reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 2 - Development Restrictions › Section 6-201 - "Appellate Board" Defined

In this subtitle, “appellate board” means:
(1)    the board of appeals of a local jurisdiction established under Title 4, Subtitle 3 of this article; or
(2)    a special board of appeals created to consider appeals under this subtitle.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 2 - Development Restrictions › Section 6-202 - Development Prohibited in Reserved Areas

Except as otherwise provided in § 6–203 of this subtitle, after recording a reservation plat approved by a legislative body under Subtitle 1 of this title, a local jurisdiction may not issue a permit to develop any part of the land between the lines of a proposed street as platted.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 2 - Development Restrictions › Section 6-203 - Development Permit

(a)    The appellate board of the local jurisdiction where a platted street is located may grant a permit to develop a platted street on an appeal filed by the owner of the land on which the street is located:
(1)    after a hearing at which the parties in interest have an opportunity to be heard; and
(2)    by a vote of a majority of the authorized membership of the appellate board.
(b)    At least 15 days before the hearing required under subsection (a) of this section, the appellate board shall:
(1)    mail to the appellant, at the address specified in the appeal petition, notice of the time and place of the hearing; and
(2)    publish a notice of the hearing in a newspaper of general circulation in the local jurisdiction.
(c)    (1)    In order to grant a development permit, the appellate board shall find from the evidence and arguments presented on appeal that:
(i)    the entire property of the appellant, of which the reserved street location forms a part, cannot yield a reasonable return to the owner unless the permit is granted; and
(ii)    after balancing the interests of the local jurisdiction and the appellant, the permit is required by reasonable justice and equity.
(2)    In balancing the interests of each party, the appellate board shall consider:
(i)    the interest of the local jurisdiction in preserving the integrity of the street plat and comprehensive plan; and
(ii)    the interest of the appellant in the use of the property and in the benefits of property ownership.
(d)    If the appellate board grants a development permit, the appellate board:
(1)    shall specify the exact location, ground area, height, and other details of the development; and
(2)    may impose reasonable requirements benefiting the local jurisdiction as a condition of granting the permit.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 6 - Street Planning › Subtitle 2 - Development Restrictions › Section 6-204 - Development Prohibitions; Official Map

(a)    A public sewer or other public street utility or improvement may not be constructed in a street or highway until the street or highway is placed on the official map.
(b)    A development permit may not be issued unless a street or highway giving access to the proposed development has been placed on the official map.
(c)    (1)    An applicant for a permit may appeal from a decision of the administrative officer in charge of issuing permits to an appellate board if:
(i)    the enforcement of this section would entail exceptional difficulty or unwarranted hardship; and
(ii)    the circumstances do not require the development to be related to existing or proposed streets or highways.
(2)    In deciding an appeal under this subsection, the appellate board may make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout.
(3)    A decision rendered under this subsection shall be subject to judicial review in the same manner and subject to the same provisions of law as a decision of a board of appeals on zoning regulations under Title 4, Subtitle 4 of this article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 1 - Development Mechanisms › Section 7-101 - Local Authority

To encourage the preservation of natural resources or the provision of affordable housing and to facilitate orderly development and growth, a local jurisdiction that exercises authority granted by this division may enact, and is encouraged to enact, local laws providing for or requiring:
(1)    the planning, staging, or provision of adequate public facilities and affordable housing;
(2)    off–site improvements or the dedication of land for public facilities essential for a development;
(3)    moderately priced dwelling unit programs;
(4)    mixed use developments;
(5)    cluster developments;
(6)    planned unit developments;
(7)    alternative subdivision requirements that:
(i)    meet minimum performance standards set by the local jurisdiction; and
(ii)    reduce infrastructure costs;
(8)    floating zones;
(9)    incentive zoning; and
(10)    performance zoning.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 1 - Development Mechanisms › Section 7-102 - Transfer of Real Property

Notwithstanding any other provision of law, a legislative body that exercises authority granted by this division may enact local laws providing for the transfer, with or without consideration, of real property belonging to the local jurisdiction to a public or private entity, to use in developing or preserving affordable housing.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 1 - Development Mechanisms › Section 7-103 - Scope of Authority

The authority granted under this subtitle is not intended to limit a local jurisdiction’s authority to:
(1)    exercise any planning and zoning powers not expressly authorized under this subtitle; or
(2)    adopt other methods to:
(i)    facilitate orderly development and growth;
(ii)    encourage the preservation of natural resources; or
(iii)    provide affordable housing.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 1 - Development Mechanisms › Section 7-104 - Restriction in Priority Funding Area -- Reports

