Maryland Statutes
Land Use

Division I - Single-Jurisdiction Planning and Zoning

Title 1 - Definitions; General Provisions

Subtitle 1 - Definitions

Section 1-101 - Definitions - (a) In this division the following words have the meanings...

Subtitle 2 - General Provisions

Section 1-201 - Visions - In addition to the requirements of § 3–201(a) and (b)...

Section 1-202 - Conflict With Other Laws - (a) A regulation adopted under this division that conflicts with...

Section 1-203 - Repeal of Inconsistent Laws - Except as otherwise provided in this division, any law or...

Section 1-204 - Other Potentially Applicable Laws - (a) Other public general laws that may affect land use...

Section 1-205 - Adoption of Local Law - The requirement or authorization for a local jurisdiction to enact...

Section 1-206 - Required Education - (a) (1) In this subsection, “planning commission” includes a planning...

Section 1-207 - Annual Report -- in General - (a) In this section, “planning commission” includes a planning commission...

Section 1-208 - Annual Report -- Measures and Indicators - (a) In this section, “National Center” means the National Center...

Subtitle 3 - Consistency

Section 1-301 - "Action" Defined - In this subtitle, “action” means: (1) the adoption of a...

Section 1-302 - Scope of Subtitle - This subtitle applies to: (1) a special exception under §...

Section 1-303 - Consistency -- General Requirement - Except as provided in § 1–304 of this subtitle, when...

Section 1-304 - Consistency -- Priority Funding Area - (a) This section applies to plan implementation and review under...

Subtitle 4 - Home Rule Counties

Part I - General Provisions

Section 1-401 - Charter Counties; Limited Application of Division - (a) Except as provided in this section, this division does...

Section 1-402 - Code Counties -- Land Use Powers - (a) In addition to the powers the county may have...

Part II - Comprehensive Plans

Section 1-405 - Plan Required - A charter county shall enact, adopt, amend, and execute a...

Section 1-406 - Elements -- Charter Counties - (a) (1) The planning commission for a charter county shall...

Section 1-407 - Development Regulations Element - (a) The development regulations element shall include the planning commission’s...

Section 1-407.1 - Housing Element - (a) (1) In this section the following words have the...

Section 1-408 - Sensitive Areas Element - (a) A sensitive areas element shall include the goals, objectives,...

Section 1-409 - Transportation Element - (a) The transportation element may include all types of: (1)...

Section 1-410 - Water Resources Element - (a) Considering available data provided by the Department of the...

Section 1-411 - Mineral Resources Element - (a) The mineral resources element shall identify: (1) undeveloped land...

Section 1-412 - Designation of Areas for Fishing Uses - (a) This section applies only to a charter county or...

Part III - Implementation

Section 1-414 - Implementation of Visions - In addition to the requirements for the plan under Part...

Section 1-415 - Plan Implementation - (a) The planning commission of a charter county or code...

Section 1-416 - Plan Revision - (a) At least once every 10 years, each planning commission...

Section 1-417 - Periodic Review; Implementation - (a) At least once every 10 years, which corresponds to...

Section 1-418 - Deadline - (a) Subject to subsection (b) of this section, a charter...

Subtitle 5 - Growth Tiers

Section 1-501 - "Planning Board" Defined - In this subtitle, “planning board”: (1) means a planning board...

Section 1-502 - Authorized - On or before December 31, 2012, a local jurisdiction may...

Section 1-503 - Pre-Adoption Submission Authorized - Before adoption of the growth tiers, a local jurisdiction may...

Section 1-504 - Post-Adoption Information Required - After adoption of the growth tiers, the local jurisdiction shall...

Section 1-505 - Comment by Department of Planning - The Department of Planning may comment on the growth tiers...

Section 1-506 - Adoption; Documentation - (a) Subject to subsections (b), (c), and (d) of this...

Section 1-507 - Comments From Department of Planning -- Local Procedures - (a) If the Department of Planning comments under § 1–505...

Section 1-508 - Designation - (a) The growth tiers adopted by a local jurisdiction shall...

Section 1-509 - Incorporation Into Plan - (a) A local jurisdiction that adopts growth tiers shall incorporate...

Title 2 - Planning Commission

Subtitle 1 - Organization and General Authority

Section 2-101 - Authority to Establish - A local jurisdiction may establish by local law a planning...

Section 2-102 - Membership - (a) (1) Except as otherwise provided in this division, a...

Section 2-103 - Officers - (a) (1) From among its appointed members, a planning commission...

Section 2-104 - Meetings; Compensation; Employees; Contractors - (a) (1) Except as provided in paragraph (2) of this...

Section 2-105 - Miscellaneous Powers and Duties - (a) (1) A planning commission shall have the powers necessary...

Title 3 - Comprehensive Plan

Subtitle 1 - Requirement and Elements

Section 3-101 - Plan Required; Municipal Inclusion - (a) A local jurisdiction shall enact, adopt, amend, and execute...

Section 3-102 - Elements -- Noncharter Counties and Municipal Corporations - (a) (1) The planning commission for a local jurisdiction shall...

Section 3-103 - Development Regulations Element - (a) The development regulations element shall include the planning commission’s...

Section 3-104 - Sensitive Areas Element - (a) A sensitive areas element shall include the goals, objectives,...

Section 3-105 - Transportation Element - (a) The transportation element may include all types of: (1)...

Section 3-106 - Water Resources Element - (a) Considering available data provided by the Department of the...

Section 3-107 - Mineral Resources Element - (a) The mineral resources element shall identify: (1) undeveloped land...

