reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 3 - Comprehensive Plan › Subtitle 3 - Implementation › Section 3-303 - Periodic Review; Implementation

(a)    At least once every 10 years, which corresponds to the comprehensive plan revision process under § 3–301 of this subtitle, a local jurisdiction shall ensure the implementation of the visions, the development regulations element, and the sensitive areas element of the plan.
(b)    A local jurisdiction shall ensure that the implementation of the requirements of subsection (a) of this section are achieved through the adoption of the following applicable implementation mechanisms that are consistent with the comprehensive plan:
(1)    zoning laws;
(2)    planned development ordinances and regulations;
(3)    subdivision ordinances and regulations; and
(4)    other land use ordinances and regulations.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 3 - Comprehensive Plan › Subtitle 3 - Implementation › Section 3-304 - Deadline

(a)    Subject to subsection (b) of this section, a local jurisdiction shall include in its comprehensive plan any plan element required under Subtitle 1 of this title in accordance with the review schedule for the local jurisdiction under § 3–303 of this subtitle.
(b)    On request of a local jurisdiction and for good cause, the Department of Planning may extend the deadline under subsection (a) of this section for that local jurisdiction by no more than two 6–month extensions.
(c)    A local jurisdiction that is not in compliance with this section after the deadline under subsection (a) of this section or after the expiration of any extension granted under subsection (b) of this section, may not change the zoning classification of a property until that local jurisdiction has complied with this section.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 1 - Powers › Section 4-101 - Statement of Policy

(a)    It is the policy of the State that:
(1)    the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and
(2)    planning and zoning controls shall be implemented by local government.
(b)    To achieve the public purposes of this regulatory scheme, it is the policy of the General Assembly and the State that local government action will displace or limit economic competition by owners and users of property through the planning and zoning controls set forth in this division and elsewhere in the public general and public local laws.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 1 - Powers › Section 4-102 - General Powers

To promote the health, safety, and general welfare of the community, a legislative body may regulate:
(1)    the height, number of stories, and size of buildings and other structures;
(2)    the percentage of a lot that may be occupied;
(3)    off–street parking;
(4)    the size of yards, courts, and other open spaces;
(5)    population density; and
(6)    the location and use of buildings, signs, structures, and land.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 1 - Powers › Section 4-103 - Additional Powers

(a)    When zoning or rezoning land under this division, a legislative body may impose any additional conditions or limitations that the legislative body considers appropriate to improve or protect the general character and design of:
(1)    the land and improvements being zoned or rezoned; or
(2)    the surrounding or adjacent land and improvements.
(b)    A municipal corporation may include in an annexation agreement conditions and limitations on the use of land and density of development otherwise allowed in the zoning district where the land is located.
(c)    When zoning or rezoning land under this division, to ensure conformity with the intent and purpose of this division and of the local jurisdiction’s zoning law, a legislative body may retain the power to approve or disapprove:
(1)    the design of buildings, construction, landscaping, or other improvements; and
(2)    changes made or to be made on the land being zoned or rezoned.
(d)    The powers provided in this section shall apply only if the legislative body adopts a local law that includes:
(1)    enforcement procedures; and
(2)    requirements for adequate notice of:
(i)    public hearings; and
(ii)    conditions and limitations sought to be imposed.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 1 - Powers › Section 4-104 - Limitations

(a)    The powers granted to a local jurisdiction under this subtitle do not:
(1)    grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;
(2)    restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;
(3)    authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or
(4)    preempt or supersede the regulatory authority of any unit of the State under any public general law.
(b)    (1)    If a legislative body regulates off–street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.
(2)    A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-201 - Districts and Zones

(a)    A legislative body may divide the local jurisdiction into districts and zones of any number, shape, and area that the legislative body considers best suited to carry out the purposes of this division.
(b)    (1)    Within the districts and zones, the legislative body may regulate the construction, alteration, repair, or use of buildings, structures, or land.
(2)    Except as otherwise provided in this division or authorized by law:
(i)    zoning regulations shall be uniform for each class or kind of development throughout each district or zone; but
(ii)    zoning regulations in one district or zone may differ from those in other districts or zones.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-202 - Zoning Regulations -- Adoption; Purposes