(a)    In this section, “restriction” means a restriction, moratorium, or capacity limitation imposed on development as a result of a local law enacted under this subtitle.
(b)    (1)    If an adequate public facility law has resulted in a restriction within a priority funding area, on or before July 1 every 2 years, a local jurisdiction shall report on the restriction to the Department of Planning.
(2)    The report shall include:
(i)    the location of the restriction;
(ii)    the type of infrastructure affected by the restriction;
(iii)    the proposed resolution of the restriction, if available;
(iv)    the estimated date for the resolution of the restriction, if available;
(v)    if a restriction was lifted, the date the restriction was lifted;
(vi)    the local law or resolution that lifted the restriction;
(vii)    any waiver of the restriction that was proposed; and
(viii)    any waiver of the restriction that was implemented.
(c)    (1)    On or before January 1 every 2 years, the Department of Planning shall prepare and publish a report on the statewide impacts of adequate public facility laws.
(2)    The report shall include the identification of:
(i)    geographic areas and facilities within priority funding areas that fail to meet local adequate public facility standards; and
(ii)    improvements to facilities scheduled or proposed in the local jurisdiction’s capital improvement program.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 2 - Transfer of Development Rights › Section 7-201 - Local Authority

A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights to:
(1)    encourage the preservation of natural resources; and
(2)    facilitate orderly growth and development in the State in conjunction with programs for preservation of open space and agricultural land and other development management programs and techniques.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 2 - Transfer of Development Rights › Section 7-202 - Priority Funding Areas

(a)    In this section, “public facility” includes:
(1)    recreational facilities;
(2)    transportation facilities and transit–oriented development; and
(3)    schools and educational facilities.
(b)    A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the acquisition of land for the construction of a public facility within a priority funding area.
(c)    (1)    Except as provided in paragraph (2) of this subsection, proceeds of the sale of development rights shall be used to assist in:
(i)    the acquisition of the public site; or
(ii)    the construction of the public facility.
(2)    For schools and educational facilities, proceeds of the sale of development rights may only be used to assist in the acquisition of the land on which the school or educational facility will be located.
(d)    (1)    Any development rights sold under this section may only be transferred within a priority funding area.
(2)    Development rights associated with existing public land that is owned by a local jurisdiction on October 1, 2009, may not be sold or transferred under this section.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 3 - Development Rights and Responsibilities Agreements › Section 7-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Development rights and responsibilities agreement” or “agreement” means an agreement between a local governing body and a person having a legal or equitable interest in real property to establish conditions under which development may proceed for a specified time.
(c)    “Local governing body” means the legislative body, the local executive, or other elected governmental body that has zoning powers under this division.
(d)    “Public principal” means the governmental entity of a local jurisdiction that has been granted the authority to enter agreements under § 7–302(a) of this subtitle.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 3 - Development Rights and Responsibilities Agreements › Section 7-302 - Powers

(a)    Subject to §§ 7–303 through 7–305 of this subtitle, the local governing body of a local jurisdiction may:
(1)    by local law, establish procedures and requirements for the consideration and execution of agreements; and
(2)    delegate all or part of the authority established under the local law to a public principal within the jurisdiction of the local governing body.
(b)    The public principal may:
(1)    execute agreements for real property located within the jurisdiction of the local governing body with a person having a legal or equitable interest in the real property, including property that is the subject of annexation of land to a municipal corporation; and
(2)    include a federal, State, or local government or unit as an additional party to the agreement.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 3 - Development Rights and Responsibilities Agreements › Section 7-303 - Contents of Agreement

(a)    A development rights and responsibilities agreement shall include:
(1)    a legal description of the real property subject to the agreement;
(2)    the names of the persons having a legal or equitable interest in the real property subject to the agreement;
(3)    the duration of the agreement;
(4)    the permissible uses of the real property;
(5)    the density or intensity of use of the real property;
(6)    the maximum height and size of structures to be located on the real property;
(7)    a description of the permits required or already approved for the development of the real property;
(8)    a statement that the proposed development is consistent with the comprehensive plan and development regulations of the local jurisdiction;
(9)    a description of the conditions, terms, restrictions, or other requirements determined by the local governing body of the local jurisdiction to be necessary to ensure the public health, safety, or welfare; and
(10)    to the extent applicable, provisions for the:
(i)    dedication of a portion of the real property for public use;
(ii)    protection of sensitive areas;
(iii)    preservation and restoration of historic structures; and
(iv)    construction or financing of public facilities.
(b)    An agreement may:
(1)    set the time frame and terms for development and construction on the real property; and
(2)    provide for other matters consistent with this division.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 3 - Development Rights and Responsibilities Agreements › Section 7-304 - Applicable Local Laws, Rules, Regulations, and Policies

