reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part I - Designation › Section 22-202 - Effect of Zoning Laws

(a)    This section applies to any zoning law that imposes a more restrictive height limitation, lesser percentage of lot occupancy, wider or larger courts, deeper yards, or other more restrictive limitations than those provided by State, county, municipal, or other local regulations.
(b)    A zoning law described in subsection (a) of this section shall prevail in the area where it is imposed over the limitations provided by State, county, municipal, or other local regulations.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part I - Designation › Section 22-203 - Municipal Regulation -- Prince George's County

A municipal corporation in Prince George’s County shall have concurrent authority in its boundaries with the county department responsible for issuing permits, to seek compliance with zoning requirements to the extent that the requirements pertain to signs.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part II - Amendments › Section 22-206 - Procedures

(a)    A district council may amend its zoning laws, including any maps:
(1)    in accordance with procedures established in its zoning laws; and
(2)    after holding an advertised public hearing.
(b)    The procedures and zoning laws may include:
(1)    procedures limiting the times when amendments may be adopted;
(2)    provisions for hearings and preliminary determinations by an examiner, a board, or any other unit;
(3)    procedures for quorums, number of votes required to enact amendments, and variations or increases based on factors such as master plans, recommendations of the hearing examiner, county planning board, municipal corporation, governed special taxing district, or other body, and petitions of abutting property owners, and the evidentiary value that may be accorded to any of these factors; and
(4)    procedures for hearings, notice, costs, fees, amendment of applications, recordings, reverter, lapse, and reconsideration de novo of undeveloped zoning amendments.
(c)    (1)    In Prince George’s County, the district council may provide for notice of the public hearing on a proposed amendment to its zoning plan or zoning laws to be given to the owners of properties, as they appear on the assessment rolls of the county, adjoining, across the road from, on the same block as, or in the general vicinity of the property that is the subject of the proposed amendment.
(2)    A zoning law adopted under this subsection may require notice to be given by mail or by posting the notice on or in the vicinity of the property involved in the proposed amendment or both.
(d)    In Prince George’s County, the zoning hearing examiner shall issue a decision on a zoning matter not more than 100 days after the date of the last hearing held by the hearing examiner.
(e)    In a year in which a district council is elected, the district council may not amend a zoning law from November 1 and until the newly elected district council has taken office.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part II - Amendments › Section 22-207 - Required Referral -- Classification Change

(a)    Before a district council may amend the zoning law by changing the zoning classification of property in a municipal corporation or governed special taxing district, the district council shall refer the application for the change to the governing body of the municipal corporation or governed district for its recommendation.
(b)    The governing body of the municipal corporation or governed special taxing district has 60 days to make its recommendation.
(c)    A two–thirds majority of all the members of the district council is required before the district council may change the zoning classification of property in a municipal corporation or governed special taxing district contrary to the recommendation of the municipal corporation or governed district.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part II - Amendments › Section 22-208 - Required Referral -- Map Amendment

(a)    Before a map amendment is approved, it shall be submitted to the appropriate county planning board and to the governing body of the municipal corporation or governed special taxing district where the land is located for a recommendation as to approval, disapproval, or approval with conditions.
(b)    A district council may provide by local law procedures for the county planning board and a municipal corporation or governed special taxing district to follow in considering zoning map amendments to the extent that these provisions do not conflict with this division.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part II - Amendments › Section 22-209 - Approval -- Montgomery County -- Classification Change

(a)    This section applies to applications filed for amendments to zoning classifications in Montgomery County.
(b)    Except as provided in subsection (c) of this section, an application shall be granted only by the affirmative vote of at least five members of the district council.
(c)    (1)    Except as provided in paragraph (2) of this subsection, an application that seeks a zoning classification not shown as appropriate or suitable in the text or on the land use map of a master plan that the district council has approved under § 21–107 of this article may be granted only by the affirmative vote of eight members of the district council.
(2)    If the Commission recommends approval of the application for reclassification or if the application is for a zoning classification created after the district council approves the master plan, the affirmative vote of six members of the district council is required to grant the application.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part II - Amendments › Section 22-210 - Approval -- Prince George's County -- Supermajority Required