(a)    The legislative body shall adopt zoning regulations:
(1)    in accordance with the plan;
(2)    with reasonable consideration for, among other things, the character of the district or zone and its suitability for particular uses; and
(3)    with a view to conserving the value of property and encouraging orderly development and the most appropriate use of land.
(b)    The zoning regulations shall be designed to:
(1)    control street congestion;
(2)    promote health, public safety, and general welfare;
(3)    provide adequate light and air;
(4)    promote the conservation of natural resources;
(5)    prevent environmental pollution;
(6)    properly manage growth and development; and
(7)    promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-203 - Zoning Regulations -- Procedure; Public Hearings

(a)    A legislative body shall provide for the manner in which its zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.
(b)    (1)    A legislative body shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.
(2)    (i)    The legislative body shall publish notice of the time and place of the public hearing, together with a summary of the proposed zoning regulation or boundary, in at least one newspaper of general circulation in the local jurisdiction once each week for 2 successive weeks.
(ii)    The legislative body shall publish the first notice of the hearing at least 14 days before the hearing.
(3)    The zoning regulation or boundary may not become effective until 10 days after the hearing or hearings.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-204 - Zoning Regulations -- Amendment, Repeal, and Reclassification

(a)    Zoning regulations and boundaries may be amended or repealed.
(b)    (1)    If the purpose and effect of a proposed map amendment is to change a zoning classification, the legislative body shall make findings of fact that address:
(i)    population change;
(ii)    the availability of public facilities;
(iii)    present and future transportation patterns;
(iv)    compatibility with existing and proposed development for the area;
(v)    the recommendation of the planning commission; and
(vi)    the relationship of the proposed amendment to the local jurisdiction’s plan.
(2)    The legislative body may grant the amendment to change the zoning classification based on a finding that there was:
(i)    a substantial change in the character of the neighborhood where the property is located; or
(ii)    a mistake in the existing zoning classification.
(3)    The legislative body shall keep a complete record of a hearing on an application for reclassification and the votes of the members of the legislative body.
(4)    A legislative body may not allow the filing of an application for a reclassification of all or part of any land for which a reclassification has been denied by the legislative body on the merits in the 12 months before the date of the application.
(5)    The provisions of § 4–203(b) of this subtitle concerning public hearings and notice apply to applications for reclassification.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-205 - Administrative Adjustments

(a)    A legislative body may authorize the planning director or another designee to grant an administrative adjustment from the following requirements in a zoning law enacted by the legislative body:
(1)    height;
(2)    setback;
(3)    bulk;
(4)    parking;
(5)    loading, dimensional, or area; or
(6)    similar requirements.
(b)    Before developing criteria and procedures for administrative adjustments under this section, the legislative body shall:
(1)    consult with the planning commission and the board of appeals; and
(2)    provide:
(i)    reasonable public notice of the proposed criteria and procedures;
(ii)    an opportunity for a public hearing; and
(iii)    an opportunity for public review and comment.
(c)    The criteria for an administrative adjustment shall include:
(1)    standards for actions on requests;
(2)    standards for the classes of development that are eligible for an administrative adjustment; and
(3)    the maximum variation from a zoning requirement that is allowed under an administrative adjustment.
(d)    Procedures for administrative adjustments may address:
(1)    applications;
(2)    notice to the public and to the parties in interest;
(3)    an opportunity for a public hearing;
(4)    an opportunity for the taking of testimony and evidence; and
(5)    decision making.
(e)    A decision on an application for an administrative adjustment shall include written findings of fact and conclusions of law.
(f)    By enacting a local law or adopting a procedure, a legislative body may authorize the appeal to the board of appeals of a decision to approve or deny an administrative adjustment.
(g)    Nothing in this section is intended to authorize a local jurisdiction to allow an administrative adjustment to State or local requirements that are intended to protect environmentally sensitive areas such as streams, slopes, wetlands, natural heritage areas, or critical areas.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-206 - Variances

(a)    By local law, a legislative body may specify in a zoning law the allowable modifications that may be made by a variance.
(b)    The modifications in a variance:
(1)    may be only of density, bulk, dimensional, or area requirements of the zoning law;
(2)    may be only allowed where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty as specified in the zoning law; and
(3)    may not be contrary to the public interest.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-207 - Adaptive Reuse

