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§ 1-605. Petitions for judicial review

West's Annotated Code of MarylandEnvironmentEffective: January 1, 2010

West's Annotated Code of Maryland
Environment
Title 1. Definitions; General Provisions; Enforcement (Refs & Annos)
Subtitle 6. Public Participation in the Permitting Process (Refs & Annos)
Effective: January 1, 2010
MD Code, Environment, § 1-605
§ 1-605. Petitions for judicial review
Manner of filing petition
(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.
Time for filing petition
(b) A party submitting a petition for judicial review shall file the petition within 30 days after publication of a notice of final determination.
Conduct of action
(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.
Scope of challenge
(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.

Credits

Added by Acts 1993, c. 59, § 2. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2002, c. 564, § 2, eff. July 1, 2002; Acts 2009, c. 650, § 2, eff. Jan. 1, 2010; Acts 2009, c. 651, § 2, eff. Jan. 1, 2010.
MD Code, Environment, § 1-605, MD ENVIR § 1-605
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.
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