(a)    This section applies only in Prince George’s County.
(b)    The district council shall require a two–thirds vote of all members of the district council to approve a zoning map amendment if the zoning map amendment is contrary to an approved master plan.
(c)    The district council shall require a two–thirds vote of all members of the district council to approve a zoning map amendment or a special exception if the zoning map amendment or special exception is contrary to the recommendation of a municipal corporation that has any portion of the land subject to the zoning map amendment or special exception in its boundaries.
(d)    The district council shall require a two–thirds vote of all members of the district council and a four–fifths vote of all members of the county planning board to approve an optional parking plan if the optional parking plan is contrary to the recommendation of a municipal corporation that has any portion of the land subject to the optional parking plan in its boundaries.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part III - Miscellaneous Provisions -- Prince George's County › Section 22-214 - Conditional Zoning

(a)    In approving any zoning map amendment, the district council may consider and adopt any reasonable requirements, safeguards, and conditions that:
(1)    may be necessary to protect surrounding properties from adverse effects that might accrue from the zoning map amendment; or
(2)    would further enhance the coordinated, harmonious, and systematic development of the regional district.
(b)    (1)    A statement of any condition provided under subsection (a) of this section shall be included in the resolution granting the amendment.
(2)    The conditions shall remain in effect for so long as the property remains zoned in accordance with the resolution and the applicable zoning classification requested.
(3)    A building permit, use permit, or subdivision plat may not be issued or approved for the property except in accordance with conditions set forth in the resolution.
(c)    (1)    An applicant has 90 days from the date of approval to accept or reject the land use classification conditionally approved.
(2)    If the applicant expressly rejects the amendment as conditionally approved within the 90–day period, the zoning classification shall revert to its prior status.
(d)    Notwithstanding any other provision of this section, the district council may not impose any requirement, safeguard, or condition that would require the dedication of land for public use except for roads and easements.
(e)    The district council may adopt local laws necessary to provide adequate notice, public hearings, and enforcement procedures for the implementation of this section.
(f)    If any resolution, or any part or condition of any resolution, passed by the district council in accordance with this section is declared invalid by any court of competent jurisdiction:
(1)    the zoning category applicable to the property rezoned by the resolution shall revert to the category applicable before the passage of the resolution; and
(2)    the resolution shall be null and void and of no effect.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part III - Miscellaneous Provisions -- Prince George's County › Section 22-215 - Map Amendment -- Records -- Fees; Transcript

(a)    (1)    An authorized reporter shall make a record of all hearings on petitions for zoning map amendments.
(2)    The record may not be destroyed until the time for appeal or rehearing on any petition for zoning map amendments has expired.
(b)    (1)    A person making an application for a zoning map amendment shall pay an additional filing fee of $5 at the time of paying the advertising costs.
(2)    A person appealing a decision of the district council or requesting that a transcript be transcribed shall pay to the county the estimated cost of transcription of the record.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 2 - Designation and Adoption › Part III - Miscellaneous Provisions -- Prince George's County › Section 22-216 - Map Amendment -- Records -- Custody and Availability

(a)    In this section, “custodian” means the custodian of the records of a zoning map amendment case in the county.
(b)    (1)    Before the Commission sends a zoning map amendment case to the district council, the Commission is the custodian.
(2)    After the Commission sends a zoning map amendment case to the district council, the district council is the custodian.
(c)    Correspondence or documents submitted to a custodian shall be received in a record only in accordance with any applicable statute, local law, rule of evidence, or case law.
(d)    (1)    Except as provided in paragraph (2) of this subsection, each application for a zoning map amendment and all official correspondence and records relating to the application, prepared or received in a record by the custodian, shall be made available to the public during the custodian’s regular business hours.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, the custodian may publish rules to prevent any access provided under paragraph (1) of this subsection from unreasonably disrupting the custodian’s official business.
(ii)    Copies of technical staff reports shall be available for the public at the office of the custodian under all circumstances.
(e)    An individual who personally appears at the office of the custodian may obtain, without charge, a copy of a public document if the document:
(1)    is of letter or legal size; and
(2)    pertains to a specific zoning case, including zoning applications and justification statements.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 3 - Board of Appeals › Part I - General Provisions › Section 22-301 - Special Exceptions and Variances

