Title 11. Powers of Code Counties — Subtitle 4. Water and Sewerage Services
Statutes in effect as of October 1, 2026.
Md. Code Ann., Local Gov't § 11-401 (2026)
Title 11. Powers of Code Counties
Subtitle 4. Water and Sewerage Services
§ 11–401LinkCopy Citation
(a)
In this section, “department” means a department of public facilities and services.
(b)
The powers granted under this section may be exercised notwithstanding any other law in effect when the county commissioners exercise a power granted under this section.
(c)
The county commissioners, by public local law, may:
(1)
establish a department of public facilities and services; and
(2)
provide for the organization and functions of the department.
(d)
The county commissioners may assign to a department:
(1)
responsibility for construction, maintenance, repair, service, and management of:
(i)
public works, public buildings, publicly owned water and sewerage facilities and projects, and capital projects;
(ii)
water supply facilities and projects;
(iii)
wastewater collection, treatment, and disposal facilities and projects;
(iv)
solid waste collection, recycling, and disposal facilities and projects;
(v)
storm drainage, erosion, and sediment control facilities and projects;
(vi)
lighting for roads, highways, alleys, and other public places; or
(vii)
mosquito control facilities and programs; and
(2)
any other function or duty that is not inconsistent with this section.
(e)
(1)
Subject to paragraphs (3) and (4) of this subsection, if the county commissioners assign to a department the responsibility for water and sewerage functions, the county commissioners shall abolish by public local law:
(i)
any water or sewer authority established for the county under Title 9, Subtitle 9 of the Environment Article; and
(ii)
any sanitary district or commission established for the county under Title 9, Subtitle 6 of the Environment Article.
(2)
Before abolishing a water or sewer authority or sanitary district or commission, the county commissioners may request that the entity provide to the county appropriate information to assist the county commissioners in complying with paragraph (3) of this subsection.
(3)
The public local law shall provide:
(i)
for the retiring, refunding, refinancing, transfer, or assumption of any applicable outstanding bonds of the abolished entity;
(ii)
for the assumption of all existing assets and liabilities of the abolished entity by the county, subject to an audit of the assets and liabilities by a certified public accountant;
(iii)
for the transfer of all real and personal property of the abolished entity to the county;
(iv)
for the transfer of responsibility and administration of any legally enforceable agreement between the abolished entity and another party to the county;
(v)
for the continued effect of orders, rules, and regulations of the abolished entity, until revoked or modified by the county commissioners;
(vi)
that any revenues of an abolished entity remain dedicated for the purpose collected and are not transferred into the county’s general fund; and
(vii)
that all matters pending before the abolished entity may continue and shall be completed by the department.
(4)
Any employee of a water or sewer authority or of a sanitary district or commission employed on the date that the authority, district, or commission is abolished who transfers to the department or to a municipality or local community under § 11–402 of this subtitle shall transfer without any loss of salary, retirement benefits, insurance benefits, leave time, seniority level, or other employee benefits.
(f)
(1)
If the county commissioners abolish a water or sewer authority or sanitary district or commission, the county commissioners shall exercise the powers of a water or sewer authority or sanitary district or commission.
(2)
The county commissioners may:
(i)
adopt regulations for water and sewerage management;
(ii)
acquire, construct, operate, or maintain water and sewerage systems as the county commissioners consider to be in the public interest and necessary to protect the general health and welfare; and
(iii)
set rates, fees, and assessments for water and sewerage services and benefits.
Md. Code Ann., Local Gov't § 11-402 (2026)
Title 11. Powers of Code Counties
Subtitle 4. Water and Sewerage Services
§ 11–402LinkCopy Citation
(a)
(1)
In this section, “local community” means an incorporated or unincorporated community, other than a municipality, with a governing board that is elected by the property owners or residents of the community.
(2)
“Local community” includes a community association or similar association or a special taxing district if the association or district has a governing board elected by the property owners or residents of the community.
(b)
This section applies only if a county establishes a department of public facilities and services and assumes the responsibilities of a sanitary district or commission or a water or sewer authority under § 11–401 of this subtitle.
(c)
Subject to subsections (d) and (e) of this section, the county commissioners may enter into an agreement with the governing body of a municipality or a governing board of a local community that transfers responsibility for water or sewerage services to the municipality or local community.
(d)
An agreement made under this section shall be in writing and shall require that:
(1)
the municipality or local community continues to serve any area, within or outside its boundaries, that is served by the facilities transferred when the transfer occurs;
(2)
any increase in fees or taxes for water or sewerage services following the transfer be applied uniformly within and outside the boundaries of the municipality or local community;
(3)
the municipality or local community, in accordance with the agreement, assumes legal responsibility for the payment of principal of and interest on any applicable outstanding bonds issued by the county or by a water or sewer authority or a sanitary district or commission with respect to facilities being transferred to the municipality or local community;
(4)
the disposal of sewage sludge by the municipality or local community be conducted in accordance with county regulations;
(5)
the municipality or local community honors, in accordance with the agreement, any obligation that exists when the transfer occurs, for the treatment at a treatment facility of leachate generated at a landfill in the county;
(6)
the municipality or local community complies with the terms of any grant or requirement involving a federal or State agency concerning facilities or operations transferred to the municipality under the agreement; and
(7)
any revenues from an entity abolished under § 11–401 of this subtitle and transferred under the agreement remain dedicated for the purpose collected and are not transferred into the municipality’s or local community’s general fund.
(e)
An agreement made under this section shall specify:
(1)
the obligation of the parties to cooperate in the operation of any laboratory, the sharing of equipment, and other related matters in which the county and municipality or local community might mutually benefit;
(2)
the obligation of the parties to satisfy any vested retirement rights of employees who transfer from the county to the municipality or local community under the agreement;
(3)
the obligation of the parties to assure the maintenance of salary levels, retirement benefits, insurance benefits, vacation benefits, leave time, seniority levels, and other employee benefits, which are in effect for county employees who transfer to the municipality or local community under the agreement; and
(4)
any other matter relating to water or sewerage services on which the county and municipality or local community agree that are consistent with this section.