Section 3-108 - Community Facilities Element - (a) On a schedule that extends as far into the...

Section 3-109 - Areas of Critical State Concern Element - The areas of critical State concern element shall include the...

Section 3-110 - Goals and Objectives Element - (a) The goals and objectives element shall include a statement...

Section 3-111 - Land Use Element - (a) On a schedule that extends as far into the...

Section 3-112 - Municipal Growth Element - (a) The municipal growth element shall include: (1) the municipal...

Section 3-113 - Fisheries Element - (a) The planning commission of a county that is located...

Section 3-114 - Housing Element - (a) (1) In this section the following words have the...

Subtitle 2 - Development and Adoption

Section 3-201 - Plan Preparation - (a) (1) A planning commission shall prepare a plan by...

Section 3-202 - Recommendation for Adoption - (a) (1) A planning commission shall: (i) make and approve...

Section 3-203 - Plan Development - (a) (1) When a local jurisdiction initially implements the zoning...

Section 3-204 - Plan Adoption, Modification, Remand, Disapproval; Public Hearings - (a) Each local jurisdiction shall adopt a plan that includes:...

Section 3-205 - Planning Commission Review - (a) This section applies only to a local jurisdiction where...

Section 3-206 - Municipal Growth Element - (a) (1) When developing a municipal growth element of the...

Subtitle 3 - Implementation

Section 3-301 - Plan Revision - (a) At least once every 10 years, each planning commission...

Section 3-302 - Recommendation to Officials - To implement the plan, the planning commission shall periodically recommend...

Section 3-303 - Periodic Review; Implementation - (a) At least once every 10 years, which corresponds to...

Section 3-304 - Deadline - (a) Subject to subsection (b) of this section, a local...

Title 4 - Zoning

Subtitle 1 - Powers

Section 4-101 - Statement of Policy - (a) It is the policy of the State that: (1)...

Section 4-102 - General Powers - To promote the health, safety, and general welfare of the...

Section 4-103 - Additional Powers - (a) When zoning or rezoning land under this division, a...

Section 4-104 - Limitations - (a) The powers granted to a local jurisdiction under this...

Subtitle 2 - Designation and Adoption

Section 4-201 - Districts and Zones - (a) A legislative body may divide the local jurisdiction into...

Section 4-202 - Zoning Regulations -- Adoption; Purposes - (a) The legislative body shall adopt zoning regulations: (1) in...

Section 4-203 - Zoning Regulations -- Procedure; Public Hearings - (a) A legislative body shall provide for the manner in...

Section 4-204 - Zoning Regulations -- Amendment, Repeal, and Reclassification - (a) Zoning regulations and boundaries may be amended or repealed....

Section 4-205 - Administrative Adjustments - (a) A legislative body may authorize the planning director or...

Section 4-206 - Variances - (a) By local law, a legislative body may specify in...

Section 4-207 - Adaptive Reuse - (a) On application by a property owner, a legislative body...

Section 4-208 - Exceptions -- Maryland Accessibility Code - A legislative body shall provide for exceptions to the zoning...

Section 4-209 - Hearing Examiners - (a) A legislative body may appoint full– and part–time hearing...

Section 4-210 - Permits and Variances - Solar Panels - (a) In this section, “critical area” includes the areas designated...

Section 4-211 - Energy Generating Systems - (a) In this section, “energy generating system” means an energy...

Section 4-212 - Agritourism - (a) (1) In this section, “agritourism” means an activity conducted...

Section 4-213 - Alcohol Production Defined - (a) (1) In this section, “alcohol production” means an activity...

Section 4-214 - Agricultural Alcohol Production Defined - (a) (1) In this section, “agricultural alcohol production” means an...

Subtitle 3 - Board of Appeals

Section 4-301 - Required - (a) A legislative body shall provide for the appointment of...

Section 4-302 - Membership - (a) A board of appeals consists of at least three...

Section 4-303 - Meetings; Compensation - (a) (1) The meetings of a board of appeals shall...

Section 4-304 - Miscellaneous Duties - (a) A board of appeals shall adopt rules in accordance...

Section 4-305 - Powers -- Appeals; Special Exceptions; Variances - A board of appeals may: (1) hear and decide appeals...

Section 4-306 - Appeal -- Procedures - (a) An appeal to the board of appeals may be...

Subtitle 4 - Judicial Review

Section 4-401 - Procedure - (a) Any of the following persons may file a request...

Section 4-402 - Manner of Review; Additional Evidence - (a) Except as provided in subsection (b) of this section,...

Section 4-403 - Costs - The circuit court may not allow an award of costs...

Section 4-404 - Scheduling - All issues in any proceeding under this subtitle shall be...

Section 4-405 - Order of Decision; Further Review - (a) After deciding a judicial review under this subtitle, the...

Section 4-406 - Additional Matters for Judicial Review - (a) In addition to the judicial review provided under this...

Title 5 - Subdivision

Subtitle 1 - Powers

Section 5-101 - Powers - (a) Except as provided in subsection (b) of this section,...

Section 5-102 - Subdivision Regulations - (a) Before exercising subdivision powers under §§ 5–202 and 5–203...

Section 5-103 - Notice and Hearing for Regulations - (a) Before adoption of a subdivision regulation, the legislative body...

Section 5-104 - Major Subdivision -- Review - (a) (1) In this section the following words have the...

Section 5-105 - Existing Platting Statutes - (a) After a planning commission begins to exercise control over...

Subtitle 2 - Plat Approval

Section 5-201 - Final Plat Approval -- Procedure and Effect - (a) (1) (i) Subject to paragraph (2) of this subsection,...