(a)    On application by a property owner, a legislative body may authorize how the uses allowed in a zoning classification are to be applied to a particular improved property by granting an adaptive reuse.
(b)    Before granting an adaptive reuse, the legislative body shall make specific findings, supported by facts in the record, that:
(1)    the change is consistent with the plan for the local jurisdiction;
(2)    the change is in the public interest and provides a positive benefit to the community; and
(3)    literal enforcement of the zoning classification would deprive the owner of all reasonable economically viable use of the property.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-208 - Exceptions -- Maryland Accessibility Code

A legislative body shall provide for exceptions to the zoning law when necessary to bring an existing parking lot into compliance with the requirements for parking spaces for individuals with disabilities and the van–accessible parking ratio requirement of the Maryland Accessibility Code adopted under § 12–202 of the Public Safety Article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-209 - Hearing Examiners

(a)    A legislative body may appoint full– and part–time hearing examiners that it considers necessary and appropriate.
(b)    (1)    A legislative body may delegate to a hearing examiner the power to conduct a public hearing under §§ 4–204 and 4–205 of this subtitle.
(2)    A hearing shall be conducted under rules the legislative body adopts.
(c)    A hearing examiner shall recuse himself or herself from participating in a matter in which the hearing examiner may have a conflict of interest or the appearance of a conflict of interest.
(d)    A legislative body shall determine the term of office, required qualifications, and compensation of a hearing examiner employed by the local jurisdiction.
(e)    A hearing examiner shall issue a written recommendation in the time, manner, and form required by the legislative body.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-210 - Permits and Variances - Solar Panels

(a)    In this section, “critical area” includes the areas designated as the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area under § 8–1807 of the Natural Resources Article.
(b)    This section does not apply in the critical area.
(c)    For the purposes of issuing a permit or variance relating to zoning, construction, or stormwater for a project to install a solar panel, any calculation relating to the impervious surface of the project required by the State or local governing authority issuing the permit or variance may include only the foundation or base supporting the solar panel.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-211 - Energy Generating Systems

(a)    In this section, “energy generating system” means an energy generating system:
(1)    for which a certificate of public convenience and necessity is required by State law; or
(2)    (i)    for which a certificate of public convenience and necessity is not required by State law; and
(ii)    that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.
(b)    If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:
(1)    a substantial change in the character of the neighborhood where the property is located; or
(2)    a mistake in the existing zoning classification.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-212 - Agritourism

(a)    (1)    In this section, “agritourism” means an activity conducted on a farm that is offered to a member of the general public or to invited guests for the purpose of education, recreation, or active involvement in the farm operation.
(2)    “Agritourism” includes:
(i)    farm tours;
(ii)    hayrides;
(iii)    corn mazes;
(iv)    seasonal petting farms;
(v)    farm museums;
(vi)    guest farms;
(vii)    pumpkin patches;
(viii)    “pick your own” or “cut your own” produce;
(ix)    camping;
(x)    incidental outdoor stays;
(xi)    classes related to agricultural products or skills; and
(xii)    picnic and party facilities offered in conjunction with any agritourism activity.
(b)    A local jurisdiction may adopt the definition of “agritourism” as defined in this section by local ordinance, resolution, law, or rule.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-213 - Alcohol Production Defined

(a)    (1)    In this section, “alcohol production” means an activity that is:
(i)    carried out by a license holder, as defined in § 1–101 of the Alcoholic Beverages Article; and
(ii)    related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages.
(2)    “Alcohol production” includes the use of an area to:
(i)    provide tastings of alcoholic beverages; or
(ii)    accommodate the license holder’s customers.
(b)    A local jurisdiction may adopt the definition of “alcohol production” as defined in this section by local ordinance, resolution, law, or rule.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 2 - Designation and Adoption › Section 4-214 - Agricultural Alcohol Production Defined

(a)    (1)    In this section, “agricultural alcohol production” means an activity that:
(i)    is carried out by a license holder, as defined in § 1–101 of the Alcoholic Beverages Article;
(ii)    occurs on agricultural land; and
(iii)    is related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages that use ingredients produced on the agricultural land or any associated agricultural land.
(2)    “Agricultural alcohol production” includes the use of an area to:
(i)    provide tastings of alcoholic beverages; or
(ii)    accommodate the license holder’s customers.
(b)    A local jurisdiction may adopt the definition of “agricultural alcohol production” as defined in this section by local ordinance, resolution, law, or rule.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 3 - Board of Appeals › Section 4-302 - Membership