(a)    (1)    A district council may adopt zoning laws that authorize the board of appeals, the district council, or an administrative office or agency designated by the district council to grant special exceptions and variances to the zoning laws on conditions that are necessary to carry out the purposes of this division.
(2)    Any zoning law adopted under this subsection shall contain appropriate standards and safeguards to ensure that any special exception or variance that is granted is consistent with the general purposes and intent of the zoning laws.
(b)    Subject to § 22–309 of this subtitle, an appeal from a decision of an administrative office or agency designated under this subtitle shall follow the procedure determined by the district council.
(c)    The district council may authorize the board of appeals to interpret zoning maps or decide questions, such as the location of lot lines or district boundary lines, as the questions arise in the administration of zoning laws.
(d)    In addition to any other notice requirement, the board of appeals, the district council, or an administrative office or agency shall provide notice of a hearing for a special exception to all parties of record, as defined in local law.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 3 - Board of Appeals › Part II - Montgomery County › Section 22-305 - Special Exceptions and Variances

(a)    (1)    The district council may adopt zoning laws that provide that the affirmative vote of:
(i)    at least four members of the board of appeals are required to adopt a resolution that grants, revokes, suspends, or amends a special exception or extends the time in which to implement a special exception; and
(ii)    a majority of the board of appeals is required to adopt a procedural motion regarding a special exception application.
(2)    In exercising its authority under this subsection, the district council may enact, for any zone, different voting requirements for different uses.
(b)    The decisions of the administrative office or agency may be appealed to the board of appeals or other administrative body the district council designates.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 3 - Board of Appeals › Part III - Prince George's County › Section 22-309 - Board of Appeals

(a)    There is a board of appeals in Prince George’s County.
(b)    (1)    The County Council of Prince George’s County shall appoint three members to the board.
(2)    Each member of the board shall be a resident of the regional district in Prince George’s County.
(3)    The term of a member is 4 years.
(4)    A member who is appointed to fill a vacancy shall serve for the rest of the term.
(c)    The board each year shall elect a chair and vice–chair.
(d)    (1)    All meetings of the board shall be public.
(2)    The board shall keep minutes of its proceedings.
(3)    (i)    The board shall act by resolution.
(ii)    At least two members of the board must concur in any resolution.
(4)    The board or any officer of the board may administer oaths and compel the attendance of witnesses.
(5)    The district council may adopt regulations consistent with this subtitle to govern the organization and procedure of the board.
(6)    The board may adopt supplemental rules of procedure consistent with this subtitle and the regulations of the district council.
(e)    (1)    The County Council shall determine the compensation of the members of the board.
(2)    The County Council may provide staff for the board.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 3 - Board of Appeals › Part III - Prince George's County › Section 22-310 - Appeal of Special Exceptions

(a)    Except as provided in subsection (b) of this section, the district council shall provide for the appeal of decisions of the zoning hearing examiner in special exception cases to the district council.
(b)    If a special exception is contrary to the recommendation of a municipal corporation that has any portion of the property subject to the special exception in the municipal boundaries, the district council shall require a two–thirds vote of all district council members to approve the special exception.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 3 - Board of Appeals › Part III - Prince George's County › Section 22-311 - Appeals to Board of Appeals