Section 5-202 - Final Plat Approval -- Filing - (a) This section applies only where a legislative body has:...

Section 5-203 - Final Plat Approval -- Delegation - (a) A planning commission may authorize an administrative officer to...

Section 5-204 - Tentative Plat Approval - (a) A planning commission may provide in the subdivision regulations...

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,...

Section 5-302 - Recording Unapproved Subdivision Plat - (a) A clerk of the circuit court for the county...

Subtitle 4 - Judicial Review

Section 5-401 - Authorized - (a) A legislative body may authorize judicial review by the...

Title 6 - Street Planning

Subtitle 1 - Street Reservation

Section 6-101 - Survey; Reservation Plat - After adopting the transportation element of a comprehensive plan, a...

Section 6-102 - Reservation for Future Acquisition - (a) On approval and adoption of a plat, streets located...

Section 6-103 - Public Hearing - (a) Before adopting a plat, a planning commission shall hold...

Section 6-104 - Legislative Body - (a) After the public hearing under § 6–103 of this...

Section 6-105 - Negotiation With Landowners - (a) A planning commission may negotiate for or secure from...

Section 6-106 - Modification of Plat - (a) At any time after the filing of a plat...

Section 6-107 - Abandonment of Reservation - The legislative body, by resolution, may abandon a reservation and...

Subtitle 2 - Development Restrictions

Section 6-201 - "Appellate Board" Defined - In this subtitle, “appellate board” means: (1) the board of...

Section 6-202 - Development Prohibited in Reserved Areas - Except as otherwise provided in § 6–203 of this subtitle,...

Section 6-203 - Development Permit - (a) The appellate board of the local jurisdiction where a...

Section 6-204 - Development Prohibitions; Official Map - (a) A public sewer or other public street utility or...

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...

Section 7-102 - Transfer of Real Property - Notwithstanding any other provision of law, a legislative body that...

Section 7-103 - Scope of Authority - The authority granted under this subtitle is not intended to...

Section 7-104 - Restriction in Priority Funding Area -- Reports - (a) In this section, “restriction” means a restriction, moratorium, or...

Subtitle 2 - Transfer of Development Rights

Section 7-201 - Local Authority - A legislative body that exercises authority granted by this division...

Section 7-202 - Priority Funding Areas - (a) In this section, “public facility” includes: (1) recreational facilities;...

Subtitle 3 - Development Rights and Responsibilities Agreements

Section 7-301 - Definitions - (a) In this subtitle the following words have the meanings...

Section 7-302 - Powers - (a) Subject to §§ 7–303 through 7–305 of this subtitle,...

Section 7-303 - Contents of Agreement - (a) A development rights and responsibilities agreement shall include: (1)...

Section 7-304 - Applicable Local Laws, Rules, Regulations, and Policies - (a) Except as provided in subsection (b) of this section,...

Section 7-305 - Procedures - (a) Before entering into an agreement, a person having a...

Section 7-306 - Limitations - This subtitle does not require the adoption of a local...

Subtitle 4 - Inclusionary Zoning

Section 7-401 - Affordable Housing - (a) To promote the creation of housing that is affordable...

Title 8 - Historic Preservation

Subtitle 1 - General Provisions

Section 8-101 - Definitions - (a) In this title the following words have the meanings...

Section 8-102 - Declaration of Public Purpose - It is a public purpose in the State to preserve...

Section 8-103 - Scope and Construction of Title - (a) The preservation of a designated structure under this title...

Section 8-104 - Regulation of Sites and Structures - (a) The legislative body of each local jurisdiction, by local...

Section 8-105 - Designation of Boundaries for Sites, Structures, and Districts - For the purposes of this title, each local jurisdiction may...

Subtitle 2 - Commission

Section 8-201 - Establishment - A local jurisdiction may create a historic district commission or...

Section 8-202 - Membership - (a) (1) A commission shall consist of at least five...

Section 8-203 - Meetings - (a) A commission shall adopt rules and regulations necessary for...

Section 8-204 - Accepting Gifts - Subject to any requirements of the local jurisdiction that relate...

Section 8-205 - Powers - (a) (1) Subject to any requirements of the local jurisdiction...

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...

Section 8-302 - Application for Changes to Sites or Structures -- in General - (a) A person shall file an application with the commission...

Section 8-303 - Application for Changes to Sites or Structures -- Review of Application - (a) In reviewing an application, a commission shall: (1) use...

Section 8-304 - Plans for Sites or Structures - (a) A commission shall strictly judge plans for sites or...

Section 8-305 - Preservation of Sites or Structures - (a) A commission shall attempt, with the owner of a...

Section 8-306 - Certificate of Approval, Modification, or Rejection - (a) (1) A commission shall file with the building inspector...

Section 8-307 - Failure to Act on Completed Application - If a commission fails to act on a completed application...

Section 8-308 - Appeal of Decision - Any person aggrieved by a decision of a commission may...

Subtitle 4 - Miscellaneous Provisions

Section 8-401 - Conversion of Overhead Facilities - (a) (1) Each local jurisdiction in which a district is...

Subtitle 5 - Enforcement

Section 8-501 - Request for Enforcement - A commission may request that the appropriate enforcement authority of...

Title 9 - Single-County Provisions

Subtitle 1 - Allegany County

Section 9-101 - Scope of Subtitle - This subtitle applies to Allegany County.

Section 9-102 - Planning Commission - (a) The planning commission may consist of nine members. (b)...

Subtitle 3 - Baltimore County

Section 9-301 - Scope of Subtitle - This subtitle applies to Baltimore County.

