(a) A person petitioning for judicial review in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall file the petition in accordance with the Maryland Rules.
(b) A party submitting a petition for judicial review shall file the petition within 30 days after publication of a notice of final determination.
(c) An action for judicial review brought in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be conducted in accordance with the Maryland Rules.
(d) A party to the judicial review action may not challenge a facility’s compliance with zoning and land use requirements or conformity with a county plan issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall prevent a party from challenging whether the Department has complied with §§ 2–404(b)(1)(ii) and 9–210(a)(3) of this article, when applicable, nor does this subtitle prevent a party from contesting the compliance of the facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.
Structure Maryland Statutes
Title 1 - Definitions; General Provisions; Enforcement
Subtitle 6 - Public Participation in the Permitting Process
Section 1-601 - Scope of Subtitle
Section 1-603 - Applications for Departmental Permits
Section 1-604 - Permit Determinations
Section 1-605 - Petition for Judicial Review