(a)    A board of appeals consists of at least three members.
(b)    A member of a board of appeals shall be appointed by the local executive and confirmed by the legislative body.
(c)    The term of office of a member of a board of appeals is 3 years.
(d)    (1)    A member of a board of appeals may be removed by the local executive for:
(i)    incompetence;
(ii)    misconduct; or
(iii)    in the same manner as for a member of a State board or commission:
1.    failure to attend meetings under § 8–501 of the State Government Article; or
2.    conviction of a crime in accordance with § 8–502 of the State Government Article.
(2)    The local executive shall provide to the member:
(i)    a written statement of charges stating the grounds for removal; and
(ii)    an opportunity for a public hearing to contest the charges.
(e)    The appointing authority shall appoint a new member to fill the unexpired term of any member who leaves a board of appeals.
(f)    (1)    A legislative body shall designate one or more alternate members for the board of appeals who may sit on the board when another member of the board is absent or recused.
(2)    When an alternate member is absent or recused, the legislative body may designate a temporary alternate.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 3 - Board of Appeals › Section 4-303 - Meetings; Compensation

(a)    (1)    The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board.
(2)    The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses.
(3)    All meetings of a board of appeals shall be open to the public.
(b)    A member of a board of appeals may receive compensation that the legislative body considers appropriate.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 3 - Board of Appeals › Section 4-304 - Miscellaneous Duties

(a)    A board of appeals shall adopt rules in accordance with any local law adopted under this division.
(b)    A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
(c)    (1)    (i)    A board of appeals shall make a recording of all proceedings with a contemporaneous written record showing the vote of each member on each question or the member’s absence or failure to vote.
(ii)    1.    A board of appeals shall immediately file the recording of its proceedings in the office of the board.
2.    The recording shall be a public record.
(2)    If a recording or a transcript of a recording is not prepared in the normal course of the board’s proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 3 - Board of Appeals › Section 4-305 - Powers -- Appeals; Special Exceptions; Variances

A board of appeals may:
(1)    hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division;
(2)    hear and decide special exceptions to the terms of a local law on which the board is required to pass under the local law; and
(3)    authorize on appeal in specific cases a variance from the terms of a local law.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 3 - Board of Appeals › Section 4-306 - Appeal -- Procedures

(a)    An appeal to the board of appeals may be filed by:
(1)    a person aggrieved by a decision of the administrative officer or unit; or
(2)    an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit.
(b)    A person shall file an appeal within a reasonable time  provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal.
(c)    The administrative officer or unit from whose action the appeal is taken shall transmit promptly to the board all papers constituting the record of the action appealed.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an appeal to a board of appeals stays all proceedings in furtherance of the action appealed.
(2)    If an administrative officer or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals or the circuit court may stay the proceedings:
(i)    only for good cause shown; and
(ii)    through issuing a restraining order after notice is given to the administrative officer or unit.
(e)    (1)    A board of appeals shall:
(i)    establish a reasonable time for the hearing of an appeal;
(ii)    give public notice of the existence of the appeal and of the hearing;
(iii)    give due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the board of appeals; and
(iv)    decide the appeal within a reasonable time.
(2)    At a hearing, a party may:
(i)    appear in person; or
(ii)    be represented by an agent or attorney.
(f)    (1)    A board of appeals may, in conformity with this division:
(i)    wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;
(ii)    wholly or partly affirm the order, requirement, or decision that is the subject of the appeal;
(iii)    modify the order, requirement, or decision that is the subject of the appeal; or
(iv)    issue a new order, requirement,  or decision.
(2)    The board of appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 4 - Judicial Review › Section 4-401 - Procedure

(a)    Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county:
(1)    a person aggrieved by the decision or action;
(2)    a taxpayer; or
(3)    an officer or unit of the local jurisdiction.
(b)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(c)    This section does not change the existing standards for judicial review of a zoning action.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 4 - Judicial Review › Section 4-402 - Manner of Review; Additional Evidence

(a)    Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo.
(b)    (1)    If, after a hearing, the circuit court determines that testimony is needed for the proper disposition of the matter, the court may take evidence or appoint a special magistrate to:
(i)    take the required evidence; and
(ii)    report the evidence to the court with the special magistrate’s findings of fact and conclusions of law.
(2)    The special magistrate’s evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 4 - Judicial Review › Section 4-403 - Costs

