A proposed zoning change that would require new gas stations, small-box discount stores and vape shops to undergo additional public review is advancing to a public hearing after receiving preliminary approval from the St. Mary's County Commissioners.

The commissioners voted 3-1 Tuesday to schedule a public hearing on the proposed zoning text amendment for July 14. Commissioner President Randy Guy was absent from the meeting. Commissioners Eric Colvin, Mike Alderson and Scott Ostrow voted in favor of moving the proposal forward, while Commissioner Mike Hewitt cast the lone dissenting vote calling the action “politically motivated.” All five commissioner seats are up for election this year.

Although commissioners did not specifically reference a proposed Royal Farms project during their discussion, county planning records show a concept plan has been submitted for a new convenience store and gas station in Callaway, where several similar businesses already operate nearby. Commissioner Alderson previously cited concerns about the potential construction of another gas station in an area where multiple stations already exist in close proximity.

The measure would require gas stations, vape shops and so-called "small box discount stores" to obtain conditional use approval from the Board of Appeals before proceeding through the county's development review process. Deputy County Attorney John Houser said the small-box discount store category is intended to cover businesses commonly referred to as dollar stores.

The issue has been under discussion for nearly a year. In July 2025, the commissioners reviewed research prepared by Houser after concerns were raised about what county documents described as the "perceived over-proliferation of similar uses already existing in close proximity."

According to Houser's findings, St. Mary's County has 48 gas stations, with approximately half located either in Charlotte Hall or within the Lexington Park Development District. His review also found that neighboring jurisdictions regulate such uses differently. Charles County imposes special requirements on larger gas stations, while Calvert County permits them only as conditional uses in town centers.

At the time, Commissioners Guy, Hewitt and Ostrow opposed reviewing additional regulations on gas stations or convenience stores. Hewitt, who owns the property leased for the Sheetz store in California, questioned whether an abundance of gas stations posed any measurable harm beyond public opinion. Guy argued that additional gas stations create competition, while Ostrow said it was not the government's role to dictate how property owners use their land.

The issue resurfaced May 12, 2026 when Alderson raised concerns about another gas station potentially locating near several existing stations. Alderson, Colvin and Ostrow directed the County Attorney's Office and the Department of Land Use and Growth Management to draft potential zoning changes for consideration despite continued opposition from Hewitt and Guy.

Houser told commissioners on June 2 that Maryland jurisdictions use several approaches to address perceived over-saturation of certain commercial uses. Some require applicants to demonstrate a public need for a project, while others establish minimum separation distances between similar businesses. He said the most straightforward approach for St. Mary's County would be to classify gas stations, vape shops and small-box discount stores as conditional uses. The information was also detailed in a memo prepared by Houser.

Under the proposed ordinance, applicants would first appear before the Board of Appeals, which would hold a public hearing and evaluate whether a proposed use is appropriate for its location and beneficial to the surrounding community. Projects approved by the board would then proceed through the county's existing development review process, including Planning Commission review and a separate public hearing if a concept plan is required.

Houser noted one potential limitation involving vape shops. Because many open within existing commercial buildings, they often require only a change-of-use permit rather than a concept plan review. Those applications do not currently require public hearings, and the proposed ordinance would not alter that process.

The Planning Commission has not reviewed the proposed amendment and has not been asked to provide a recommendation before the July 14 public hearing.

The public hearing is scheduled for 6:30 p.m. July 14 in the commissioners' meeting room in Leonardtown. The commissioners are expected to consider final action on the amendment at their July 28 meeting.

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