(a)    Appeals to the board of appeals may be taken by any person aggrieved by:
(1)    the grant or denial of a building permit;
(2)    the grant or denial of an occupancy or use permit; or
(3)    any other administrative decision based wholly or partly on a zoning law enacted by the district council.
(b)    The board may:
(1)    hear and decide appeals alleging an error:
(i)    in a grant or denial of a building, use, or occupancy permit;
(ii)    in an order or a decision made by a building official or by the Commission on an application for a building or other permit; or
(iii)    by an administrative officer or body in the administration of any zoning law adopted under this title;
(2)    in accordance with regulations adopted by the district council, hear and decide requests for:
(i)    special exceptions or map interpretations;
(ii)    decisions on permits for extensions, substitutions, restorations, reinstatements, or reconstructions of lawful nonconforming uses; or
(iii)    decisions on special questions that the board of appeals is required or authorized by the zoning laws to decide; and
(3)    on an appeal relating to a specific piece of property, authorize a variance from strict application of a zoning law or amendment in order to relieve difficulty or hardship if:
(i)    strict application of the zoning law or amendment would result in exceptional practical difficulty for, or exceptional or undue hardship on, the owner of the property because of the exceptional shape of the property at the time of the enactment of the zoning law or amendment or because of the exceptional situation or topographical conditions of the property; and
(ii)    authorization of the variance will not cause a substantial impairment of the intent, purpose, and integrity of the zone as embodied in the zoning laws.
(c)    (1)    Nothing in subsection (b)(1) of this section authorizes the board to reverse or modify a denial of a permit or any other order or decision that conforms to this title and the zoning laws adopted under this title.
(2)    The board may not make or amend any zoning law.
(d)    (1)    Before making a decision on an appeal, the board shall hold a hearing.
(2)    Notice of the time and place of the hearing shall be mailed at least 7 days before the hearing to the appellant and to the owners of all properties contiguous to or opposite the subject property, measured at right angles to the intervening street or streets from the property.
(e)    (1)    The board may reverse or affirm, wholly or partly, or modify the decision appealed from.
(2)    The decision of the board shall be by resolution and shall include a statement of the findings of fact and conclusions that support the decision.
(3)    The resolution, or a copy of it, shall form part of the minutes or other records of the board.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 4 - Judicial Review › Part I - Montgomery County › Section 22-402 - Map Amendments

(a)    (1)    Judicial review of a final action of the district council on an application for an individual map amendment or a sectional map amendment may be requested by:
(i)    a person aggrieved by the action; or
(ii)    a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2)    A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the district council takes the final action.
(3)    The court may:
(i)    affirm or reverse the action;
(ii)    for any reason, remand the action to the district council for further consideration; or
(iii)    dismiss the petition.
(b)    (1)    When a petition for judicial review is filed, a copy of the petition shall be served on the district council in accordance with Maryland Rule 7–202(d).
(2)    On receiving a copy of the petition, the district council shall:
(i)    promptly give notice of the petition to all parties to the proceeding before it; and
(ii)    within 30 days after the filing of the petition, file with the circuit court:
1.    the originals or certified copies of all papers and evidence presented to the district council in the proceeding before it; and
2.    a copy of its opinion and resolution deciding the application.
(3)    Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Court of Special Appeals.
(4)    The review proceedings provided by this section are exclusive.
(c)    (1)    The action of the district council shall be considered final unless, within 30 days after the action, the district council, on its own motion for any reason, reconsiders the action.
(2)    The time for appeal provided in this section shall be stayed until any reconsideration is concluded.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 4 - Judicial Review › Part I - Montgomery County › Section 22-403 - Special Exceptions and Variances

(a)    (1)    Notwithstanding § 10–305 of the Local Government Article, judicial review of a decision by the board of appeals on an application for a zoning variance or special exception may be requested by any person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2)    A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the decision by the board.
(3)    The court may:
(i)    affirm or reverse the action;
(ii)    for any reason, remand the action to the board for further consideration; or
(iii)    dismiss the petition.
(4)    Any party to the proceeding in the circuit court may appeal from the judgment of the court to the Court of Special Appeals.
(b)    The review proceedings provided by this section are exclusive.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 22 - Zoning › Subtitle 4 - Judicial Review › Part II - Prince George's County › Section 22-408 - Judicial Review From Board of Appeals; Final and Binding Decisions

