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Maryland Code, Land Use § 21-105

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The appropriate district council shall carry out the requirements of this section:

(1) in accordance with the procedures set forth in this subtitle; and

(2) to the extent necessary and feasible.

(b)(1) Subject to paragraph (2) of this subsection, the appropriate district council shall provide that in its county the Commission shall adopt, and the district council shall approve, a map that shows the entire area of that county located within the regional district, divided into local planning areas.

(2)(i) Before approving a map, the appropriate district council shall consult with the Commission with respect to the boundaries of the local planning areas located wholly or partially within that county.

(ii) If there is a disagreement as to the boundaries of a local planning area, the decision of the district council shall prevail within the area of its jurisdiction.

(c) The appropriate district council shall provide that in its county:

(1)(i) notwithstanding subsection (b) of this section, the Prince George's County district council shall consider, every 6 years, whether to amend the area master plan in that portion of the regional district located in Prince George's County; and

(ii) the decision of the Prince George's County district council regarding whether to amend the area master plan shall:

1. be in writing; and

2. include the reasons for the decision;

(2) in accordance with the work program and budget adopted by the county council of that county, the Commission:

(i) shall initiate and adopt an area master plan for each planning area, any part of a planning area, or any combination of contiguous planning areas; and

(ii) may amend an area master plan for each planning area, any part of a planning area, or any combination of contiguous planning areas;

(3) an area master plan may include recommendations for zoning, staging of development and public improvements, and public services to implement the area master plan;

(4)(i) subject to item (ii) of this item, an area master plan shall be based on the same matters as contained in the general plan and any amendment to the general plan;

(ii) an area master plan:

1. shall include greater detail than the general plan; and

2. is not limited to the contents of the general plan; and

(5) an area master plan, or any amendment to an area master plan, shall show on a map contained in the area master plan the boundary of the area within which the area master plan applies.

(d) The appropriate district council may designate an area master plan, or any amendment to an area master plan, when adopted by the Commission and approved by the appropriate district council, as an amendment to the general plan.

(e) A plan that is adopted before the approval of, or any amendment to, the planning area map shall continue in force and may not be invalidated by the fact that its boundaries do not correspond to the boundaries shown on the planning area map.

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Cite this article: FindLaw.com - Maryland Code, Land Use § 21-105 - last updated January 01, 2025 | https://codes.findlaw.com/md/land-use/md-code-land-use-sect-21-105/

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