(a)    Except as provided in subsection (b) of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to an agreement shall be the local laws, rules, regulations, and policies in force at the time the parties execute the agreement.
(b)    If the local jurisdiction determines that compliance with local laws, rules, regulations, and policies enacted or adopted after the effective date of an agreement is essential to ensure the public health, safety, or welfare, an agreement may not prevent a local government from requiring a person to comply with those local laws, rules, regulations, and policies.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 3 - Development Rights and Responsibilities Agreements › Section 7-305 - Procedures

(a)    Before entering into an agreement, a person having a legal or equitable interest in real property or the person’s representative shall petition the public principal of the local jurisdiction in which the property is located.
(b)    (1)    After receiving a petition and before entering into an agreement, the public principal shall conduct a public hearing.
(2)    A public hearing that is required for approval of the development satisfies the public hearing requirement.
(c)    The public principal of a local jurisdiction may not enter into an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the comprehensive plan of the local jurisdiction.
(d)    (1)    If an agreement is not recorded in the land records of the local jurisdiction within 20 days after the date on which the parties execute the agreement, the agreement is void.
(2)    The parties to an agreement and their successors in interest are bound to the agreement after the agreement is recorded.
(e)    An agreement shall be void 5 years after the date on which the parties execute the agreement unless:
(1)    otherwise established under § 7–303 of this subtitle; or
(2)    extended by amendment under subsection (f) of this section.
(f)    (1)    Subject to paragraph (2) of this subsection and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
(2)    Unless the planning commission of the local jurisdiction determines whether the proposed amendment is consistent with the comprehensive plan of the local jurisdiction, the parties may not amend an agreement.
(g)    (1)    The parties to an agreement may terminate the agreement by mutual consent.
(2)    If the public principal or the local governing body determines that suspension or termination is essential to ensure the public health, safety, or welfare, the public principal or the local governing body may suspend or terminate an agreement after a public hearing.
(h)    Unless the agreement is terminated under subsection (g) of this section, the parties to an agreement or their successors in interest may enforce the agreement.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 7 - Other Development Management Tools › Subtitle 4 - Inclusionary Zoning › Section 7-401 - Affordable Housing

(a)    To promote the creation of housing that is affordable by individuals and families with low or moderate incomes, a legislative body that exercises authority under this division may enact local laws:
(1)    imposing inclusionary zoning, and awarding density bonuses, to create affordable housing units; and
(2)    restricting the use, cost, and resale of housing that is created under this subtitle to ensure that the purposes of this subtitle are carried out.
(b)    The authority granted under this subtitle is in addition to any other zoning and planning powers.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 1 - General Provisions › Section 8-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Appurtenance and environmental setting” includes:
(1)    paved or unpaved walkways and driveways;
(2)    trees;
(3)    landscaping;
(4)    pastures;
(5)    croplands;
(6)    waterways; and
(7)    rocks.
(c)    “Commission” includes a historic district commission or a historic preservation commission.
(d)    “Demolition” includes any willful neglect in the maintenance and repair of a structure, other than the appurtenance and environmental setting of the structure, that:
(1)    is not due to a financial inability to maintain and repair the structure; and
(2)    threatens to result in a substantial deterioration of the exterior features of the structure.
(e)    “District” means a significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or development.
(f)    “Person” includes a unit of local government.
(g)    “Routine maintenance” means work that:
(1)    does not alter the exterior fabric or features of a site or structure; and
(2)    has no material effect on the historical, archaeological, or architectural significance of the site or structure.
(h)    “Site” means the location of:
(1)    an event of historic significance; or
(2)    a structure or ruin that possesses historic, archaeological, or cultural significance.
(i)    (1)    “Structure” means a combination of material to form a construction that is stable.
(2)    “Structure” includes:
(i)    a building;
(ii)    a stadium;
(iii)    a reviewing stand;
(iv)    a platform;
(v)    staging;
(vi)    an observation tower;
(vii)    a radio tower;
(viii)    a water tank or tower;
(ix)    a trestle;
(x)    a bridge;
(xi)    a pier;
(xii)    paving;
(xiii)    a bulkhead;
(xiv)    a wharf;
(xv)    a shed;
(xvi)    a coal bin;
(xvii) a shelter;
(xviii) a fence;
(xix)    a display sign that is visible or intended to be visible from a public way; and
(xx)    a part of a structure.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 1 - General Provisions › Section 8-103 - Scope and Construction of Title

