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§ 1-202. Conflict with other laws

West's Annotated Code of MarylandLand UseEffective: October 1, 2012

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division I. Single-Jurisdiction Planning and Zoning [Titles 1-13] (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 2. General Provisions (Refs & Annos)
Effective: October 1, 2012
MD Code, Land Use, § 1-202
§ 1-202. Conflict with other laws
Currentness
Regulations adopted under this division govern
(a) A regulation adopted under this division that conflicts with any statute, local law, or other regulation shall govern if the regulation adopted under this division:
(1) requires a greater width or size of yards, courts, or other open spaces;
(2) requires a lower height of buildings;
(3) requires a reduced number of stories;
(4) requires a greater percentage of lot left unoccupied; or
(5) imposes a more restrictive standard.
Statutes or local laws govern
(b) A statute, local law, or other regulation that conflicts with a regulation adopted under this division shall govern if the statute, local law, or other regulation:
(1) requires a greater width or size of yards, courts, or other open spaces;
(2) requires a lower height of buildings;
(3) requires a reduced number of stories;
(4) requires a greater percentage of lot left unoccupied; or
(5) imposes a more restrictive standard.
Application to Maryland-Washington Regional District
(c)(1) This subsection applies to the Maryland-Washington Regional District established under Chapter 992 of the Acts of the General Assembly of 1943.
(2) This division does not supplement Chapter 992 of the Acts of the General Assembly of 1943 if a local agency located within the Maryland-Washington Regional District administers municipal and regional planning and zoning.
(3) In the Maryland-Washington Regional District, the additional and supplemental powers vested by this division in a legislative body may not be considered vested in and may not be exercised by a county council acting as a district council under Chapter 992 of the Acts of the General Assembly of 1943.
(4) In the Maryland-Washington Regional District, the powers vested by this division in a planning commission or board of appeals may not be considered vested in and may not be exercised by the Maryland-National Capital Park and Planning Commission, the planning board, or the board of zoning appeals of the affected county.
(5) Provisions of this division that are inconsistent with or contrary to Chapter 992 of the Acts of the General Assembly of 1943 do not apply in the Maryland-Washington Regional District.
(6) This division does not affect the validity of Chapter 992 of the Acts of the General Assembly of 1943.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012.
MD Code, Land Use, § 1-202, MD LAND USE § 1-202
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