Old-growth hemlock trees in the Youghiogheny Grove and citizens of the Wild and Scenic Yough finally have a win!
The Appellate Court of Maryland has ruled that the Maryland Department of Natural Resources (DNR) ignored considerable evidence and warnings that a new road and bridge in Garrett County would threaten an area that includes the largest hemlock and white pines recorded in the state, according to a June 16 court decision.
The ruling comes after a nearly three-year battle over DNR Secretary Josh Kurtz’s decision to allow development in the Youghiogheny Wild River Scenic Corridor. In August 2023 Kurtz granted a conditional exception for Garrett County to construct a new bridge on Swallow Falls Road in the state-protected area. He justified the decision by saying that it was “consistent with the legislative intent of the Scenic and Wild Rivers Act and is not injurious to the scenic and wild character of the river.”
For background, Garrett County officials wanted to replace a steel, single-lane bridge over the Youghigheny River near the entrance to Swallow Falls State Park. Instead of fixing the old bridge, the county wanted to build a new, bigger bridge with two lanes, a sidewalk, and a bike lane. Critically, the bridge alignment would run parallel to the existing bridge. During construction, the county wanted to keep the old bridge open to traffic.
To accomplish this, the county would have cut a huge swath of protected forest, destroying hundreds of trees, some of which are eastern hemlock and white pine trees over 300 years old. The county needed DNR’s approval to sidestep environmental protections that prevent development of the area.
Opponents of the exception argued the plan would destroy centuries-old trees, threaten a fragile ecosystem, and violate laws written to protect the Wild Yough. They requested the new bridge be built in the existing span’s footprint, which would require the road to be closed during construction. They argued that this would not be an issue of public safety, because there are emergency services on either side of the bridge, and the roadway is relatively low-traffic.
The contested area includes part of Swallow Falls State Park in Garrett County, Maryland. The park features the Youghiogheny Grove, a 37-acre stand of old-growth eastern hemlocks and white pines. They have never been logged, making it one of the rarest ecosystems in the state. This part of the Youghiogheny River is protected under Maryland’s Scenic and Wild Rivers Act of 1968 and is designated as one of the state’s Irreplaceable Natural Areas.
The Scenic and Wild Rivers Act mandates that state and local governments must protect and preserve natural values associated with rivers designated as Scenic and/or Wild – that includes the trees, plants, and geology around the river.
J. Dirk Schwenk of Annapolis-based Baylaw, LLC and the Chesapeake Bay Alliance represented the Old Growth Forest Network, and Yough Farms, LLC, owned by Steve Storck. In October 2024 Schwenk filed a nearly 700-page document to undo the Kurtz decision.
The court ruled that the only continuation of an existing use is a replacement bridge built on the existing site, and held that DNR did not adequately address numerous “red flags.” The ruling also said that there was not “adequate recognition of the potential for ecological harm from the planned development.”
“We hold that the Department’s exception decision does not comply with the requirement of adequate findings and conclusions,” the conclusion states. “We also conclude that the Department’s decision is arbitrary, capricious and unsupported by substantial evidence based on the record as a whole. Given this, we vacate the circuit court’s order and direct the court to remand this matter to the Department of Natural Resources for a renewed and thorough examination of the County’s application for an exception.”
“The river feels a bit wilder, at least for today,” said Steve Storck, owner of Yough Farms, LLC.
Thanks to everyone who signed onto MWA’s letter campaign or wrote an email in support of the Wild Yough’s hemlock trees! Your passion for this beautiful area was undoubtedly important to this decision.