(a)    (1)    Any party to a proceeding before the board of appeals aggrieved by the decision of the board may request judicial review of the decision by the Circuit Court for Prince George’s County.
(2)    The circuit court may affirm the decision of the board, or, if the decision is not in accordance with law, modify or reverse the decision, with or without remanding the case for rehearing.
(3)    Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal the decision to the Court of Special Appeals.
(b)    (1)    The board of appeals shall take any action necessary to enforce any final decision of the board.
(2)    Any request or application for a stay from a final decision of the board shall be filed in the Circuit Court for Prince George’s County.
(3)    Unless modified or reversed by the circuit court, a decision of the board concerning any nonconforming occupancy or use is binding on the parties and continues in force and effect.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 1 - Powers › Section 23-102 - In General

(a)    (1)    Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George’s County, or received or recorded by the clerks of the courts of the respective county, unless:
(i)    the plat has been submitted to and approved by the applicable county planning board; and
(ii)    the chair of the county planning board and the secretary–treasurer of the Commission endorse an approval in writing on the plat.
(2)    The recordation of a subdivision plat without the approval of the county planning board is void.
(b)    (1)    In Prince George’s County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director.
(2)    The planning director’s endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat.
(c)    A subdivision in a municipal corporation with subdivision authority under Division II of the Local Government Article that is in the regional district may be recorded in the land records of Montgomery County or Prince George’s County if:
(1)    the subdivision plat has been submitted to and approved by the municipal corporation; and
(2)    the appropriate official of the municipal corporation endorses an approval in writing on the plat.
(d)    (1)    The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board’s subdivision functions.
(2)    The fees shall be:
(i)    based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and
(ii)    paid into the Commission’s administrative fund established under § 18–307 of this article before a subdivision plat is approved or disapproved.
(e)    (1)    After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well–bound book kept by the clerk of the court for recording plats.
(2)    The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat.
(f)    (1)    A subdivision plat shall be prepared in a manner required by the Commission by regulation.
(2)    An approved subdivision shall have permanent markers, bound stones, or stations:
(i)    as required by the Commission; and
(ii)    that are shown on the subdivision plat.
(3)    A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 1 - Powers › Section 23-103 - Dedication of Land for Roads

(a)    Except as provided in subsection (b) of this section, in connection with the approval of a subdivision plat, the appropriate county planning board may require a dedication of land for:
(1)    an interior subdivision road;
(2)    a road that abuts the subdivision for the purpose of creating a new road as part of the plan of subdivision to provide for traffic access to another subdivision road; and
(3)    the widening of an existing or public road that abuts the subdivision for the purpose of providing additional right–of–way adequate to serve additional traffic that will be generated by the subdivision.
(b)    The county planning board may not require a dedication of land under subsection (a) of this section that:
(1)    exceeds the area required to produce a total right–of–way for:
(i)    a secondary road, as defined by local law; or
(ii)    a primary road if the applicable master plan designates the road as a primary or arterial road;
(2)    has a width that exceeds the area that is required for a primary road; and
(3)    has a width that exceeds the area that is required for a secondary road, unless the applicable master plan designates the road as a primary or arterial road.
(c)    (1)    Notwithstanding subsections (a) and (b) of this section, in Montgomery County, in connection with the approval of a subdivision plat, the Commission may require a dedication of land in accordance with the standards and limitations set forth in the subdivision regulations.
(2)    The standards established by the subdivision regulations shall relate the area of dedication to:
(i)    the total size of the subdivision;
(ii)    the maximum road right–of–way or improvement required for that category of land use as established by local law of the applicable jurisdiction; and
(iii)    the increased traffic, lane, and right–of–way requirements that would be created by the maximum utilization and development of the subject property:
1.    in the property’s present zone classification; or
2.    in the property’s higher use zone classification, as shown on an adopted and approved master plan of the applicable jurisdiction.
(3)    (i)    In accordance with the standards established by the subdivision regulations and except as provided in subparagraph (ii) of this paragraph, the subdivision regulations may require dedication of a road to public use to the full extent of the required right–of–way.
(ii)    If a road is classified in the subdivision regulations as a limited access or controlled highway, a dedication of a road to public use may be required only for adequate traffic access to those subdivisions to which access is allowed.
(d)    In Prince George’s County, a master plan of transportation shall be approved by the district council.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 1 - Powers › Section 23-105 - Notice and Hearing for Subdivision Regulations