The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted:
(1)    with gross negligence;
(2)    in bad faith; or
(3)    with malice.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 4 - Judicial Review › Section 4-405 - Order of Decision; Further Review

(a)    After deciding a judicial review under this subtitle, the circuit court shall file a written order and opinion embodying the reasons for its decision.
(b)    (1)    A party may file an appeal of a judgment of the circuit court with the Court of Special Appeals during the period and in the manner required by the Maryland Rules.
(2)    The Court of Special Appeals may award costs in any appeal to that court under this subsection.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 4 - Zoning › Subtitle 4 - Judicial Review › Section 4-406 - Additional Matters for Judicial Review

(a)    In addition to the judicial review provided under this subtitle, a legislative body may allow judicial review by the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction.
(b)    A judgment of the circuit court under this section may be appealed to the Court of Special Appeals.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 1 - Powers › Section 5-101 - Powers

(a)    Except as provided in subsection (b) of this section, the territorial jurisdiction of a planning commission over a subdivision is limited to land located in the local jurisdiction.
(b)    In a local jurisdiction where a county has not adopted subdivision regulations, the territorial jurisdiction of a planning commission of a municipal corporation may include all land located up to 1 mile beyond the corporate limits of the municipal corporation that is not located in any other municipal corporation.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 1 - Powers › Section 5-102 - Subdivision Regulations

(a)    Before exercising subdivision powers under §§ 5–202 and 5–203 of this title, the planning commission shall recommend subdivision regulations to the legislative body.
(b)    The subdivision regulations shall be for the health, safety, welfare, and common interest of the citizens of the local jurisdiction.
(c)    The subdivision regulations may include provisions for the purposes of:
(1)    adequately controlling shore erosion;
(2)    controlling sediment and ensuring protection from flooding;
(3)    arranging streets in relation to each other and to the comprehensive plan;
(4)    adequately and conveniently placing public school sites and open spaces for traffic, utilities, access of fire–fighting apparatus, recreation, and access to light and air;
(5)    properly managing growth and development;
(6)    setting minimum lot widths and areas; and
(7)    determining the extent to which the following actions shall be taken before the approval of a plat:
(i)    the grading and improvement of streets and other ways;
(ii)    the provision of soil erosion or sediment control; and
(iii)    the installation of water, sewer, other utility mains, piping, or other facilities.
(d)    (1)    Subdivision regulations shall require that an appropriate easement be provided for any burial site located on the land.
(2)    The easement shall be subject to the subdivision plat for entry to and exit from the burial site by an individual related by blood or marriage or a person in interest, as defined in § 14–121 of the Real Property Article.
(3)    The existing right–of–way need not be extended for any improvements on the burial site.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 1 - Powers › Section 5-103 - Notice and Hearing for Regulations

(a)    Before adoption of a subdivision regulation, the legislative body shall hold a public hearing on the subdivision regulation.
(b)    The legislative body shall publish a notice of the public hearing at least once in a weekly or daily newspaper that circulates in the local jurisdiction.
(c)    The notice shall contain:
(1)    the text of the subdivision regulation or, at the discretion of the legislative body, a brief and accurate summary of the nature and contents of the subdivision regulation sufficient to inform an individual of ordinary intelligence of the nature and contents of the subdivision regulation; and
(2)    the time and place of the public hearing.
(d)    When the legislative body adopts a subdivision regulation, the legislative body shall file a certified copy of the subdivision regulation with the clerk of the circuit court in which the local jurisdiction is located for recording.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 1 - Powers › Section 5-104 - Major Subdivision -- Review

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.
(3)    “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.
(4)    “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article.
(5)    (i)    “Planning board” means a planning board established under this article.
(ii)    “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
(6)    “Shared facility” has the meaning stated in § 9–206 of the Environment Article.
(b)    This section applies only to a residential major subdivision in a Tier III area served by:
(1)    on–site sewage disposal systems;
(2)    a shared facility; or
(3)    a community sewerage system.
(c)    If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area.
(d)    (1)    Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing.
(2)    The planning board shall conduct the public hearing in accordance with its rules and procedures.
(e)    The review of a residential major subdivision by the planning board shall include:
(1)    the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and
(2)    the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision.
(f)    The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 1 - Powers › Section 5-105 - Existing Platting Statutes