Section 9-302 - Enforcement of Zoning Regulations - (a) In addition to the jurisdiction granted in Title 11,...

Subtitle 6 - Carroll County

Section 9-601 - Scope of Subtitle - This subtitle applies to Carroll County.

Section 9-602 - Appointment to Planning Commission - (a) The county commissioners may appoint one of the members...

Section 9-603 - Sale of Certain Property by Use of Unapproved Plat of Subdivision - If a plat is approved and recorded in accordance with...

Section 9-604 - Assessment for Abatement of Zoning Violation - (a) If the county commissioners abate a violation of a...

Subtitle 7 - Cecil County

Section 9-701 - Scope of Subtitle - This subtitle applies to Cecil County.

Section 9-702 - Planning Commission - (a) The planning commission consists of six regular members and...

Section 9-703 - Director of Planning and Zoning - (a) (1) The board of county commissioners shall appoint a...

Section 9-704 - Board of Appeals - (a) Notwithstanding § 4–302 of this article, the board of...

Subtitle 8 - Charles County

Section 9-801 - Scope of Subtitle - This subtitle applies to Charles County.

Section 9-802 - Planning Commission - (a) (1) The planning commission consists of seven members who...

Section 9-803 - Tenure of Board of Appeals Members - (a) Notwithstanding § 4–302 of this article, the members of...

Section 9-804 - Special Exceptions - (a) This section applies only to an application for a...

Section 9-805 - Subdivision Regulations -- in General - (a) Subject to subsections (b) and (c) of this section,...

Section 9-806 - Subdivision Regulations -- Sale of Industrial Property - Section 5–301 of this article does not apply to the...

Section 9-807 - Assessment for Abatement of Zoning Violation - (a) If the county commissioners abate a violation of a...

Subtitle 10 - Frederick County

Section 9-1001 - Scope of Subtitle - This subtitle applies to Frederick County.

Section 9-1002 - Authority of Governing Body to Overrule Planning Commission - Notwithstanding any other provision of this division, the governing body...

Section 9-1003 - Tenure of Board of Appeals Members - (a) Notwithstanding § 4–302 of this article, the members of...

Section 9-1004 - Sale of Certain Property by Use of Unapproved Plat of Subdivision - If a plat is approved and recorded in accordance with...

Section 9-1005 - Judicial Review - (a) A person aggrieved by an agreement executed under Title...

Subtitle 13 - Howard County

Section 9-1301 - Scope of Subtitle - This subtitle applies to Howard County.

Section 9-1302 - Enforcement of Zoning Regulations - (a) In addition to the jurisdiction granted in Title 11...

Subtitle 16 - St. Mary's County

Section 9-1601 - Scope of Subtitle - This subtitle applies to St. Mary’s County. §9–1602 (a) Except...

Section 9-1603 - Racetrack Hours of Operation - (a) Except as provided in subsection (b) of this section,...

Section 9-1604 - Tenure of Board of Appeals Members - (a) Notwithstanding § 4–302 of this article, the members of...

Section 9-1605 - Sale of Industrial Property by Use of Unapproved Plat of Subdivision - Section 5–301 of this article does not apply to the...

Section 9-1606 - Subdivision Regulations -- Exemption - A property deeded before January 1, 1994, and improved with...

Subtitle 18 - Talbot County

Section 9-1801 - Scope of Subtitle - This subtitle applies to Talbot County.

Section 9-1802 - Enforcement of Zoning Violations - (a) In addition to the jurisdiction granted in Title 11...

Subtitle 19 - Washington County

Section 9-1901 - Scope of Subtitle - Except for land within a municipal corporation, this subtitle applies...

Section 9-1902 - Adequate Public Facilities Law - (a) In this section, “public facilities” means schools, roads, water,...

Subtitle 21 - Worcester County

Section 9-2101 - Scope of Subtitle - This subtitle applies to Worcester County.

Section 9-2102 - Conditional Zoning Authority - (a) Notwithstanding any other law, on the zoning or rezoning...

Section 9-2103 - Zoning Application Requirements - Notwithstanding any other provision of this division or of the...

Title 10 - Baltimore City Zoning

Subtitle 1 - General Provisions

Section 10-101 - "Board" Defined - In this title, “Board” means the Board of Municipal and...

Section 10-102 - Conflict With Other Laws - (a) A regulation adopted under this title that conflicts with...

Section 10-103 - Limited Application of Division - (a) Except as provided in this section, this division does...

Subtitle 2 - Powers

Section 10-201 - Statement of Policy - (a) It is the policy of the State that: (1)...

Section 10-202 - General Powers - To promote the health, safety, and general welfare of the...

Section 10-203 - Limitations - The powers granted to the Mayor and City Council of...

Section 10-204 - Historic and Landmark Zoning and Preservation - (a) To preserve structures and landmarks of historic and architectural...

Subtitle 3 - Designation and Adoption

Section 10-301 - Districts and Zones - (a) The Mayor and City Council of Baltimore City may...

Section 10-302 - Zoning Regulations -- Purposes; Considerations - Zoning regulations adopted by the Mayor and City Council of...

Section 10-303 - Zoning Regulations -- Procedure; Public Hearings - (a) The Mayor and City Council of Baltimore City shall...

Section 10-304 - Zoning Regulations -- Amendment, Repeal, and Reclassification - (a) The Mayor and City Council of Baltimore City may...

Section 10-305 - Changes to Boundaries of Districts or Zones - (a) (1) The Mayor and City Council of Baltimore City...

Subtitle 4 - Implementation

Section 10-401 - Enforcement - (a) A violation of this title or a local law...

