In 1994 the county government had designated a portion of the watershed as a "special protection area" (SPA) to protect water quality by requiring builders to install extensive controls for stormwater runoff. A follow-up study found that after construction of several projects, water quality in the Little Seneca basin was degraded, despite the SPA requirements. In April 2014, the Montgomery County Council set additional limits on development projects in order to protect the quality of the creek and adjacent habitat. Resolution No. 17-1048. Later that year, developers filed suit against the county, claiming that the county "illegally limited construction on its property." The U.S. District Court in Maryland dismissed the suit in August 2017. Case No. GJH-14-3955. The district court's dismissal was affirmed by the Fourth Circuit Court of Appeals on November 29, 2018.. Docket no. 17-2112.