(a)    Before the Commission or the governing body of Montgomery County or Prince George’s County may adopt a subdivision regulation or an amendment to a subdivision regulation or amendment, the respective county council shall hold a public hearing on the regulation or amendment.
(b)    The county council shall publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the regional district in the respective county at least 30 days before the hearing.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 1 - Powers › Section 23-106 - Adequate Public Facilities Requirements

(a)    In addition to any other authority granted by this division, the County Council of Montgomery County and the County Council of Prince George’s County, by local law, may impose in their respective counties standards and requirements for the purpose of avoiding scattered or premature subdivision or development of land because of the inadequacy of transportation, water, sewerage, drainage, school, or other public facilities.
(b)    (1)    This subsection does not apply to any property located in an infrastructure finance district approved before January 1, 2000.
(2)    Notwithstanding subsection (a) of this section, the County Council of Prince George’s County shall impose adequate public facilities standards and requirements under subsection (a) of this section with respect to schools.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 1 - Powers › Section 23-107 - Reservation of Land for Public Use

(a)    The applicable county planning board shall require a plat of any land reserved for public use under this subtitle that shows:
(1)    the survey location of the land;
(2)    the names and addresses of the landowners; and
(3)    any other information required for:
(i)    filing the plat among the land records of the county in which the land is located; and
(ii)    the proper indexing of the plat.
(b)    The plat shall:
(1)    comply with all requirements for recording of plats among the land records; and
(2)    be recorded by the clerk of the court of the county in which the land is located.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-201 - Process -- in General

(a)    (1)    The appropriate county planning board shall approve or disapprove a subdivision plat within 30 days after the plat is submitted to the county planning board.
(2)    If the county planning board does not take action in accordance with paragraph (1) of this subsection:
(i)    the plat shall be considered approved; and
(ii)    the county planning board shall issue a certificate of approval on demand.
(3)    An applicant may consent to an extension.
(b)    A plat submitted to the county planning board shall contain the name and address of a person that may be sent notice of a hearing.
(c)    (1)    The county planning board shall hold a hearing before taking action on a subdivision plat, unless:
(i)    the county planning board approves the plat exactly as the plat was submitted by the applicant to the county planning board; or
(ii)    the applicant waives the hearing requirement in the application.
(2)    At least 5 days before a hearing, the county planning board shall send notice of the hearing to the address included with the plat in accordance with subsection (b) of this section.
(3)    Subdivision regulations may include provisions for:
(i)    notice to owners of properties that would be substantially affected by approval of a subdivision plat;
(ii)    public hearings on the applications; and
(iii)    an appeal to the district council from a decision approving or disapproving a subdivision plat.
(d)    The grounds for disapproval of a plat shall be stated on the records of the county planning board.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-203 - Preapplication and Preliminary Submissions -- in General

The county planning board may provide in the subdivision regulations for:
(1)    a preapplication procedure;
(2)    subdivision approval; and
(3)    tentative or conditional approval or disapproval of preliminary plans.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-204 - Preapplication and Preliminary Submissions -- Montgomery County

(a)    This section applies only in Montgomery County.
(b)    The subdivision regulations may:
(1)    establish a time period within which the county planning board shall approve or disapprove a preapplication or preliminary plan submission; and
(2)    provide that an applicant may:
(i)    waive the time period within which the county planning board shall take action in accordance with item (1) of this subsection; and
(ii)    consent to an extension of the time period.
(c)    (1)    A preapplication or preliminary plan submission that has not been approved or disapproved in accordance with this section is considered approved.
(2)    If a preapplication or preliminary plan submission is considered to have been approved under this subsection, on demand, the county planning board shall issue a certificate of approval.
(d)    If the county planning board disapproves a preapplication or preliminary plan submission, the county planning board shall:
(1)    state the grounds for disapproval in the records of the county planning board; and
(2)    mail, postage prepaid, a copy of the record stating the grounds for disapproval to all parties of record at their last address.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-205 - Preliminary Subdivision Plan -- Prince George's County