Section 10-402 - Hearing Examiners - (a) The City Council of Baltimore City may appoint full–...

Section 10-403 - Board -- Established - (a) With the advice and consent of the City Council,...

Section 10-404 - Board -- Authority - (a) The Board may: (1) hear and decide appeals when:...

Section 10-405 - Board -- Appeal Procedures - (a) An appeal to the Board may be filed by:...

Section 10-406 - Board -- Voting - (a) If five members of the Board are present, the...

Subtitle 5 - Judicial Review

Section 10-501 - Procedure - (a) A request for judicial review by the Circuit Court...

Section 10-502 - Hearing; Disposition - (a) (1) The Circuit Court for Baltimore City may: (i)...

Section 10-503 - Appeal to Court of Special Appeals - A judgment of the Circuit Court for Baltimore City under...

Section 10-504 - Additional Matters for Judicial Review - (a) In addition to the judicial review provided under §...

Title 11 - Enforcement

Subtitle 1 - General Provisions

Section 11-101 - Local Law; Subdivision Regulations - (a) A legislative body may provide by local law for...

Section 11-102 - Violation; Penalty - (a) A violation of this division or of a local...

Section 11-103 - Remedies - (a) In addition to any other available remedy, a local...

Subtitle 2 - Civil Penalty

Section 11-201 - "Zoning Official" Defined - In this subtitle, “zoning official” means a county employee with...

Section 11-202 - Civil Penalty - (a) A legislative body of a county may provide a...

Section 11-203 - Citation - (a) A zoning official may deliver a citation to a...

Section 11-204 - Election to Stand Trial - (a) A person who receives a citation may elect to...

Section 11-205 - Failure to Respond - (a) If a person that receives a citation for a...

Section 11-206 - Adjudication of Violation in District Court - In a proceeding before the District Court, a violation shall...

Section 11-207 - Judgments and Court Costs - (a) All fines, penalties, or forfeitures collected by the District...

Section 11-208 - Request for Adjudication - The governing body of a county may authorize the county...

Section 11-209 - Finding of Violation Not a Criminal Conviction - A finding by the District Court of a violation under...

Division II - Maryland-National Capital Park and Planning Commission

Title 14 - Definitions; General Provisions

Subtitle 1 - Definitions

Section 14-101 - Definitions - (a) In this division the following words have the meanings...

Subtitle 2 - General Provisions

Section 14-201 - Scope of Division - This division applies only in Montgomery County and Prince George’s...

Section 14-202 - Other Applicable Law - (a) Except as otherwise provided in Title 20, Subtitle 7,...

Section 14-203 - Adoption of Local Law - The requirement or authorization for a local jurisdiction to enact...

Title 15 - Commission

Subtitle 1 - Organization and General Authority of Commission

Section 15-101 - Established - (a) There is a Maryland–National Capital Park and Planning Commission....

Section 15-102 - Membership - (a) (1) The Commission consists of 10 members. (2) Of...

Section 15-103 - Appointment Procedures - (a) (1) In Montgomery County, the County Council shall make...

Section 15-104 - Additional Requirements for Appointment of Montgomery County Commissioners - (a) This section applies to each commissioner appointed by the...

Section 15-105 - Removal - (a) (1) The Montgomery County Council may remove any commissioner...

Section 15-106 - Chair and Vice Chair - (a) The County Executive of Prince George’s County, with the...

Section 15-107 - Designation of Full-Time Commissioners - (a) The Montgomery County Council may designate a commissioner from...

Section 15-108 - Compensation - (a) (1) (i) Each commissioner other than the chair is...

Section 15-109 - Executive Director, Secretary-Treasurer, and General Counsel - (a) (1) The Commission shall appoint an executive director, a...

Section 15-110 - Employees and Contractors - The Commission may: (1) appoint or contract for the services...

Section 15-111 - Bonds of Officers and Employees - The Commission may require any officer or employee to post...

Section 15-112 - Offices - The Commission may: (1) maintain offices in Montgomery County and...

Section 15-113 - Powers and Duties -- in General - (a) The Commission may: (1) exercise the powers, duties, and...

Section 15-114 - Powers and Duties -- Insurance - (a) The Commission shall establish an adequate comprehensive insurance program....

Section 15-115 - Powers and Duties -- Financial Reports - (a) (1) The Commission shall prepare an annual financial report....

Section 15-116 - Powers and Duties -- Publications of Commission - (a) (1) The Commission shall publish each year a report...

Section 15-117 - Powers and Duties -- Minute or Record Books - (a) The Commission shall: (1) maintain a minute or record...

Section 15-118 - Powers and Duties -- Entry Into Buildings and Private Premises - In the performance of the functions and duties of the...

Section 15-119 - Powers and Duties -- Defense Activities - Commissioners and employees of the Commission may engage in civilian...

Section 15-120 - Prohibited Acts -- Conflicts of Interest - (a) This section does not prohibit a commissioner from: (1)...

Subtitle 2 - Procurement

Section 15-201 - Definitions - In this subtitle, “local small business enterprise” means a business...

Section 15-202 - Procurement Regulations - The Commission shall adopt procurement regulations consistent with the standards...

Section 15-203 - Procurement Regulations -- Minority Business Enterprise Program - ** IN EFFECT UNTIL OCTOBER 1, 2022 PER CHAPTER 354...

Section 15-204 - Procurement Regulations -- Local Small Business Enterprise Program - (a) The Commission’s procurement regulations may establish a local small...

Section 15-205 - Reports - On or before October 31 each year, the Commission shall...

