# Local Government (GLG) ## Title 12. Other Powers of Counties -- Generally ### Subtitle 1. County Officers and Employees #### Section 12-101 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; (7) Queen Anne's County; and (8) Worcester County. (b) The governing body of a county may provide for the appointment and removal of any county officer or employee whose appointment or election is not provided for by the Maryland Constitution or public general law or public local law. #### Section 12-102 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; (7) Queen Anne's County; and (8) Worcester County. (b) Subject to any restriction imposed by a public general law or public local law, the governing body of a county may determine the compensation of appointed officers and employees of the county. #### Section 12-103 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; and (7) Worcester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may establish a merit system in connection with the appointment of county officials and employees not elected or appointed under the Maryland Constitution or public general law of the State. #### Section 12-104 In Dorchester County, the governing body may include in the merit system of the county the employees of the Dorchester County Sanitary District. #### Section 12-105 (a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section. (b) The County Commissioners of Garrett County shall have a merit system for all county employees in accordance with the recommendations of the Merit System Commission and Governmental Study Commission of Garrett County. #### Section 12-106 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; (7) Queen Anne's County; and (8) Worcester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may: (i) create, change, or abolish an office or a department; and (ii) assign additional functions to an office or a department. (2) The governing body of a county may not create, change, or abolish an office or a department or transfer a function of an office or department established by the Maryland Constitution, public general law, or public local law. #### Section 12-107 (a) This section applies to all counties except Baltimore City. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may enact a law or regulation: (1) designed to prevent conflicts between the private interests and public duties of county officers or employees, including the governing body; and (2) to govern the conduct and actions of county officers and employees, including the governing body, in performing their public duties. (d) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may enact a law or regulation to provide for a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for violation of any law or regulation enacted under subsection (c) of this section. (2) The governing body of Calvert County shall enact a law or regulation that authorizes the governing body to remove a county elected official from office for violations of any law or regulation enacted under subsection (c) of this section or Sec. 5-807(a)(1) of the General Provisions Article relating to conflicts of interest. #### Section 12-108 (a) Except as provided in subsection (b) of this section and notwithstanding any other provision of law, an individual appointed to a board or commission by the County Commissioners of Charles County may not serve more than two consecutive full terms. (b) Subsection (a) of this section does not apply if the County Commissioners of Charles County determine that there is not a qualified individual to replace an incumbent who has served two consecutive full terms. #### Section 12-109 (a) Frederick County may: (1) pay the wages of a county employee by debit card; and (2) require a county employee, as a condition of employment, to elect to receive the payment of wages by debit card or, subject to Sec. 1-206(b) and (c) of this article, by direct deposit. (b) If a county employee elects to receive the payment of wages by debit card, the county shall provide to the employee a statement that includes: (1) the total amount of the employee's wages; (2) any amount deducted from the wages; and (3) the amount of the wages credited to the debit card. ### Subtitle 2. Pensions; Group Insurance #### Section 12-201 (a) This subtitle applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Howard County; (5) Prince George's County; (6) Queen Anne's County; and (7) Worchester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may: (1) establish a pension plan or group insurance program for the benefit of its officers and employees; and (2) establish classifications and eligibility criteria for each pension plan or group insurance program. #### Section 12-202 (a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section. (b) The County Commissioners of Calvert County may establish a separate fully funded pension plan for the Calvert County Sheriff's department. (c) (1) A pension plan established under subsection (b) of this section may provide for participation by: (i) Calvert County deputy sheriffs who are actively engaged in law enforcement; (ii) Calvert County correctional officers assigned to the county detention center; and (iii) the Calvert County detention center administrator. (2) A pension plan established under subsection (b) of this section may not be applied to an individual whose term of office ended before January 1, 1971, if that individual is eligible to receive pension benefits under Sec. 2-318(e) of the Courts Article. (d) A pension plan established under subsection (b) of this section shall include provisions for: (1) retirement age eligibility; (2) retirement based on years of active service, regardless of age; (3) early retirement eligibility; (4) disability retirement; (5) death benefits for a spouse or children; (6) cost-of-living adjustments; and (7) cash refund of contributions for participants terminating employment. (e) An individual who participates in a pension plan established under subsection (b) of this section is not eligible to receive pension benefits under Sec. 2-318(e) of the Courts Article. (f) (1) Subject to paragraph (2) of this subsection, the County Commissioners of Calvert County shall determine the effective date for any pension plan established under subsection (b) of this section. (2) The effective date shall conform to the provisions of Title 31, Subtitle 3 of the State Personnel and Pensions Article. #### Section 12-203 (a) The County Commissioners of Charles County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under Sec. 12-201 of this subtitle. (b) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff's department who: (i) are actively engaged in law enforcement; and (ii) were working in law enforcement within the department on or before June 30, 1986. (2) (i) A member may retire if the member has at least 30 years of active service regardless of age. