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§ 20-304. Commission failure to act

West's Annotated Code of MarylandLand UseEffective: January 5, 2022

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division II. Maryland-National Capital Park and Planning Commission [Titles 14-27] (Refs & Annos)
Title 20. Maryland-Washington Regional District (Refs & Annos)
Subtitle 3. Review of Public Projects (Refs & Annos)
Part I. Mandatory Referral Review (Refs & Annos)
Effective: January 5, 2022
MD Code, Land Use, § 20-304
§ 20-304. Commission failure to act
“Complete submission” defined
(a) In this section, “complete submission” means an explanatory narrative accompanied by engineering or architectural drawings that depict the proposed location, character, grade, and extent of the activity subject to a mandatory referral.
In general
(b) Unless a longer period is granted by the submitting entity, an official referral to the Commission under this part is deemed approved if the Commission fails to act within 60 days after the date of a complete submission accepted by the Commission to adequately review the proposed location, character, grade, and extent of the activity.
Notice to submitting entity
(c)(1) Within 3 business days after receiving a submission or an amendment to a submission, the Commission shall notify the submitting entity that the submission is:
(i) complete and accepted by the Commission; or
(ii) rejected as incomplete by the Commission.
(2) At the same time that the Commission provides notice that a submission has been rejected as incomplete under paragraph (1)(ii) of this subsection, the Commission shall provide to the submitting entity an itemized list of the information required for the submission to be considered complete.
Amendments
(d) If a submitting entity submits an amendment to a submission that was rejected as incomplete, the Commission:
(1) shall act on the amended submission within 60 days after receipt of the amendment; and
(2) within 3 business days after receipt of the amendment, shall notify the submitting entity of the completeness of the submission in accordance with subsection (c) of this section.
Continuing rejection as incomplete
(e)(1) If a submission is rejected as incomplete after the submitting entity has submitted amendments at least three times, the entity may notify the Commission that it is unable to provide additional information on the submission through reasonable means.
(2) On receipt of the notice from a submitting entity provided in accordance with paragraph (1) of this subsection, the Commission shall:
(i) accept the submission as complete; and
(ii) act on the submission within 60 days.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2021, 1st Sp. Sess., c. 6, § 1, eff. Jan. 5, 2022.
MD Code, Land Use, § 20-304, MD LAND USE § 20-304
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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