Subtitle 3 - Intergovernmental Cooperation

Section 15-301 - Definitions - (a) In this subtitle the following words have the meanings...

Section 15-302 - Commission as Representative of State - The Commission is the representative of the State for purposes...

Section 15-303 - Authorization - (a) For the purposes of § 15–302 of this subtitle,...

Section 15-304 - Resources - (a) Within a reasonable time after the Commission makes a...

Section 15-305 - Contract Requirements - (a) The conditions and limitations established in this section apply...

Subtitle 4 - Audit Committee

Section 15-401 - Commission Established - There is an Audit Committee in the Commission.

Section 15-402 - General Consideration - (a) The Audit Committee consists of five members. (b) The...

Section 15-403 - Selection and Appointment of Accountant and Inspector General - The Audit Committee shall select and appoint: (1) the independent...

Section 15-404 - Nonvoting Member May Vote in Event of Tie; Approval of Inspector General - (a) Except as provided in subsection (b) of this section,...

Section 15-405 - Powers - (a) The Commission shall adopt regulations to ensure that the...

Subtitle 5 - Office of the Inspector General

Section 15-501 - Definitions - (a) In this subtitle the following words have the meanings...

Section 15-502 - Office Established - There is an Office of the Inspector General in the...

Section 15-503 - Appointment; Term; Staff and Consultants - (a) (1) The Audit Committee of the Commission shall appoint...

Section 15-504 - Duties and Powers - (a) The Office shall: (1) assist the Commission by providing...

Section 15-505 - Development of Work Plan - (a) (1) The Inspector General shall coordinate with the Audit...

Section 15-506 - Funding - (a) The Commission shall include in the Commission’s annual operating...

Section 15-507 - Requests for Information - (a) (1) On request from the Inspector General, a Commission...

Section 15-508 - Investigation of Fraud, Waste, or Abuse - (a) The Inspector General, or a staff member authorized by...

Title 16 - Employment

Subtitle 1 - Merit System

Section 16-101 - "Board" Defined - In this subtitle, “board” means the merit system board of...

Section 16-102 - Merit System -- in General - (a) The Commission shall implement a merit system adopted under...

Section 16-103 - Merit System Board - (a) There is a merit system board of the Commission....

Section 16-104 - Compensation - The Commission shall set the compensation of the members of...

Section 16-105 - Removal of Board Member - After proper notice and due consideration, the Commission may remove...

Section 16-106 - Plans and Regulations - (a) The board shall: (1) prepare and recommend a compensation...

Section 16-107 - Assistance to Board From Commission - The Commission may make available to the board its records,...

Section 16-108 - Subpoena for Hearings - (a) If the board determines that the testimony of a...

Subtitle 2 - Collective Bargaining -- in General

Section 16-201 - Applicability of Rights and Designation of Bargaining Units - (a) (1) (i) In this subsection the following words have...

Section 16-202 - Employee Organization as Exclusive Representative of Bargaining Unit - (a) The Commission shall recognize the right of an employee...

Section 16-203 - Labor Relations Administrator - (a) After a public hearing on the appointment, the Commission...

Section 16-204 - Constitution and Bylaws of Employee Organization - (a) An employee organization that is certified or that seeks...

Section 16-205 - Election of Exclusive Representative - (a) The labor relations administrator shall conduct an election for...

Section 16-206 - Dispute Over Eligibility of Employee in Bargaining Unit - (a) If the Commission and an employee organization dispute the...

Section 16-207 - Collective Bargaining Requirements - (a) The Commission and an employee organization certified as exclusive...

Section 16-208 - Negotiability Disputes - (a) If a party to the collective bargaining considers a...

Section 16-209 - Mediation-Arbitration - (a) (1) If the parties have not reached an agreement...

Section 16-210 - Mediation - (a) A mediator may be used in the collective bargaining...

Section 16-211 - Collective Bargaining Agreement - (a) The Commission and an employee organization certified as exclusive...

Section 16-212 - Funding of Collective Bargaining Agreements - (a) The Commission shall include in its annual proposed operating...

Section 16-213 - Impairment of Rights and Responsibilities of Commission - (a) This subtitle and any agreement made under it may...

Section 16-214 - Prohibited Activities of Commission - (a) The Commission may not: (1) interfere with, coerce, or...

Section 16-215 - Prohibited Activities of Employee Organization - (a) An employee organization may not: (1) interfere with, coerce,...

Section 16-216 - Rights of Commission Employees - (a) Employees of the Commission shall retain the right to:...

Section 16-217 - Strikes - (a) In this section, “strike” means the action of an...

Section 16-218 - Unfair Labor Practices - (a) It is an unfair labor practice for the Commission...

Section 16-219 - Expression of Personal View, Argument, Opinion, or Statement - (a) This section applies to the expression of any personal...

Subtitle 3 - Collective Bargaining -- Police Officers

Section 16-301 - Definitions - (a) In this subtitle the following words have the meanings...

Section 16-302 - Employee Organization as Exclusive Representative of Bargaining Unit - (a) The Commission shall recognize the right of an employee...

Section 16-303 - Labor Relations Administrator - (a) (1) Subject to paragraph (2) of this subsection, the...

Section 16-304 - Constitution, Bylaws, and Annual Report of Employee Organization - (a) An employee organization that is certified or that seeks...

Section 16-305 - Election of Exclusive Representative - (a) (1) A petition for an election of an exclusive...

Section 16-306 - Dispute Over Eligibility of Employee in Bargaining Unit - Any dispute about the eligibility of an employee in the...

Section 16-307 - Requirements and Procedures for Collective Bargaining - (a) The Commission and the exclusive representative of the bargaining...

