Under authority of chapter 711 of the 1969 Laws of Maryland, this chapter establishes planning procedures for Montgomery County, which supersede the following former provisions of section 63 of the regional act to the extent that said provisions were repealed by chapter 711 of the 1969 Laws of Maryland, but have remained in effect until suspended, superseded or amended by the district council: 63(c), 63(d)(2), 63(d)(3), 63(d)(5), 63(d)(6), and 63(d), 63(f) and 63(g).

In this Chapter, the following words have the meanings indicated: “Commission” means the Maryland-National Capital Park and Planning Commission. “District Council” means the County Council sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County. “Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director of the Department of Environmental Protection finds to be a significant contributor to global warming. “Plan”means the General Plan, an area master plan, a sector plan, the Master Plan of Highways, a functional plan, and any amendments to those plans, as described in the Regional District Act. “Planning Board” means the Montgomery County Planning Board. “Regional District Act” means Chapter 780 of the Laws of Maryland for 1959, as amended and codified in Division II of the Land Use Article of the Maryland Code.

The Commission or the District Council shall initiate work on a plan in accordance with the provisions of Title 21 of the Regional District Act.

The initiation, preparation, approval, adoption, publication and certification of amendments to plan shall take place in accordance with the same procedures as are established by this chapter with respect to plans.

The Commission must prepare a public hearing draft of a plan or an amendment to an adopted plan. Upon request of the Commission, the County Executive must, and any municipality in or adjacent to the planning area should, provide as early as possible, preliminary information on existing conditions and those likely to result from proposed changes in land use which may affect the need for transportation, water and sewer services, and other public facilities and services, including any fiscal implications of the plan or amendment, and any other studies, data, and information pertinent to the preparation of the public hearing draft. When the draft plan is prepared, the Commission must submit it, not later than 30 days before the public hearing specified in Section 33A-6, to the Executive and any municipality in or adjacent to the planning area for review and comment. Copies of the public hearing draft must be made available to the District Council and the public by the Commission not less than 30 days before the public hearing. The Executive or a designee must present, either in writing or orally at the public hearing or in the hearing record, the comments and recommendations of the Executive on the effect of the public hearing draft upon public facilities and the County capital improvements program. The Executive should present his comments in writing before the public hearing so that the public may review and testify on the Executive's comments at the public hearing. The failure of the Executive to present comments or recommendations before the public hearing record is closed indicates concurrence with the public hearing draft plan.

The Commission must conduct a public hearing on the public hearing draft plan or amendment. The public hearing may be conducted in the area affected by the plan, if practicable. Notice of the hearing must be given not less than 30 nor more than 60 days before the hearing by publication at least once in a newspaper of general circulation in Montgomery County. In addition, the Commission must mail notices to all citizens' associations which the records of the Commission show are located in or adjacent to the planning area. The notice of the hearing must specify the time and place of the hearing, the area of the County affected, and the subject matter of the hearing.

After the record of the public hearing is closed, the commission must prepare and submit to the District Council a Planning Board draft of the plan or amendment, incorporating appropriate revisions and modifications to the public hearing draft. A copy of the plan or amendment must also be transmitted to the Executive and to any municipality in or adjacent to the planning area. Within 60 days, the Executive must transmit a fiscal impact analysis to the District Council with any other comments and recommendations the Executive makes. The fiscal impact analysis must: (a) estimate the cost of implementing the plan and propose funding strategies for implementation, and (b) assess the impact of the plan on public facilities, the County capital improvements program, and other fiscal and economic issues as appropriate.

