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§ 9-507. Approval process

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2017

West's Annotated Code of Maryland
Environment
Title 9. Water, Ice, & Sanitary Facilities (Refs & Annos)
Subtitle 5. County Water and Sewerage Plans (Refs & Annos)
Effective: October 1, 2017
MD Code, Environment, § 9-507
§ 9-507. Approval process
Currentness
In general
(a) When a county governing body submits its proposed county plan or a proposed revision or amendment of its county plan to the Department, the Department may:
(1) Approve the proposal;
(2) Disapprove the proposal;
(3) If the part approved includes all of the required elements of a county plan, approve the proposal in part and disapprove it in part; or
(4) Modify or take other appropriate action on the proposal.
Department submission to other Departments of proposed county plan or proposed revision or amendment
(b) Before the Department approves or disapproves, in whole or in part, a proposed county plan or a proposed revision or amendment of a county plan, the Department shall submit the proposal:
(1) To the Department of Natural Resources for advice on natural resources matters;
(2) To the Department of Planning for advice on the consistency of the proposal with the local master plan and other appropriate matters; and
(3) To the Department of Agriculture for advice on the impact of water and sewerage service and solid waste facilities on productive or potentially productive agricultural land.
Time limit for approval, disapproval, or partial approval of plan
(c)(1) Except as otherwise provided in this subsection, the Department shall approve, disapprove, or partially approve and partially disapprove each proposed county plan or proposed revision or amendment to a county plan within 60 days after the proposal is submitted to the Department.
(2) For good cause and after notice to the county involved, the Department may extend the 60-day review period of paragraph (1) of this subsection for an additional 45 days.
(3)(i) Subject to subparagraph (ii) of this paragraph, if the Department requires additional time for review beyond what is provided in paragraphs (1) and (2) of this subsection, a supplemental 45-day review period may be added at the expiration of the 45-day extension authorized in paragraph (2) of this subsection.
(ii) 1. If the Department adds the supplemental 45-day review period authorized in subparagraph (i) of this paragraph, they must provide written notice to the affected county, the county delegation members of the General Assembly, and the Governor not less than 10 days before the expiration of the 45-day extension authorized in paragraph (2) of this subsection.
2. The written notice required by subsubparagraph 1 of this subparagraph shall include all additional review time requested by the Department, including the reasons for failing to complete the review within the time periods provided in this section.
Automatic approval of plan
(d)(1) If the Department does not disapprove, in whole or in part, a proposed county plan or a proposed revision or amendment of a county plan within the review period provided in subsection (c) of this section, the proposal is approved.
(2) The Department shall provide written notice of approval to the county in the event that a local plan, revision, or amendment receives approval in accordance with paragraph (1) of this subsection.
Construction
(e)(1) Before the Department takes any action under subsection (a) of this section, a county may use its proposed county plan or proposed revision or amendment of its county plan at the county's own risk, if the county governing body has adopted the proposed county plan, revision, or amendment.
(2) After the county governing body adopts the proposed county plan, a person shall follow the provisions of that plan except to the extent that the Department modifies or disapproves that plan.

Credits

Added by Acts 1983, c. 542, § 2. Amended by Acts 1989, c. 540, § 1; Acts 2000, c. 209, § 2, eff. July 1, 2000; Acts 2017, c. 387, § 1, eff. Oct. 1, 2017.
MD Code, Environment, § 9-507, MD ENVIR § 9-507
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document