(a)    After a planning commission begins to exercise control over subdivisions under this subtitle, the authority of the planning commission over plats shall be exclusive within the territory under its jurisdiction.
(b)    Unless otherwise provided in this division, all statutory control over plats or subdivisions granted by other statutes shall be considered transferred to the planning commission of the local jurisdiction.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 2 - Plat Approval › Section 5-201 - Final Plat Approval -- Procedure and Effect

(a)    (1)    (i)    Subject to paragraph (2) of this subsection, if an applicant has complied with all subdivision regulations, a planning commission shall approve or disapprove a final plat within 30 days after the applicant submits the final plat to the planning commission.
(ii)    If the planning commission does not approve or disapprove the plat within 30 days, the plat shall be considered approved and the planning commission shall issue a certificate to that effect on demand.
(2)    Notwithstanding paragraph (1) of this subsection, if the planning commission does not approve or disapprove the plat within 30 days, an applicant for approval of a final plat may waive this requirement and consent to an extension of the period for approval.
(3)    If a final plat is disapproved, the planning commission shall state the grounds for the disapproval in the planning commission’s records.
(b)    (1)    Each plat approved by the planning commission shall, through the approval, be considered:
(i)    an amendment or a detail of the comprehensive plan; and
(ii)    a part of the comprehensive plan.
(2)    Approval of a plat does not constitute or effect an acceptance by the public of any street or other open space shown on the plat.
(3)    A planning commission periodically may recommend to the legislative body amendments of the zoning law or map to conform to the planning commission’s recommendations for the zoning regulation of the territory within approved subdivisions.
(c)    (1)    A planning commission may agree with an applicant on use, height, area, or bulk requirements or restrictions that are designed to promote the purposes of the zoning law of the local jurisdiction.
(2)    (i)    The requirements or restrictions shall be stated on the plat before the plat is approved and recorded.
(ii)    The requirements or restrictions shall have the same force of law, shall be enforceable in the same manner and with the same sanctions and penalties, and shall be subject to the same power of amendment or repeal as though part of the zoning law or map of the local jurisdiction.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 2 - Plat Approval › Section 5-202 - Final Plat Approval -- Filing

(a)    This section applies only where a legislative body has:
(1)    adopted the transportation element of the comprehensive plan of all or part of the territory within its subdivision jurisdiction; and
(2)    filed a certified copy of the plan with the clerk of the circuit court of the county in which all or part of the territory is located.
(b)    A plat of a subdivision within the territory or part may not be filed or recorded until:
(1)    the planning commission approves the plat; and
(2)    the chair or secretary of the planning commission indicates an approval in writing on the plat.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 2 - Plat Approval › Section 5-203 - Final Plat Approval -- Delegation

(a)    A planning commission may authorize an administrative officer to approve subdivision plats and site plans under § 5–202 of this subtitle in accordance with nondiscretionary criteria adopted and specified by local law.
(b)    The administrative officer shall approve a plat by indicating an approval in writing on the plat.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 2 - Plat Approval › Section 5-204 - Tentative Plat Approval

(a)    A planning commission may provide in the subdivision regulations or practice for tentative approval of a plat before completion of improvements or installation of utilities.
(b)    Tentative approval of a plat shall be revocable and may not be indicated on the plat.
(c)    (1)    Instead of requiring the completion of improvements and installation of utilities before the final approval of a plat, a planning commission may accept security approved by the local jurisdiction to secure the construction of improvements and installation of utilities.
(2)    Forms of security accepted by a planning commission under paragraph (1) of this subsection:
(i)    shall specify the time for completion and specifications set by or in accordance with the subdivision regulations of the planning commission;
(ii)    may include a bond with surety, an irrevocable letter of credit, or any other form of security approved by the local jurisdiction; and
(iii)    may be enforced by any appropriate legal or equitable remedy.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 3 - Unapproved Plats and Subdivisions › Section 5-301 - Sale or Transfer of Lots in Unapproved Subdivisions