(a) (1) The Council, under its Rules of Procedure, must set the date for a public hearing on the Planning Board draft plan no later than 105 days after the Council receives the plan or amendment from the Planning Board. (2) The Council must hold its hearing on the Planning Board draft plan at least 30 days, but not more than 60 days, after the hearing was advertised in at least one newspaper of general circulation in the County. (3) A public hearing is not required if the District Council does not intend to propose any revisions, modifications, or amendments to the Planning Board draft plan. (b) (1) The public hearing required under this section may be held in the area that is affected by the plan. (2) Notice of the public hearing required under this section must: (A) be given no less than 30 days nor more than 60 days before the hearing; (B) be published at least once in a newspaper of general circulation in this County; (C) specify the time and place of the hearing, the area affected, and the subject matter of the hearing; and (D) be mailed to all citizens' associations that received notice of the public hearing of the Commission. (3) The District Council must request any municipality that received a Planning Board draft plan or amendment to provide its comments and recommendations no later than 10 days before the public hearing in order to inform the general public of those comments and recommendations before the public hearing. (c) (1) After the public hearing, the District Council must approve or disapprove the Planning Board draft plan or amendment with any modifications or amendments that the District Council finds appropriate. (2) The District Council must not act on any plan after October 31 of any year in which a general election for County Council is held until the first day of a new Council's term. The applicable deadline for approval or disapproval under subsection (c)(3) is not suspended by this subsection. (3) Within 180 days after receiving the Executive's fiscal impact analysis, or within 240 after the Planning Board draft is transmitted to the County Council if the Executive does not submit a fiscal impact analysis, the District Council must approve, modify, or disapprove the plan or amendment. The District Council may extend this deadline by one or more 60-day periods by a vote on each extension of two-thirds of those members present and voting.

Within 60 days after the District Council approves the Planning Board draft of a plan or amendment, the Commission must adopt the plan or amendment in the form approved by the District Council.

After a plan or amendment is adopted under this Chapter, the Commission must publish it and make it available to the public. Copies of all approved and adopted plans (and their amendments) that are currently in force must be available for sale to the public (at appropriate prices established by the Commission) at the Montgomery County Office of the Commission.

An attested copy of every adopted plan or amendment to an adopted plan must be certified by the Commission and filed with the Clerks of the Circuit Court for Montgomery and Prince George's Counties.

Any plan or amendment to a plan adopted before this Chapter remains effective until superseded or amended under this chapter.

The Commission and the District Council may, from time to time, establish administrative procedures to implement this Chapter, consistent with this Chapter and the Regional District Act.

As part of the factors and conditions outlined in Section 21-104 of the Regional District Act and Section 1-201 of the Land Use Article of the Maryland Code in preparing the Plan, the Planning Board must: (a) conduct a climate assessment under Section 2-81D; and (b) consider the impact of the plan on racial equity and social justice in the County, as defined in Section 2-64A.