(a)    The preservation of a designated structure under this title includes preservation of an associated:
(1)    natural land formation; and
(2)    appurtenance and environmental setting.
(b)    This title may not be construed to prevent routine maintenance, customary farming operations, or landscaping that does not have a material effect on the historic, archaeological, or architectural significance of a designated site, structure, or district.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 1 - General Provisions › Section 8-104 - Regulation of Sites and Structures

(a)    The legislative body of each local jurisdiction, by local law, may regulate:
(1)    the construction, reconstruction, alteration, moving, and demolition of sites or structures of historical, archaeological, or architectural significance;
(2)    the construction, reconstruction, alteration, moving, and demolition of sites and structures within districts; and
(3)    the appurtenances and environmental settings of sites and structures within the limits of the local jurisdiction.
(b)    The purpose of a local law adopted under this section is to:
(1)    safeguard the heritage of the local jurisdiction by preserving sites, structures, or districts that reflect elements of cultural, social, economic, political, archaeological, or architectural history;
(2)    stabilize and improve the property values of those sites, structures, or districts;
(3)    foster civic beauty;
(4)    strengthen the local economy; and
(5)    promote the preservation and appreciation of those sites, structures, and districts for the education and welfare of the residents of each local jurisdiction.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 1 - General Provisions › Section 8-105 - Designation of Boundaries for Sites, Structures, and Districts

For the purposes of this title, each local jurisdiction may designate boundaries for sites, structures, and districts that are considered to be of historic, archaeological, or architectural significance, by following the procedures of the local jurisdiction for establishing or changing zoning districts and classifications.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 2 - Commission › Section 8-202 - Membership

(a)    (1)    A commission shall consist of at least five members.
(2)    A majority of the members of a commission shall be residents of the local jurisdiction that created the commission.
(b)    (1)    Each member of a commission shall have a demonstrated special interest, specific knowledge, or professional or academic training in:
(i)    history;
(ii)    architecture;
(iii)    architectural history;
(iv)    planning;
(v)    archaeology;
(vi)    anthropology;
(vii)    curation;
(viii)    conservation;
(ix)    landscape architecture;
(x)    historic preservation;
(xi)    urban design; or
(xii)    a related discipline.
(2)    A local jurisdiction that creates a commission may establish and publicly adopt additional qualifications for a member of the commission.
(c)    (1)    The term of a member of a commission is 3 years.
(2)    The terms of the members shall be staggered.
(3)    A member is eligible for reappointment.
(4)    The appointing authority shall fill any vacancy on a commission for the unexpired term of the vacant position.
(d)    (1)    A member of a commission may be removed by the appointing authority 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 appointing authority 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)    (1)    Each local jurisdiction may designate one alternate member for the commission who may sit on the commission when any other member of the commission is absent.
(2)    When the alternate member is absent, the local jurisdiction may designate a temporary alternate.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 2 - Commission › Section 8-205 - Powers

(a)    (1)    Subject to any requirements of the local jurisdiction that relate to the acquisition of easements, a commission may acquire easements in connection with individual sites or structures, or with sites or structures located in or adjacent to a locally designated historic district.
(2)    An easement acquired by a commission may grant to the commission, the residents of the historic district, and the public the right to ensure that any site, structure, or surrounding property on which the easement is applied is protected in perpetuity from changes that would affect the historic, archaeological, or architectural significance of the site, structure, or surrounding property.
(b)    (1)    A commission may designate the Maryland Historical Trust to analyze and make recommendations on the preservation of sites, structures, or districts of historic, archaeological, architectural, or cultural significance within the area the commission serves.
(2)    The recommendations of the Maryland Historical Trust may include:
(i)    proposed boundaries for sites, structures, and districts; and
(ii)    the identification and designation of the sites, structures, and districts to be preserved.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-301 - Guidelines for Rehabilitation and New Construction Design

