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Business is on hold for a Montgomery County farmer embattled with the Maryland State Highway Administration over his popular Bethesda farm stand.

Country Thyme Farm Market set up shop along River Road in Bethesda for 10 years on a license from Montgomery County before the state highway administration revoked the license in 2009, saying the road was a state road that did not permit produce stands. Country Thyme’s owner, Jonathan Sadd of Boyds, was hopeful that new regulations allowing produce stands on state routes — legislation championed by state representative Brian E. Frosh (D-Dist. 16) of Bethesda — would mean he could return to work in time for the 2011 season in June.

But in May, Sadd received a letter from the state highway administration again rejecting his stand, this time for safety reasons — Sadd’s choice spot, adjacent to the Kenwood Country Club, is along a controlled access portion of River Road, which means driveways and roadside attractions are not permitted because they create a dangerous mix of slow and fast traffic, according to the state highway administration.

“It’s been such a long, drawn-out thing, it’s absurd,” Sadd said. “At this point, we’re just up in arms.”

The ordeal has cost Sadd his livelihood, he said — the stand, which is in business from June through October, is his primary source of income, bringing in about $75,000 from June through October. Last year, Sadd set up his produce stand at an approved spot along River Road, at the Capital Crescent Trail Bridge, but many of his longtime customers did not follow. He barely broke even, ending the season with about $10,000. This season, Sadd decided to forgo the stand and instead has sold his heirloom tomatoes wholesale from his farm in Boyds for about $25 a box. Sold individually, Sadd could make up to $90 on a box of tomatoes, he said.

Country Thyme’s absence from River Road has been a hardship both for owner and patron, said Jeremy Criss, who works with agriculture businesses as an agricultural services manager for Montgomery County’s Department of Economic Development.

“As many residents as we have in Montgomery County, we need as many opportunities as we can for people to buy fresh and local — and that’s what Jonathan’s stand is all about,” he said.

There are 21 farmers markets in the county and 15 approved farm stands, mostly downcounty, Criss said. But in Sadd’s former service area, Potomac and Bethesda, there is a void, he said. Nearby farmers markets include three in downtown Bethesda and one at the Potomac United Methodist Church.

Criss has worked closely with Sadd to traverse the state permitting process. But after two years, even Criss, an expert in government-business relationships, said he is frustrated with the process.

“I started to get very troubled about how I thought I was doing everything I was asked to do, then I realized perhaps it didn’t really matter what we were told to do — at the end of the day, we were questioning whether they’d ever approve it,” he said.

A state initiative to promote local farmers and the county’s efforts to encourage residents to buy locally grown food has made the ordeal particularly troubling, Criss said. Country Thyme had been one of the most popular local produce stands in the county, he said.

“As an economic development representative for ag business, that drastic economic loss is one of the things that’s driving me,” he said.

Frosh, who helped revise state regulation to permit stands like Country Thyme, also has been on the case. Frosh pushed for legislation to change state regulations that allowed seafood stand along state roads to permit seafood and produce stands. In May, he wrote to the highway administration asking them to reconsider the farm stand’s location. Frosh said he understands the administration’s need to ensure public safety, but does not think Country Thyme posed a danger.

“I think everything they’ve done, they’ve done in good faith,” he said. “It’s not like there’s a vendetta against Mr. Sadd.”

But the answer from the highway administration was the same — the spot is too dangerous.

On Thursday, Criss attended an annual cookout hosted by Gov. Martin O’Malley and was able to explain the dilemma to the governor, who gave Criss contact information for an assistant press secretary and promised to look into the matter.

State Highway Administration Spokeswoman Lora Rakowski said the administration is working on new correspondence to Sadd, but declined to elaborate on the letter’s message or when it would be sent.

sgantz@gazette.net

Buy local

Check out a local farmers market

Bethesda Central Farm Market

Elm Street between Woodmont and Wisconsin avenues

9 a.m. to 1 p.m. Sundays, April through November

Bethesda Fresh Farm Market

Norfolk Avenue between Fairmont and St. Elmo avenues

9 a.m. to 1 p.m. Saturdays, May through October

Montgomery Farm Women’s Co-op Market

7155 Wisconsin Ave., Bethesda

8 a.m. 4 p.m. Wednesday, Friday and Saturday year-round

Potomac Village Farmers Market

Potomac United Methodist Church, 9908 South Glen Rd.

2 to 6 p.m. Thursdays, May through October

See a full list of county farmers markets at \www.montgomerycountymd.gov/farmersmarkets