(a) Purpose; Policy. (1) The purpose of this Article is to establish a process by which the County Council can give policy guidance to agencies of government and the public on matters concerning: (A) land use development; (B) growth management; and (C) related environmental, economic, and social issues. (2) The policy guidance will be provided through the adoption by the County Council of a Growth and Infrastructure Policy, which is intended to be an instrument that facilitates and coordinates the use of the powers of government to limit or encourage growth and development in a manner that best enhances the general health, welfare, and safety of the residents of the County. (3) The County Council must adopt a Growth and Infrastructure Policy every 4 years. The policy must include guidelines for the Planning Board, and other agencies as appropriate, for their administration of Section 50-35(k) and other laws and regulations which affect the adequacy and timing of public facilities needed to support growth and development. This policy is the growth policy referred to in Article 28 of the Maryland Code and in Section 50-35(k) and elsewhere in the County Code. (b) Duties of the County Planning Board. Every fourth year, in the second year of a Council term, the Planning Board must produce a recommended Growth and Infrastructure Policy. (1) By June 15, the Board must send to the Council a staff draft Growth and Infrastructure Policy which includes: (A) a status report on general land use conditions in the county, including the remaining growth capacity of zoned land, recent trends in real estate transactions, the level of service conditions of major public facilities and environmentally sensitive areas, and other relevant monitoring measures; (B) a forecast of the most probable trends in population, households, and employment for the next 10 years, including key factors that may affect the trends; (C) a recommended set of guidelines for the Board, and other agencies as appropriate, with respect to subdivision staging and administration of related laws and regulations which affect growth and development; and (D) any other information or recommendations relevant to the Growth and Infrastructure Policy or requested by the Council in the course of adopting the Growth and Infrastructure Policy or by a later resolution. (2) By August 1, the Board must approve and send to the Council a recommended Growth and Infrastructure Policy. (3) The Board must promptly make available to the County Executive, other agencies (including the Office of Zoning and Administrative Hearings and the People’s Counsel), and the public copies of the staff draft and the Board’s recommended Growth and Infrastructure Policy. (c) Duties of the County Executive. (1) Every fourth year, in the second year of a Council term, the Executive must send to the Council by September 15 any revisions to the Growth and Infrastructure Policy recommended by the Planning Board in the form of specific additions and deletions. (2) The Executive must promptly make available to the Planning Board, other agencies, and the public copies of the Executive’s recommendations. (3) The Executive must assist the Planning Board to compile its status report for the recommended Growth and Infrastructure Policy by making available monitoring data which is routinely collected by executive branch departments. (d) Duties of the County Board of Education. (1) Every fourth year, in the second year of a Council term, the Board of Education must send to the Council by September 15 any comments on the recommended Growth and Infrastructure Policy submitted by the Planning Board and the Executive’s recommendations, including any proposed revisions in the form of specific additions or deletions. (2) The Board of Education must promptly make available to the Planning Board, the Executive, and the public copies of these comments and revisions. (3) The Board of Education must assist the Planning Board to compile its status report for the Growth and Infrastructure Policy by making available monitoring data which is routinely collected by Montgomery County Public Schools staff. (e) Duties of the County Council. (1) After receiving the recommended Growth and Infrastructure Policy, the recommendations of the Executive, and any other agency comments, the Council must hold a public hearing on the recommendations and comments. (2) Every fourth year, in the second year of a Council term, the Council must adopt by November 15 a Growth and Infrastructure Policy to be effective until November 15 four years later. If the Council does not adopt a new Growth and Infrastructure Policy, the Growth and Infrastructure Policy adopted most recently remains in effect. (f) Amending the Growth and Infrastructure Policy. (1) The County Council, the County Executive, or the Planning Board may initiate an amendment to the Growth and Infrastructure Policy. (2) If the Executive initiates an amendment: (A) the Executive must send it to the Council, the Planning Board, and other agencies, and make copies available to the public; (B) the Planning Board must send any comments on the proposed amendment to the Council and the other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and (C) the Council may amend the Growth and Infrastructure Policy after giving the Planning Board and Board of Education an opportunity to comment and holding a public hearing. (3) If the Planning Board initiates an amendment: (A) the Planning Board must send it to the Council, the Executive, and other agencies, and make copies available to the public; (B) the Executive must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and (C) the Council may amend the Growth and Infrastructure Policy after giving the Executive and Board of Education an opportunity to comment and holding a public hearing. (4) If the Council initiates an amendment: (A) the Council must send it to the Executive, the Planning Board, and other agencies, and make copies available to the public; (B) the Executive and the Planning Board must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and (C) the Council may amend the Growth and Infrastructure Policy after a public hearing. (5) If it finds that an emergency so requires, the Council may hold the public hearing and adopt an amendment before receiving comments under subparagraphs (2)(B), (3)(B), or (4)(B).

(a) The Planning Board must provide information and referral services on County land use and related regulatory functions to interested members of the public. The services to be provided include technical assistance and information on: (1) master plans, including pending amendments; (2) zoning, including pending cases and pending text amendments; (3) subdivision control, including pending applications and amendments to Chapter 50; (4) growth policy and related regulatory requirements; (5) federal, state, and local environmental regulations; and (6) related administrative, regulatory, or legislative procedures applicable to the Planning Board, Office of Zoning and Administrative Hearings, Historic Preservation Commission, Board of Appeals, other County regulatory agencies, Washington Suburban Sanitary Commission, and County Council. (b) A resource library must be maintained that contains: (1) relevant laws, regulations, and administrative procedures; (2) appropriate zoning and other maps; (3) administrative and legislative hearing schedules; (4) significant administrative and judicial land use decision; and (5) master plans, policy documents, planning studies, and other appropriate reference materials. (c) All County departments, offices, and agencies must provide the planning department with: (1) requested materials (other than confidential documents) to ensure the availability to the public of current information; and (2) the location and telephone number of the person or persons to whom inquiries may be referred. (d) (1) In this subsection, a burial site means a physical location where human remains were buried in the earth, or entombed in a mausoleum or columbarium. A burial site includes a cemetery, but does not include the sprinkling of ashes from cremated remains. (2) The Planning Board must maintain, and revise as appropriate, an inventory of burial sites located in the County. The inventory must: (A) include a map and a description of each burial site, including ownership information when available; (B) be made available to the public electronically; and (C) be updated at least annually or as information becomes available. (3) The Planning Board must establish a procedure for additions or exclusions to the burial site inventory. The procedures must include an outreach program.