# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33A. Planning Procedures.

### Article 1. Master Plans.

**Sec. 33A-1. Effect of chapter.**

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supersede the following former provisions of section 63 of the regional act to the extent that said provisions were repealed by chapter 711 of the 1969 Laws of Maryland, but have remained in effect until suspended, superseded or amended by the district council: 63(c), 63(d)(2), 63(d)(3), 63(d)(5), 63(d)(6), and 63(d), 63(f) and 63(g).

**Sec. 33A-2. Definitions.**

  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.

**Sec. 33A-3. Initiation of plan.**

  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.

**Sec. 33A-4. Amendments.**

  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.

**Sec. 33A-5. Public hearing-preparation; copies to be made available; comments by county executive.**

  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.

**Sec. 33A-6. Public hearing.**

  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.

**Sec. 33A-7. Planning Board Draft.**

  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.

**Sec. 33A-8. District Council action.**

  (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.

**Sec. 33A-9. Adoption of plan.**

  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.

**Sec. 33A-10. Publication of adopted plans.**

  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.

**Sec. 33A-11. Certification and filing.**

  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.

**Sec. 33A-12. Previously adopted plans to remain effective.**

  Any plan or amendment to a plan adopted before this Chapter remains effective until superseded or amended under this chapter.

**Sec. 33A-13. Administrative procedures.**

  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.