(a)    (1)    Except as otherwise provided in §§ 9–603, 9–806, 9–1004, 9–1605, and 9–1606 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, or agree to 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 planning commission; and
(ii)    recorded or filed in the office of the appropriate county clerk.
(2)    A person who violates this subsection is subject to a civil penalty of not less than $200 and not exceeding $1,000 for each violation.
(3)    Each lot or parcel transferred or sold or agreed to be sold in violation of this subsection is a separate violation.
(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 selling or transferring does not exempt the transaction from the penalties or remedies provided in this section.
(c)    A local jurisdiction may seek to:
(1)    enjoin the transfer, sale, or agreement in any circuit court; or
(2)    recover the penalty by civil action in a court of competent jurisdiction.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 3 - Unapproved Plats and Subdivisions › Section 5-302 - Recording Unapproved Subdivision Plat

(a)    A clerk of the circuit court for the county in which the local jurisdiction is located may not record a subdivision plat unless the plat has been approved by the planning commission for the local jurisdiction in the manner required by law.
(b)    A subdivision plat that is recorded without the required approval is limited to the legal effect of an unrecorded plat.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 5 - Subdivision › Subtitle 4 - Judicial Review › Section 5-401 - Authorized

(a)    A legislative body may authorize judicial review by the circuit court of any matter arising under this title.
(b)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(c)    A judgment of the circuit court under this section may be appealed to the Court of Special Appeals.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-101 - Survey; Reservation Plat

After adopting the transportation element of a comprehensive plan, a planning commission periodically may:
(1)    conduct surveys to locate street lines and any other part of the transportation element; and
(2)    make a reservation plat of the area surveyed, showing the land that the planning commission recommends be reserved for future dedication or acquisition as public streets and any other part of the transportation element.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-102 - Reservation for Future Acquisition

(a)    On approval and adoption of a plat, streets located on the plat are reserved for future acquisition for public use.
(b)    The approval and adoption of a plat does not constitute the establishment of a street or acquisition of any land to create a street, public use, or public improvement.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-103 - Public Hearing

(a)    Before adopting a plat, a planning commission shall hold a public hearing on the plat.
(b)    At least 10 days before the public hearing, the planning commission shall publish a notice of the time and place of the hearing, with a general description of the area covered by the plat, in a newspaper of general circulation in the local jurisdiction in which the area is located.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-104 - Legislative Body

(a)    After the public hearing under § 6–103 of this subtitle, the planning commission may transmit the plat, as originally made or as amended by the planning commission, to the legislative body with the planning commission’s estimate of the schedule by which the local jurisdiction should acquire the reserved land.
(b)    After receiving the plat from the planning commission, the legislative body, by resolution, may:
(1)    approve and adopt the plat;
(2)    disapprove the plat;
(3)    modify the plat with the approval of the planning commission; or
(4)    adopt a modified plat, notwithstanding the prior disapproval of the modification by the planning commission, with a favorable vote of at least two–thirds of the entire membership of the legislative body.
(c)    In the resolution adopting the plat, the legislative body shall establish the period for which land is to be reserved under § 6–102 of this subtitle.
(d)    After the plat is adopted, the clerk of the legislative body shall:
(1)    transmit one attested copy of the plat to the clerk of the circuit court of each county in which the platted land is located; and
(2)    keep one copy of the plat for public examination.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-105 - Negotiation With Landowners

(a)    A planning commission may negotiate for or secure from the owner of reserved land:
(1)    a release of claims for damages or compensation for the reservation of the land; or
(2)    an agreement indemnifying the local jurisdiction from claims by others for damages or compensation.
(b)    A negotiated release or agreement shall bind the landowner executing the release or agreement and the landowner’s successors in title.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 1 - Street Reservation › Section 6-106 - Modification of Plat

(a)    At any time after the filing of a plat with the clerk of the circuit court of the county and during the period specified for the reservation, a planning commission and the owner of reserved land may agree to modify the location of the lines of a proposed street.
(b)    An agreement to modify the location shall include a release by the landowner of any claim for compensation or damages caused by the modification.
(c)    (1)    After the release is executed, the planning commission may make a plat corresponding to the modification and transmit the plat to the legislative body for approval.
(2)    If the legislative body approves the modified plat, the clerk of the legislative body shall transmit an attested copy of the modified plat to the clerk of the circuit court of the county in which the local jurisdiction is located.
(3)    The modified plat shall supersede the original or prior plat.