(a)    A local jurisdiction shall adopt guidelines for rehabilitation and new construction design for designated sites, structures, and districts that are consistent with those generally recognized by the Maryland Historical Trust.
(b)    The guidelines adopted under this section may include:
(1)    design characteristics intended to meet the needs of particular types of sites, structures, and districts; and
(2)    identification of categories of changes that are so minimal in nature that they do not:
(i)    affect historic, archaeological, or architectural significance; and
(ii)    require review by a commission.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-302 - Application for Changes to Sites or Structures -- in General

(a)    A person shall file an application with the commission before constructing, reconstructing, altering, moving, or demolishing a site or structure located within a locally designated district if any exterior changes are involved that would affect the historic, archaeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way.
(b)    (1)    An application filed under subsection (a) of this section shall be considered and approved or rejected by the commission.
(2)    The commission may reject an application based only on the considerations listed in § 8–303(a) of this subtitle.
(c)    An applicant may not resubmit an application that is identical to a rejected application for 1 year after the rejection.
(d)    A local jurisdiction may not grant a permit for a change to a locally designated site or structure, or to a site or structure located in a locally designated district, until the commission has acted on the application in accordance with § 8–303(a) of this subtitle.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-303 - Application for Changes to Sites or Structures -- Review of Application

(a)    In reviewing an application, a commission shall:
(1)    use the guidelines adopted under § 8–301 of this subtitle; and
(2)    consider:
(i)    the historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological, or architectural significance of the surrounding area;
(ii)    the relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area;
(iii)    the general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used; and
(iv)    any other factors, including aesthetics, that the commission considers pertinent.
(b)    A commission shall consider only the exterior features of a structure.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-304 - Plans for Sites or Structures

(a)    A commission shall strictly judge plans for sites or structures determined by research to be of historic, archaeological, or architectural significance.
(b)    Unless the plans would seriously impair the historic, archaeological, or architectural significance of the surrounding site or structure, a commission may not strictly judge plans:
(1)    for a site or structure of little historic, archaeological, or architectural significance; or
(2)    involving new construction.
(c)    A commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one period.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-305 - Preservation of Sites or Structures

(a)    A commission shall attempt, with the owner of a site or structure, to formulate an economically feasible plan to preserve the site or structure if:
(1)    an application is submitted for construction, reconstruction, or alteration affecting a site or the exterior of a structure or for the moving or demolition of a structure; and
(2)    the commission considers preservation of the site or structure to be of unusual importance to the local jurisdiction, the State, or the nation.
(b)    Unless the commission is satisfied that the proposed construction, reconstruction, or alteration will not materially impair the historic, archaeological, or architectural significance of the site or structure, the commission shall:
(1)    reject the application; and
(2)    file a copy of its rejection with the building inspector of the local jurisdiction.
(c)    The commission shall have 90 days after the date on which the commission concludes that an economically feasible plan cannot be formulated under this section to negotiate with the owner and other parties to find a means of preserving the site or structure.
(d)    If a site or structure is considered to be valuable for its historic, archaeological, or architectural significance, a commission may approve proposed construction, reconstruction, alteration, moving, or demolition, despite the fact that the changes come within the provisions of this section if:
(1)    the site or structure is a deterrent to a major improvement program that will be of substantial benefit to the local jurisdiction; or
(2)    the retention of the site or structure would:
(i)    cause undue financial hardship to the owner; or
(ii)    not be in the best interests of a majority of persons in the community.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-306 - Certificate of Approval, Modification, or Rejection

(a)    (1)    A commission shall file with the building inspector of the local jurisdiction a certificate of the commission’s approval, approval with conditions, or modification, or written notice of rejection of an application or plan submitted to the commission for review.
(2)    An applicant may not begin work on a project submitted to the commission for review until the commission has filed the certificate of approval, approval with conditions, or modification with the building inspector.
(3)    The building inspector may not issue a building permit for a change or construction submitted to the commission for review until the building inspector has received the certificate of approval, approval with conditions, or modification from the commission.
(b)    If there is no building inspector in the local jurisdiction:
(1)    a commission shall issue a certificate of the commission’s approval, approval with conditions, or modification, or a written notice of rejection, to the owner, lessee, or tenant of the property that is the subject of the application or plan; and
(2)    the owner, lessee, or tenant may not begin the proposed work or change until the commission has issued the certificate of approval, approval with conditions, or modification.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 3 - Preservation and Permitting › Section 8-307 - Failure to Act on Completed Application

