The Washington times., 1936-04-09
RIGHT TO BUILD
NCANAL AREA
IS UPHELD

ROCKVILLE, Md, April 8.
The Maryland National Capital
Park and Planning Commission is
without authority to deny build
ing permits to residents living on
property of the C. and o. Canal
Company. just because they do
not comply with coming regula-
tions to the letter.
This ruling was handed down
today by Walter w. Dawson,
counsel to the Park and Planning
Commission. in response to a re-
quest from park and Montgomery
county officials who wish to halt
further construction of dwellings
on this strip of property between
the now abandoned canal and
the Potomac River termed with
in the flood area.
Several applications Cor build
ing permits now in the hands Of
the Park and Planning Commits
sion, have been diSapproved by
that body on request Of the
county commissioners who wish
to halt rebuilding of the homes
destroyed by the recent flood in
that area and, in fact, halt
further construction Of any kind
on canal property, which is tax
exempt.
Refused Permits
Following the flood, when re-
Mobilization was started by the
Red Cross and local charitable
agencies, it was discovered that
many of the homes destroyed
had been located within this for
hidden area from which the
county receives no tax revenue.
The commissioners Immediately
ordered the county building in
spector, E. j. Gray, to refuse to
issue permits for reconstruction
of these destroyed homes, or to
any one who wished to construct
a building costing less than 3d.
500 unless they owned the land
on which the building was to be
erected.
Mr.. Gray found that officials
Of the canal company were will
ing to endorse applications for
building permits Of many of these
residents because they thought
they constituted what could be
termed desirable citizens, and be-
cause the canal company received
some revenue from them from
leases and rentals.
Mr.. Gray then handled the per-
mits in the usual manner and for
warded them to the Park and
Planning Commission for approval.
The Park Commission in turn
denied approval on grounds that
they did not comply with the
coming regulations inasmuch as
the proposed dwellings did not
face on a street or improved high
way. The commission informed
the county board members that
future applications would be
handled in the same manner.
After attorneys for the canal
company intimated they would
fight any attempt on the part Of
county officials to tell their clients
what they could do with their
own property, Mr.. Dawson's ruling
was requested
DaWSOn'S Ruling
In his ruling, Mr.. Dawson said:
"The Park and Planning Com
mission is vested with the
power to regulate and supervise
building construction in the
county, and also to regulate their
construction in regards to sani.
tary equipment and conditions.
These people are willing to al
low for this supervision of their
dwelling construction and have
signified a desire to have the
sanitary inspector for the county
supervise installation Of sani-
tary facilities.
81 feel that the clause in the
coming regulations regarding the
buildings facing q street or high
way is intended to govern con-
structiOn in subdivisions. This
area is ZOned residential and in
aSmuch as it never has been
Subdivided and in all probable
ity never will be, / do not think
1t should apply to this case.
81 found several cases IN Bal
timOre city where coming and
sanitary regulations were in
vOlved which guided me in rem
dering this decision"
A ~ MAA nm