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§ 3-204. Plan adoption

West's Annotated Code of MarylandLand UseEffective: October 1, 2015

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division I. Single-Jurisdiction Planning and Zoning [Titles 1-13] (Refs & Annos)
Title 3. Comprehensive Plan (Refs & Annos)
Subtitle 2. Development and Adoption (Refs & Annos)
Effective: October 1, 2015
MD Code, Land Use, § 3-204
§ 3-204. Plan adoption
Currentness
In general
(a) Each local jurisdiction shall adopt a plan that includes:
(1) the elements required under Subtitle 1 of this title; and
(2) the visions set forth in § 1-201 of this article.
Adoption of regulations
(b)(1) Except as provided in paragraph (2) of this subsection, only a legislative body that has adopted a plan may adopt regulations implementing the visions stated in § 1-201 of this article in the plan.
(2) This subsection does not limit the Department of Planning from exercising any authority granted under the State Finance and Procurement Article.
Adoption, modification, remand, or disapproval of plan, part of plan, or amendment to plan
(c)(1) Subject to paragraph (2) of this subsection, a legislative body may adopt, modify, remand, or disapprove:
(i) the whole plan or part of the plan;
(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or
(iii) an amendment to the plan.
(2) The legislative body may hold a public hearing before remanding or disapproving and shall hold a public hearing before adopting or modifying:
(i) the whole plan or part of the plan;
(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or
(iii) an amendment to the plan.
(3) The planning commission shall hold a public hearing before submitting a new recommended plan to the legislative body, if the legislative body remands or disapproves:
(i) the whole plan or part of the plan;
(ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or
(iii) an amendment to the plan.
(4)(i) The recommendation of the planning commission shall be considered approved if the legislative body fails to approve, modify, remand, or disapprove the recommended plan in accordance with paragraph (1) of this subsection within 90 days after the date that the planning commission certifies an attested copy of the recommended plan to the legislative body in accordance with § 3-203(f) of this subtitle.
(ii) Notwithstanding subparagraph (i) of this paragraph, if the legislative body determines that there are exigent circumstances so that the legislative body is unable to act in accordance with paragraph (1) of this subsection, by resolution the legislative body may extend the deadline in subparagraph (i) of this paragraph for no more than one 60-day extension.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2015, c. 288, § 1, eff. Oct. 1, 2015.
MD Code, Land Use, § 3-204, MD LAND USE § 3-204
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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