If a commission fails to act on a completed application within 45 days after the date when the completed application was filed, the application shall be considered approved unless:
(1)    the applicant and the commission agree to an extension of the 45–day period; or
(2)    the application is withdrawn.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 8 - Historic Preservation › Subtitle 4 - Miscellaneous Provisions › Section 8-401 - Conversion of Overhead Facilities

(a)    (1)    Each local jurisdiction in which a district is designated may enact local laws requiring that:
(i)    utility companies relocate existing overhead lines and facilities underground within the defined part of the district or the entire district; and
(ii)    if necessary, private owners who receive service from the relocated lines and facilities place any connection underground.
(2)    A local law enacted under this section shall:
(i)    require that the estimated cost to property owners for work performed on private property be determined and made available to affected property owners;
(ii)    provide financing for these costs to private owners, including financing for any charges for the amortization of bonds issued to initially cover private costs; and
(iii)    include any other provisions reasonably related to placing overhead lines and facilities underground and administering underground relocation projects.
(b)    (1)    Except as otherwise provided in this section, the Public Service Commission shall:
(i)    determine the amount of the monthly surcharge required to support the net capital costs of an underground relocation and determine which customers of the applicable utility are subject to the surcharge;
(ii)    include the related net capital costs in the rate base; or
(iii)    adopt any other method to appropriately apportion the costs.
(2)    A utility may not be required to pay more than one–half of the net capital costs of an underground relocation.
(c)    A local jurisdiction may appropriate money for underground relocation projects from any federal, State, and local funds the local jurisdiction receives for that purpose.
(d)    (1)    In implementing subsection (a)(2)(ii) of this section, the local jurisdiction may enter into an agreement with individual property owners under which the local jurisdiction agrees to advance funds to cover the property owners’ costs for the relocation of the overhead lines and facilities.
(2)    (i)    The local jurisdiction may appropriate money, impose taxes, or borrow money to pay and advance the costs of an underground relocation.
(ii)    In order to recapture expended costs, the local jurisdiction may:
1.    impose a benefit assessment against property in the district on behalf of which the utility is relocated underground; and
2.    provide for the collection of the assessment.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 1 - Allegany County › Section 9-102 - Planning Commission

(a)    The planning commission may consist of nine members.
(b)    (1)    The term of a member of the planning commission is 5 years.
(2)    The terms of two of the members of the planning commission shall be staggered.
(3)    At the end of a term, a member of the planning commission continues to serve until a successor is appointed and qualifies.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 3 - Baltimore County › Section 9-302 - Enforcement of Zoning Regulations

(a)    In addition to the jurisdiction granted in Title 11, Subtitle 2 of this article, the legislative body of Baltimore County may provide by local law for an administrative proceeding to enforce its zoning regulations.
(b)    The local law may include the authority to impose civil fines and penalties for zoning violations.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 6 - Carroll County › Section 9-602 - Appointment to Planning Commission

(a)    The county commissioners may appoint one of the members of the board of county commissioners to the planning commission.
(b)    (1)    The county commissioners shall designate one alternate member of the planning commission who may sit on the planning commission in the absence of a member of the planning commission.
(2)    When the alternate is absent, the county commissioners may designate a temporary alternate.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 6 - Carroll County › Section 9-603 - Sale of Certain Property by Use of Unapproved Plat of Subdivision

If a plat is approved and recorded in accordance with this division before the transfer of the property, § 5–301 of this article does not apply to a contract for sale or negotiation for sale of property zoned industrial, commercial, or both industrial and commercial.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 6 - Carroll County › Section 9-604 - Assessment for Abatement of Zoning Violation

(a)    If the county commissioners abate a violation of a zoning law, the county commissioners may assess against the property the reasonable costs of the abatement.
(b)    (1)    The assessment shall be:
(i)    added to the annual tax bill of the property to be collected in the same manner as ordinary taxes are collected; and
(ii)    subject to the same interest and penalty for nonpayment as provided by law for the nonpayment of county taxes.
(2)    The assessment is a lien against the property from the date of assessment until paid.
(c)    (1)    A property owner aggrieved by the assessment may petition the county commissioners for relief.
(2)    Within 30 days after receiving a petition, the county commissioners shall conduct a hearing to determine the propriety and reasonableness of the assessment.
(3)    At the hearing, the petitioner shall have the burden of showing good cause as to why the assessment should not be made.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 7 - Cecil County › Section 9-702 - Planning Commission

