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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
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...
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
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
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...