There's a parcel, just under 1.5 acres, I drive past on my way to our Thompson Company office. It's been listed for a long time (not with me!) and every so often, we get calls about it. The questions are always the same: Why hasn't it sold? What's wrong with it?
In this case, the answer comes down to two specific issues: septic feasibility and Special Protection Area restrictions.
1. No Perc Approval on Record
For any property without public sewer, a successful perc test is step one. In Montgomery County, perc tests can only be performed during the wet season, when the ground is no longer frozen solid but groundwater levels are highest (typically Feb. 1st through April 15th). If a lot doesn't have a passing perc on record, buyers may face uncertainty from the start. They'll either have to purchase hoping a septic system is possible (I do not recommend), or they can't figure out this piece of the puzzle until the next testing period opens.
This particular parcel has no documented perc approval.
The listing notes a possible option to connect to public sewer at the next cross street. But there's a catch: the sewer line sits beyond a property owned by the U.S. Postal Service. Even if an easement were theoretically possible, the process would be lengthy, expensive, and far from guaranteed.
2. The Special Protection Areas (SPAs)
The second challenge is one many buyers - and even some agents - aren't familiar with.
This lot sits within the Upper Paint Branch Special Protection Area, a designated watershed where Montgomery County enforces strict environmental standards to protect high-quality streams.
What does that mean for buyers who want to build on such a lot?
Only 8% of the property can be covered by impervious surfaces. That 8% includes: the house footprint, driveway, walkways, patios, and detached garage or shed.
This limits the size and style of any future home, and will take creativity in site planning and construction. Buyers dreaming of a large new build, multi-car garage, or extensive hardscaping quickly realize that there dream is not possible on this parcel.
The SPA rules aren't arbitrary. They are designed to protect water quality, reduce runoff, and preserve the ecological health of the Upper Paint Branch. But they do create real constraints for anyone hoping to develop land within the boundary. The Upper Paint Branch is one of five designated Special Protection Areas in Montgomery county.
If you are considering purchasing land in an SPA having someone who understands the regulations, timelines, and practical implications makes all the difference. If you are preparing to sell a parcel in Montgomery County, then my best advice is to get all the site work done before you list. That will be the difference between sitting on the market for years, or actually selling.
By the way, that lot in Spencerville we keep getting calls about has no SPA disclosure attached to the listing. It sold for a lot more 20 years ago than they are asking for it now. This is another example why working with a buyer's agent and doing your due diligence before you buy is so important!
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