Section 16-308 - Arbitration - (a) (1) If the parties to collective bargaining have not...

Section 16-309 - Provisions of Collective Bargaining Agreement - (a) The Commission and the exclusive representative shall execute a...

Section 16-310 - Funding of Collective Bargaining Agreements - (a) (1) The economic provisions of a final collective bargaining...

Section 16-311 - Impairment of Rights and Responsibilities of Commission - (a) This subtitle and any collective bargaining agreement made under...

Section 16-312 - Prohibited Activities of Commission - (a) The Commission, its agents, or its representatives may not:...

Section 16-313 - Prohibited Activities of Commission Employees or Employee Organization - An employee or an employee organization or its agents or...

Section 16-314 - Rights of Employees - (a) Employees may: (1) form, join, or assist an employee...

Section 16-315 - Strikes - (a) Employees may not engage in a strike. (b) If...

Section 16-316 - Service Fees - (a) This subtitle does not preclude the Commission from entering...

Section 16-317 - Unfair Labor Practices - (a) Any charge that the Commission, an employee, or an...

Section 16-318 - Expression of Viewpoint, Argument, or Opinion - If the expression does not contain a threat of reprisal...

Subtitle 4 - Service Contracts

Section 16-401 - Definitions - (a) In this subtitle the following words have the meanings...

Section 16-402 - Application of Subtitle - (a) This subtitle applies to a service contract that: (1)...

Section 16-403 - Certification of Compliance by Secretary-Treasurer - Before the Commission solicits a service contract under this subtitle,...

Section 16-404 - Analysis and Estimates by Commission - (a) The secretary–treasurer may not certify that the Commission complied...

Section 16-405 - Plan of Outplacement Assistance - (a) The Commission shall provide at least 60 days’ advance...

Section 16-406 - Proposal for Savings by Certified Representative - The certified representative of an adversely affected employee of the...

Section 16-407 - Failure to Comply With Subtitle - (a) If the Commission fails to comply with this subtitle...

Subtitle 5 - Prince George's County Parks and Recreation Employees

Section 16-501 - "Full-Time Park Employee" Defined - In this subtitle, “full–time park employee” means an individual employed...

Section 16-502 - Scope of Subtitle - This subtitle applies only in Prince George’s County.

Section 16-503 - Coordinator - The county planning board shall designate a director to coordinate...

Section 16-504 - Personnel -- Generally - The county planning board shall employ full–time park employees and...

Section 16-505 - Full-Time Park Employees - (a) The county planning board shall employ full–time park employees...

Section 16-506 - Part-Time and Temporary Employees; Volunteers - (a) The county planning board may employ part–time or temporary...

Section 16-507 - Employees Employed on July 1, 1970 - (a) Employees employed by the recreation department on July 1,...

Section 16-508 - Regulations - The county planning board may adopt regulations to carry out...

Title 17 - Powers and Property

Subtitle 1 - Property Acquisition

Part I - General Provisions

Section 17-101 - Authorized - (a) The Commission may acquire property for the purposes stated...

Section 17-102 - Construction Near Rock Creek - (a) This section is for the purpose of preserving and...

Section 17-103 - Contributions in Support - (a) To finance wholly or partly the acquisition of property...

Section 17-104 - Property Title and Control - (a) Title to lands acquired under § 1(a) of the...

Section 17-105 - Acquisition Outside Metropolitan District - (a) The Commission may acquire land for the purposes stated...

Part II - Purchase and Condemnation

Section 17-108 - Authorized - (a) Whenever the Commission considers it necessary to acquire any...

Section 17-109 - Procedure - The Commission shall condemn property using the procedures for condemnation...

Section 17-110 - Possession; Appeal - (a) Subject to subsection (b) of this section, at any...

Part III - Relocation Expenses

Section 17-113 - Definitions - (a) In this part the following words have the meanings...

Section 17-114 - Relocation Payment -- in General - (a) In this section, “average annual net earnings”: (1) means...

Section 17-115 - Additional Relocation Payment -- Dwelling - (a) In addition to any other authorized payment, the Commission...

Section 17-116 - Referral to Relocation Advisory Services - (a) Whenever the acquisition of real property for a program...

Section 17-117 - Regulations and Procedures - (a) The Commission may establish regulations and procedures necessary to...

Section 17-118 - Tax Status - Payment received under this part may not be considered as...

Subtitle 2 - Use of Property

Section 17-201 - Land Held for General Benefit - (a) The State or the Commission, as appropriate, shall hold...

Section 17-202 - Police Powers of State, Counties, and Municipal Corporations - (a) This division does not limit the police power of...

Section 17-203 - Tax Exemption for Property Acquired - (a) All property acquired by the Commission for any purpose...

Section 17-204 - Leases, Permits, and Concessions - (a) (1) The Commission may lease to any responsible person...

Section 17-205 - Power to Transfer Unneeded Property - The Commission may transfer any land that it holds under...

Section 17-206 - Disposal or Exchange of Land and Recreational Facilities - (a) The Commission: (1) may sell or otherwise dispose of...

Section 17-207 - Regulations - (a) The Commission may adopt regulations for the use of...

Section 17-208 - Commission Infractions - (a) (1) A violation of a regulation under § 17–207...

Section 17-209 - Hunting -- in General - (a) (1) In this section the following words have the...

Section 17-210 - Hunting -- Citation - (a) If a park police officer apprehends a person for...

Section 17-211 - Housing of Caretakers - The Commission may assign living quarters in a house or...

Section 17-212 - Street Names and House Numbers - (a) The Commission may: (1) except as provided in subsection...