(a)    The planning commission consists of six regular members and one alternate member.
(b)    (1)    The term of a member of the planning commission is 3 years.
(2)    The terms of the members of the planning commission shall be staggered.
(3)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4)    An ex officio member serves a term concurrent with the member’s term of office.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 7 - Cecil County › Section 9-703 - Director of Planning and Zoning

(a)    (1)    The board of county commissioners shall appoint a director of planning and zoning for the county.
(2)    The director shall serve at the pleasure of the county commissioners.
(b)    The planning commission may not appoint a director of planning and zoning.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 7 - Cecil County › Section 9-704 - Board of Appeals

(a)    Notwithstanding § 4–302 of this article, the board of appeals consists of five regular members and one alternate member.
(b)    (1)    The term of a member of the board of appeals is 3 years.
(2)    The terms of the members of the board of appeals shall be staggered.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 8 - Charles County › Section 9-802 - Planning Commission

(a)    (1)    The planning commission consists of seven members who shall represent as many different geographical areas of the county as is possible.
(2)    A member of the county commissioners may not sit on the planning commission.
(b)    (1)    The term of a member of the planning commission is 4 years.
(2)    The terms of the members of the planning commission shall be staggered.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(c)    Each year, the county commissioners shall appoint the chair of the planning commission.
(d)    Each member of the planning commission is entitled to the compensation the county commissioners consider appropriate.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 8 - Charles County › Section 9-803 - Tenure of Board of Appeals Members

(a)    Notwithstanding § 4–302 of this article, the members of the board of appeals shall be appointed to 4–year terms.
(b)    The terms of the members of the board of appeals shall be staggered.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 8 - Charles County › Section 9-804 - Special Exceptions

(a)    This section applies only to an application for a special exception for:
(1)    an asphalt plant;
(2)    a concrete plant;
(3)    sand and gravel washing, crushing, or screening; or
(4)    surface mining.
(b)    (1)    Notwithstanding Title 4, Subtitle 3 of this article, the county commissioners may hear and decide a special exception under an appeal filed by a property owner who is aggrieved by a decision of the board of appeals on the special exception.
(2)    The county commissioners shall hear and decide an appeal of a special exception in accordance with rules and procedures adopted by the county commissioners.
(c)    If the county commissioners adopt rules and procedures for considering a special exception under this section, the decision of the county commissioners to grant, deny, modify, or remand the application for the special exception is a final decision for which judicial review may be requested in the circuit court under Title 4, Subtitle 4 of this article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 8 - Charles County › Section 9-805 - Subdivision Regulations -- in General

(a)    Subject to subsections (b) and (c) of this section, the subdivision regulations may provide for the reservation of property for traffic, recreation, or other public purposes.
(b)    A reservation of property under subsection (a) of this section may not continue for longer than 3 years without the written approval of all persons with a legal or equitable interest in the property.
(c)    The subdivision regulations shall provide for public notice and an opportunity for a public hearing before a property may be reserved.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 8 - Charles County › Section 9-807 - Assessment for Abatement of Zoning Violation

(a)    If the county commissioners abate a violation of a zoning law, the county commissioners may assess against the property the reasonable costs of the abatement.
(b)    The assessment shall be:
(1)    added to the annual tax bill of the property to be collected in the same manner as ordinary taxes are collected; and
(2)    subject to the same interest and penalty for nonpayment as provided by law for the nonpayment of county taxes.
(c)    The assessment is a lien against the property from the date of assessment until paid.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 10 - Frederick County › Section 9-1002 - Authority of Governing Body to Overrule Planning Commission

Notwithstanding any other provision of this division, the governing body of Frederick County may overrule an action of the county planning commission under Title 3, Subtitle 2 or 3 of this article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 10 - Frederick County › Section 9-1003 - Tenure of Board of Appeals Members

(a)    Notwithstanding § 4–302 of this article, the members of the board of appeals may be appointed to terms of 1 to 3 years.
(b)    The terms of the members of the board of appeals shall be staggered.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 10 - Frederick County › Section 9-1004 - Sale of Certain Property by Use of Unapproved Plat of Subdivision

If a plat is approved and recorded in accordance with this division before the transfer of the property, § 5–301 of this article does not apply to a contract for sale or negotiation for sale of property zoned industrial, commercial, or both industrial and commercial.