundaries of lots and parcels, this process also deals with other
significant issues such as road and open space dedication and compliance
with adequate public facilities ordinances. We are prepared to
assist you in evaluating issues likely to be raised in your subdivision
application and working with you through the approval of the both the
preliminary plan and final plat of subdivision.
Site Plans may consist of conceptual site
plans, detailed site plans, comprehensive design plans, or specific
design plans. Typically these plans will address issues including
project design, zoning regulations, environmental compliance, parking
and circulation, landscaping, and architecture. Whether you are
pursuing a small retail center or a major mixed-use, transit-oriented
development, we are ready to assist in the preparation, negotiation, and
completion of the project site plan process. Through project team
meetings to initial staff review and all the way through final appeals,
our attorneys are ready to assist you.
Some uses are permitted in various zones,
but are subject to approval of a special exception. We have represented
many businesses through this process, including sand and gravel
operations; rubble fills; and car washes. Each case is unique, and
we are prepared to help you evaluate your particular circumstances and
to develop and implement the strategy to most effectively and
efficiently achieve your goal.
Some projects require specialized
environmental approvals involving federal, state, or local agencies.
Our attorneys have successfully assisted our clients to obtain approvals
for impacts to Maryland’s designated Critical Area; non-tidal and tidal
wetlands; endangered species; forests; and other environmentally
sensitive matters. We have experience representing our clients in
negotiations with the Maryland Department of the Environment; the
Maryland Department of Natural Resources; the Critical Area Commission;
the Board of Public Works; and other federal and local agencies.
Historic Preservation &
We have extensive experience in the field
of Historic Preservation and Archeology as it relates to the development
process. We frequently represent our clients in issues concerning
historic resources and historic site designations, delineation of
appropriate environmental settings and issues related to preservation of
historic cemeteries. We have frequent interaction on behalf of our
clients with local historic preservation staff and Historic Preservation
Commissions as well as with the Maryland Historical Trust at the State
level. We are frequently able to resolve issues concerning Historic
Preservation and Archeology in a manner which enables proposed
developments to proceed while satisfying the requirements of applicable
ordinances and regulations.
Green Building &
William M. Shipp, and
Megan L. Reuwer comprise O'Malley, Miles, Nylen & Gilmore's Green
Building Practice Group. They are United States
Green Building Council LEED (Leadership in Energy and Environmental
Design) accredited professionals. As LEED AP’s, they possess the
knowledge to help clients evaluate the requirements and benefits of
sustainable building practices and counsel owners, construction
consultants, and others involved in the development, construction, and
financing of sustainable buildings. We also offer a menu of services
relating to green building practices outside of the LEED context.
Contact any of us individually to learn more about our services.
Additionally, Megan L. Reuwer provides a comprehensive analysis of
environmental laws, green standards, and sustainability issues impacting
Maryland on her legal blog,
www.buildingagreenmaryland.com. We encourage you to subscribe to her
blog to receive weekly updates on issues impacting this continuously
evolving field of law.
Nonconforming Use Certification
Certain uses are rendered non-compliant
with the Zoning Ordinance as regulations change over time. When this
occurs, in order to preserve a project’s grandfathered status, you may
be required to obtain a certification of a non-conforming use. This
process may proceed administratively or may require public hearings. In
either case, we are prepared to assist you in gathering the necessary
documentation and pursuing the approvals required to obtain a valid
occupancy permit for a non-conforming use. This type of approval is
often required by lenders when refinancing projects, or may be required
to preserve the ability to rebuild the project in the event of a
Variances & Departures
Occasionally, due to unique site
conditions or project requirements, it is not possible to satisfy all
regulations within the Zoning Ordinance. Examples include setbacks,
buffer yards, parking and loading space requirements. As part of the
review process, we will work with your team to determine the necessary
variances or departures that may be required for your project, and build
the legal arguments to justify the granting of necessary waivers or
Permit Issuance & Compliance
Once a project is fully approved with all
necessary entitlements, the development process shifts focus to permit
review and issuance. In most cases, extensive involvement by legal
counsel is not required at this stage of the project. Specific issues
may arise, however, that threaten to delay the progress of construction.
Our attorneys are experienced in assisting clients to resolve permit
review problems, use classification issues, bond and letter of credit
matters, and site inspection and zoning violation issues.
Lenders and contract purchasers often need
assistance in determining the status of zoning and subdivision approvals
for a particular project. We are prepared to assist in due diligence
analysis which may include review of zoning and subdivision approvals,
environmental and historic preservation reports, and other land use
issues. This may include gathering records from various public
files and investigating a project's approval status, including a review
of the numerous conditions of approval that are often included with plan
approvals. We will work with you and your team to assess the status of
the entitlement approvals for a specific property and help you clarify
areas of confusion in the project's approval status.
Government Relations and Lobbying
O’Malley, Miles, Nylen & Gilmore, P.A. has a long
and respected history representing and lobbying for clients before federal,
state and local regulatory agencies and legislative bodies.
We represent large companies, real estate development companies,
local businesses, trade organizations, and municipalities.
We represent our clients in government contract proposals for major
government initiatives such as tax increment financing, and we also
coordinate our clients’ efforts to file and pursue government requests for
proposals (RFP’s) for joint development proposals.
Administrative and Regulatory Proceedings
O’Malley, Miles, Nylen & Gilmore, P.A. has served as
legal counsel to governmental authorities on a variety of issues.
Our attorneys represent our clients’ interests before regional,
municipal, county and state agencies, in matters including Maryland
Occupational Safety and Health issues (MOSHA), health care related
processes, and appearances before local licensing boards.
Alcoholic Beverage and Business Licenses
The firm represents clients’ interests in alcoholic
beverage licensing matters in numerous jurisdictions throughout the
Baltimore/Washington metropolitan area.
Areas of representation include obtaining new and renewal licenses,
transferring licenses, and monitoring licenses to ensure compliance with
applicable regulations. Our
attorneys are also experienced in defending our clients who are charged with
license regulation violations