Section 17-213 - Flood Control - (a) (1) If in the Commission’s judgment it is necessary...

Section 17-214 - High Performance Buildings - (a) (1) In this section the following words have the...

Subtitle 3 - Park Police

Section 17-301 - Appointment of Police Officers - The Commission may appoint park police officers as necessary to...

Section 17-302 - Powers and Duties - (a) The park police: (1) possess all the powers and...

Section 17-303 - Jurisdiction - (a) The park police have concurrent general police jurisdiction with...

Section 17-304 - Jurisdiction and Powers of Montgomery County and Prince George's County Police - The Montgomery County and Prince George’s County police have the...

Section 17-305 - Prince George's County -- Deputy Chief - (a) (1) In Prince George’s County, the county planning board...

Subtitle 4 - Miscellaneous Property

Section 17-401 - Land for Administration Building - The Commission may not acquire new land or use land...

Section 17-402 - Glenn Dale Hospital Property - (a) The Commission has acquired title to the entire parcel...

Section 17-403 - Jesup Blair Park - (a) (1) The Commission has received property as a gift...

Title 18 - Finances

Subtitle 1 - Budget

Part I - Annual Budgets

Section 18-101 - Application of Other Laws - The public general laws governing the preparation and filing of...

Section 18-102 - Required - The Commission shall prepare annual capital and operating budgets for...

Section 18-103 - Contents - The budgets shall contain: (1) separately for each county for...

Section 18-104 - Submission to County Executives - The Commission shall submit the proposed budgets on or before...

Section 18-105 - Submission to County Councils - (a) In Montgomery County, the County Executive shall submit the...

Section 18-106 - Approval by County Councils - (a) After public notice, each county council shall hold a...

Section 18-107 - County Executive; Veto - (a) Within 3 calendar days after approval of the budgets,...

Section 18-108 - Budget Amendments - (a) After adoption of the budgets by the county councils,...

Section 18-109 - Limitations on Expenditures - (a) Unless approved by either or both county councils, as...

Part II - Capital Improvements Program

Section 18-112 - Preparation and Submission to Counties - The Commission shall prepare and submit a 6–year capital improvements...

Section 18-113 - Contents - The capital improvements program shall: (1) include a statement of...

Section 18-114 - Recommendations by Montgomery County Executive - In Montgomery County, the County Executive shall submit recommendations with...

Section 18-115 - Adoption by County Governing Bodies - (a) On or before adoption of its annual budget and...

Section 18-116 - Amendment of Approved Program in Montgomery County - In Montgomery County, the County Council may amend an approved...

Section 18-117 - Commission's Capital Budget - (a) The Commission’s capital budget for each fiscal year may...

Subtitle 2 - Debt and Securities

Section 18-201 - "Bond" Defined - In this subtitle, “bond” means a bond, note, or other...

Section 18-202 - Construction of Subtitle - A requirement for signature under this subtitle may be satisfied...

Section 18-203 - Bonds -- in General - (a) The Commission may issue and sell bonds in amounts...

Section 18-204 - Bonds -- Full Faith and Credit; Liability - (a) The bonds shall be issued on the full faith...

Section 18-205 - Bonds -- Use of Proceeds - (a) Subject to subsections (b) and (c) of this section,...

Section 18-206 - Revenue Bonds - (a) (1) To accomplish the purposes under § 18–203(b) of...

Section 18-207 - Refunding Bonds - (a) If any bonds are issued under this title subject...

Section 18-208 - Tax Anticipation Notes - (a) (1) The Commission may borrow money to meet its...

Section 18-209 - Pledge of Tax Proceeds - (a) The revenues derived from the collection of the taxes...

Section 18-210 - Tax Status of Bonds - The principal amount of bonds issued under this title, the...

Section 18-211 - Application of Other Laws - The sale of the bonds under this title is exempt...

Subtitle 3 - Taxes

Section 18-301 - Construction of Subtitle - Any provision of this subtitle or this division that provides...

Section 18-302 - Imposition of Taxes on Property Assessed for County Taxation - The taxes imposed under this subtitle shall be imposed on...

Section 18-303 - Exemption From Limitations for Prince George's County - Notwithstanding any provision of charter or law, the taxes authorized...

Section 18-304 - Park Taxes - (a) (1) The tax required under this subsection: (i) applies...

Section 18-305 - Montgomery County Bond Tax - (a) Whenever bonds that the Commission issues under Subtitle 2...

Section 18-306 - Recreation Tax for Prince George's County - (a) The tax required under this section applies to property...

Section 18-307 - Administrative Tax - (a) The tax required under this section applies to property...

Section 18-308 - Advance Land Acquisition Revolving Funds Tax - (a) (1) The Montgomery County Council shall impose against all...

Section 18-309 - Payment in Lieu of Property Taxes Agreement -- Facility for Generation of Electricity in Prince George's County - (a) (1) Subject to subsection (b) of this section, the...

Section 18-310 - Prince George's County -- Extraordinary Development Districts - The Commission may not enter into an agreement with Prince...

Subtitle 4 - Land Acquisition Funding

Section 18-401 - Advance Land Acquisition Fund; Sale of Bonds - (a) In this section, “Fund” means an Advance Land Acquisition...

Section 18-402 - Acquisition of Land by Commission in Montgomery County - (a) The Commission may include in its annual budgets provisions...

Section 18-403 - Acquisition of Land by Commission in Prince George's County - (a) The Commission may acquire land in Prince George’s County...

Section 18-404 - Grants by Counties; Agreements Relating to County Property - (a) (1) On request by the Commission, Montgomery County and...

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