(a)    This section applies only in Prince George’s County.
(b)    (1)    The county planning board shall approve or disapprove a preliminary subdivision plan within 70 days after the complete plan application is submitted to the county planning board.
(2)    If the county planning board does not take action in accordance with paragraph (1) of this subsection:
(i)    the plan shall be considered approved; and
(ii)    the county planning board shall issue a certificate of approval on demand.
(3)    The 70–day time period under paragraph (1) of this subsection does not include:
(i)    the month of August; or
(ii)    December 20 through January 3.
(c)    (1)    Each office to which the county planning board refers a preliminary subdivision plan shall return to the county planning board one copy of the plan and any comments noted on it within 30 days after the referral.
(2)    If an office does not reply in accordance with paragraph (1) of this subsection, the plan shall be considered to be approved by the office.
(d)    An applicant may consent to an extension not greater than 70 days.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-206 - Major and Minor Subdivisions -- Prince George's County

In Prince George’s County, the subdivision regulations may provide for:
(1)    the classification of a subdivision as a major or minor subdivision; and
(2)    a sketch plan that:
(i)    in the case of a minor subdivision, may be approved by the planning director and filed as the record plat; and
(ii)    in the case of a major subdivision, may be required before the submission of a preliminary plan of subdivision.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 2 - Plat Approval › Section 23-207 - Plat Approval -- Tentative

(a)    Subject to subsection (b) of this section, the subdivision regulations may provide for tentative approval of a plat before improvements and installations.
(b)    Tentative approval of a plat may not:
(1)    be entered on the plat; or
(2)    entitle the plat to be filed or recorded.
(c)    (1)    Instead of requiring the completion of improvements or installation of utilities before the approval of a plat, the county planning board or county may accept security to secure the construction of improvements and installation of utilities at a time and according to specifications set by or in accordance with the subdivision regulations.
(2)    The county planning board or county may enforce the security by any appropriate legal or equitable remedy.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 3 - Unapproved Plats and Subdivisions › Section 23-301 - Sale or Transfer of Lots in Unapproved Subdivisions

(a)    (1)    An owner or agent of an owner of land located in a subdivision may not transfer or sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been:
(i)    approved by the county planning board; and
(ii)    recorded in the office of the clerk of the circuit court of the county in which the property is located.
(2)    A person who violates this subsection is subject to a penalty of $100 for each lot or parcel transferred or sold in violation to be paid to the district council.
(b)    The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of transferring or selling does not exempt the transaction from the penalties or remedies provided in this section.
(c)    The district council may:
(1)    enjoin the transfer, sale, or agreement in any circuit court; or
(2)    recover the penalty by civil action in any court of competent jurisdiction.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 3 - Unapproved Plats and Subdivisions › Section 23-302 - Recording Unapproved Subdivision Plat

(a)    (1)    The clerk of the circuit court of Montgomery County or Prince George’s County may not record a subdivision plat in the regional district unless the plat has been endorsed in writing by the county planning board.
(2)    A plat is invalid if it is recorded without being endorsed by the county planning board.
(b)    The Commission may institute proceedings against the clerk of the circuit court of Montgomery County or Prince George’s County to compel the clerk to strike from the county land records a subdivision plat that is recorded but not approved in accordance with subsection (a) of this section.
(c)    A court of competent jurisdiction may issue appropriate orders for purposes of this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 4 - Judicial Review › Section 23-401 - Authorized

