Maryland Acts of the Regular Session (2012)
HB 1290, Chapter 426
AN ACT concerning
Land Use
FOR the purpose of adding a new article to the Annotated Code of Maryland, to be designated and known as the "Land Use Article", to revise, restate, and recodify the laws of the State relating to zoning, planning, subdivision, and other land use mechanisms, including definitions, visions, consistency, requirements for home-rule counties, planning commissions, the comprehensive plan and its required elements, plan development and implementation, zoning powers and procedures, boards of appeals, subdivision powers and procedures, procedures for judicial review of certain actions, street planning and reservation, development mechanisms, transfer of development rights, development rights and responsibilities agreements, inclusionary zoning, historic preservation, single-county provisions, zoning powers and implementation in Baltimore City, and enforcement mechanisms and civil penalties; revising, restating, and recodifying the laws of the State relating to the Maryland-National Capital Park and Planning Commission, including definitions, the organization and powers of the Commission, minority business enterprise utilization, intergovernmental cooperation, employment, merit system, collective bargaining for certain employees, service contracts, property acquisition and management, relocation expenses, park police, budget procedures and requirements, bonding authority for certain purposes, taxes, the Advance Land Acquisition Fund, payment of obligations, the Maryland-Washington Metropolitan District, the Maryland-Washington Regional District, county planning boards, review of public projects, road grades, building codes and permits, annexation, municipal planning and zoning, the regional district plan and related plans, procedures for plan development and implementation, zoning authority and procedures, district councils, nonconforming uses, zoning amendments, boards of appeal, subdivision powers and procedures, procedures for judicial review of certain actions, enforcement actions, and historic grant programs; restating certain single-county provisions on municipal zoning and development rights and responsibilities agreements in Montgomery and Prince George's counties; restating provisions in Prince George's County relating to revitalization, agricultural preservation easements, flood control, and recreation; restating certain enforcement provisions; repealing certain obsolete provisions; transferring certain obsolete provisions to the Session laws; defining certain terms; providing for the construction and application of this Act; providing for the continuity of certain units and terms of certain officials; providing for the continuity of the status of certain transactions, employees, rights, duties, titles, interests, licenses, registrations, certifications, and permits; providing for the termination of certain provisions of this Act; and generally relating to the laws of the State concerning land use.
BY repealing
Article 28 - Maryland-National Capital Park and Planning Commission
Section 2-101 through 2-112, 2-112.1, 2-112.2, 2-113 through 2-117, 2-118(a)(2) through (7) and (b), 2-119, 2-120, 2-120.1, and 2-122 and the title "Title 2. Commission Organization and General Functions", and the subtitle "Subtitle 1. General Provisions"; 2-201 through 2-204 and the subtitle "Subtitle 2. Payment of Commission Obligations"; 2-301 through 2-304 and the subtitle "Subtitle 3. Minority Business Enterprise Utilization Program"; 3-101 and the title "Title 3. Maryland-Washington Metropolitan District"; 4-101 through 4-104 and 4-105(a) and (c) through (h) and the title "Title 4. Intergovernmental Relations"; 5-101 through 5-105, 5-105.1, 5-106(a) through (c), 5-107 through 5-109, 5-110(b), 5-111 through 5-113, 5-113.1, 5-114, 5-114.1, and 5-115 through 5-118, the title "Title 5. Property; Powers; Recreation Program" and the subtitle "Subtitle 1. Metropolitan District Property and Powers Generally"; 5-201 through 5-507 and the subtitles "Subtitle 2. Prince George's County Recreation Program", "Subtitle 3. Prince George's County and Montgomery County Historic Property Grant Program", "Subtitle 4. Revitalization and Redevelopment Activities", and "Subtitle 5. Prince George's County Agricultural Preservation Easement Program"; 6-101 through 6-111 and the title "Title 6. Fiscal Authority"; 7-101 through 7-107, 7-108(a) through (c), (d)(1), (2)(ii), and (4), and (e), 7-108.1, 7-109 through 7-115, 7-116(a), (b), (c)(2), and (d) through (h), 7-117, 7-117.1, 7-117.2, 7-118 through 7-121, and 7-121.1 and the title "Title 7. Maryland-Washington Regional District"; 8-101 through 8-108, 8-108.1, 8-109, 8-110, 8-110.1, 8-110.2, 8-111, 8-111.1, 8-112, 8-112.1 through 8-112.4, 8-114, 8-115(a), (b), and (d) through (h), 8-115.1, 8-115.2, 8-116 through 8-119, 8-119.1, 8-120 through 8-122, 8-122.1, and 8-123 through 8-129 and the title "Title 8. District Councils for Regional District"; 9-101 (a) through (d) and 9-102 and the title "Title 9. Flood Control"; the article designation "Article 28 - Maryland-National Capital Park and Planning Commission"; and the title designation "Title 1. Park and Planning Commission Continued"
Annotated Code of Maryland (2010 Replacement Volume and 2011 Supplement)
BY repealing
Article 66B - Land Use
Section 1.00 through 1.04 and the subtitle "General Provisions"; 2.01 through 2.13 and the subtitle "Zoning in Baltimore City"; 3.01 through 3.10 and the subtitle "Planning Commission Generally"; 4.01 through 4.09 and the subtitle "General Development Regulations and Zoning"; 5.01 through 5.07 and the subtitle "Subdivision Control"; 6.01 through 6.03 and the subtitle "Development in Mapped Streets"; 7.01 through 7.05 and the subtitle "Miscellaneous Provisions"; 8.01 through 8.17 and the subtitle "Historic Area Zoning"; 10.01 and the subtitle "Adequate Public Facilities Ordinances"; 11.01 and the subtitle "Transfer of Development Rights"; 12.01 and the subtitle "Inclusionary Zoning"; 13.01 and the subtitle "Development Rights and Responsibilities Agreements"; 14.01 through 14.04, 14.05(a) through (e), 14.06, 14.06.1, and 14.07 through 14.09 and the subtitle "Miscellaneous Local Provisions"; and the article designation "Article 66B - Land Use"
Annotated Code of Maryland (2010 Replacement Volume and 2011 Supplement)
BY adding
New Article - Land Use
Section 1-101 through 27-102, inclusive, and the various titles
Annotated Code of Maryland
BY repealing and reenacting, with amendments,
Article 1 - Rules of Interpretation
Section 25
Annotated Code of Maryland
(2011 Replacement Volume)
BY repealing and reenacting, with amendments, and transferring
Article 66B - Land Use
Section 14.05(f)
Annotated Code of Maryland
(2010 Replacement Volume and 2011 Supplement)
to be
Article 24 - Political Subdivisions - Miscellaneous Provisions
Section 9-10B-01 to be under the new subtitle "Subtitle 10B. Charles County New School Capacity Financing"
Annotated Code of Maryland (2011 Replacement Volume)
BY adding to
Article 2B - Alcoholic Beverages Section 9-216(g)
Annotated Code of Maryland (2011 Replacement Volume)
BY repealing and reenacting, with amendments, and transferring to the Session Laws
Article 28 - Maryland-National Capital Park and Planning Commission
Section 1-101 through 1-105, 2-118(a)(1), 2-121, 3-102 through 3-107, 4-105(b), 5-106(d), 5-110(a), 7-108(d)(2)(i) and (3), 7-116(c)(1), 8-113, 8-115(c), and 9-101(e)
Annotated Code of Maryland (2010 Replacement Volume and 2011 Supplement)
Article 28 - Maryland-National Capital Park and Planning Commission
Section 2-101 through 2-112, 2-112.1, 2-112.2, 2-113 through 2-117, 2-118(a)(2) through (7) and (b), 2-119, 2-120, 2-120.1, and 2-122 and the title "Title 2. Commission Organization and General Functions", and the subtitle "Subtitle 1. General Provisions"; 2-201 through 2-204 and the subtitle "Subtitle 2. Payment of Commission Obligations"; 2-301 through 2-304 and the subtitle "Subtitle 3. Minority Business Enterprise Utilization Program"; 3-101 and the title "Title 3. Maryland-Washington Metropolitan District"; 4-101 through 4-104 and 4-105(a) and (c) through (h) and the title "Title 4. Intergovernmental Relations"; 5-101 through 5-105, 5-105.1, 5-106(a) through (c), 5-107 through 5-109, 5-110(b), 5-111 through 5-113, 5-113.1, 5-114, 5-114.1, and 5-115 through 5-118, the title "Title 5. Property; Powers; Recreation Program" and the subtitle "Subtitle 1. Metropolitan District Property and Powers Generally"; 5-201 through 5-507 and the subtitles "Subtitle 2. Prince George's County Recreation Program", "Subtitle 3. Prince George's County and Montgomery County Historic Property Grant Program", "Subtitle 4. Revitalization and Redevelopment Activities", and "Subtitle 5. Prince George's County Agricultural Preservation Easement Program"; 6-101 through 6-111 and the title "Title 6. Fiscal Authority"; 7-101 through 7-107, 7-108(a) through (c), (d)(1), (2)(ii), and (4), and (e), 7-108.1, 7-109 through 7-115, 7-116(a), (b), (c)(2), and (d) through (h), 7-117, 7-117.1, 7-117.2, 7-118 through 7-121, and 7-121.1 and the title "Title 7. Maryland-Washington Regional District"; 8-101 through 8-108, 8-108.1, 8-109, 8-110, 8-110.1, 8-110.2, 8-111, 8-111.1, 8-112, 8-112.1 through 8-112.4, 8-114, 8-115(a), (b), and (d) through (h), 8-115.1, 8-115.2, 8-116 through 8-119, 8-119.1, 8-120 through 8-122, 8-122.1, 8-123 through 8-129 and the title "Title 8. District Councils for Regional District"; and 9-101 (a) through (d) and 9-102 and the title "Title 9. Flood Control"
Article 66B - Land Use
Section 1.00 through 1.04 and the subtitle "General Provisions"; 2.01 through 2.13 and the subtitle "Zoning in Baltimore City"; 3.01 through 3.10 and the subtitle...