(a)    (1)    Within 30 days after the county planning board takes final action on an application for subdivision approval, judicial review may be requested by:
(i)    a person aggrieved by the action;
(ii)    in Montgomery County, a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing; or
(iii)    in Prince George’s County, a municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2)    A petition for judicial review filed under this section may be made to the circuit court for the appropriate county.
(3)    The court may:
(i)    affirm or reverse the action; or
(ii)    remand the action to the county planning board for further consideration.
(b)    (1)    If a petition for judicial review is filed under this section, a copy of the petition shall be served on the county planning board in accordance with Maryland Rule 7–202(d).
(2)    On receiving a copy of the petition, the county planning board shall:
(i)    promptly give notice of the petition to all parties to the proceeding before it; and
(ii)    within 30 days after the filing of the petition, file with the circuit court:
1.    the originals or certified copies of all papers and evidence presented to the county planning board in the proceeding before it; and
2.    a copy of its opinion and resolution deciding the application.
(3)    Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Court of Special Appeals.
(4)    The review proceedings provided by this section are exclusive.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 5 - Enforcement › Part I - General Provisions › Section 23-501 - Enforcement of Conditions

(a)    The county planning board or the governing body of the appropriate county may institute injunction, mandamus, or other appropriate action or proceedings to compel the construction and installation of improvements or conservation of resources at a time and according to specifications set by or in accordance with this division.
(b)    Any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 5 - Enforcement › Part II - Montgomery County › Section 23-505 - Civil Fines and Penalties

(a)    In addition to all other remedies provided by law, the district council may authorize the county planning board to impose civil monetary fines or penalties and, if the public health, safety, or welfare is threatened, issue stop work orders for a violation of:
(1)    this division;
(2)    county subdivision regulations and zoning laws;
(3)    any law or regulation that the Commission or the county planning board is exclusively authorized to administer; or
(4)    any decision made by the Commission or the county planning board under its respective authority.
(b)    (1)    A fine not to exceed $500 may be imposed for each violation under this part.
(2)    The district council may establish a schedule of fines for each violation and may adopt procedures, consistent with this part, for imposing and collecting the fines.
(3)    Each day a violation occurs is a separate violation under this part.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 23 - Subdivision › Subtitle 5 - Enforcement › Part II - Montgomery County › Section 23-506 - Enforcement; Prosecution of Violations

(a)    (1)    The district council may provide that the county planning board may enforce the imposition of fines and penalties in a manner consistent with the process requiring notification and hearing under Title 11, Subtitle 2 of this article.
(2)    The imposition of fines and penalties under this part is not subject to an appeal to the Board of Appeals.
(b)    The district council may provide for the county planning board, through counsel, to prosecute violations for which civil monetary fines or penalties are imposed.
(c)    A violation of a local law implementing the State Forest Conservation Law shall be enforced in accordance with Title 5, Subtitle 16 of the Natural Resources Article and not in accordance with this part.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 24 - Montgomery County Provisions › Subtitle 2 - Municipal Zoning -- Specific Municipalities › Section 24-201 - Town of Kensington

(a)    The Town of Kensington has concurrent jurisdiction to enforce the county zoning laws within its boundaries.
(b)    A two–thirds majority vote of both the district council and the county planning board is required to take any action relating to zoning within the Town of Kensington that is contrary to a resolution of the Mayor and Town Council.
(c)    A two–thirds majority vote of the county planning board is required to take any action relating to land use planning within the Town of Kensington that is contrary to a resolution of the Mayor and Town Council.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 24 - Montgomery County Provisions › Subtitle 2 - Municipal Zoning -- Specific Municipalities › Section 24-202 - City of Takoma Park

(a)    The City of Takoma Park has concurrent jurisdiction to enforce the county zoning laws within its boundaries.
(b)    A two–thirds majority vote of both the district council and the county planning board is required to take any action relating to zoning within the City of Takoma Park that is contrary to a resolution of the Mayor and City Council.
(c)    A two–thirds majority vote of the county planning board is required to take any action relating to land use planning within the City of Takoma Park that is contrary to a resolution of the Mayor and City Council.