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member's average base salary for the 3 highest years preceding retirement. (3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 30 years of active service. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member's early retirement date precedes the date the member would have had 30 years of active service. (4) The contribution rate of a member may not exceed 8% of the member's base salary. (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both. (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff's department before retirement. (7) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement. (8) For each member, the provisions of the pension plan shall apply retroactively to the member's original date of employment. (9) The pension plan is effective on or after July 1, 1995. (c) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff's department who: (i) are actively engaged in law enforcement; and (ii) were hired by the Sheriff's department on or after July 1, 1986. (2) (i) A member may retire if the member has at least 30 years of active service regardless of age. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member's average base salary for the 3 highest years preceding retirement. (3) (i) A member may retire with an early retirement allowance if the member has at least 25 years but less than 30 years of active service. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member's early retirement date precedes the date the member would have had 30 years of active service. (4) The pension plan shall include provisions for early retirement after 20 years of service that: (i) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and (ii) are approved by the county commissioners. (5) The contribution rate of a member may not exceed 8% of the member's base salary. (6) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both. (7) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff's department before retirement. (8) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement. (9) The provisions of the pension plan may include any member who was working in law enforcement on July 1, 1986, and shall apply retroactively to the date of that employment. (10) The pension plan is effective on or after July 1, 1995. (d) The pension plan established under subsection (b) or (c) of this section may include the Charles County Sheriff. (e) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of the Charles County Sheriff's department who are classified as correctional officers. (2) (i) A member may retire if the member has at least 25 years of active service regardless of age. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2.25% of the member's average base salary for the 3 highest years preceding retirement multiplied by each year of the member's years of credited service. (iii) A member's retirement allowance provided under this paragraph may not exceed 75% of the member's average base salary for the 3 highest years preceding retirement. (3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service. (ii) The pension plan shall include provisions for early retirement after 20 years of active service that: (1) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and (2) are approved by the county commissioners. (4) The contribution rate of a member may not exceed 7% of the member's base salary. (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both. (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions for a member who terminates employment with the Charles County Sheriff's department before retirement. (7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement. (8) The provisions of the pension plan may include any member who was working as a Charles County correctional officer on July 1, 1995, and shall apply retroactively to the date of that employment. (9) The pension plan is effective on or after July 1, 1995. (f) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of Charles County who are classified as communications employees. (2) (i) A member may retire if the member has at least 25 years of active service regardless of age. (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2% of the member's average base salary for the 3 highest years preceding retirement multiplied by each year of the member's years of credited service. (iii) A member's retirement allowance provided under this paragraph may not exceed 75% of the member's average base salary for the 3 highest years preceding retirement. (3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service. (ii) The pension plan shall include provisions for early retirement after 20 years of active service that: (1) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and (2) are approved by the county commissioners. (4) The contribution rate of a member may not exceed 7% of the member's base salary. (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both. (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions for a member who terminates employment as a communications employee for Charles County before retirement. (7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement. (8) The provisions of the pension plan may include any member who was working as a communications employee for Charles County on July 1, 1995, and shall apply retroactively to the date of that employment. (9) The pension plan is effective on or after July 1, 1995. #### Section 12-204 The governing body of Dorchester County may include the employees of the Dorchester County liquor control board and the Dorchester County Sheriff's department in any pension plan or group insurance program established by the governing body. #### Section 12-205 (a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section. (b) The County Commissioners of Garrett County may provide a pension plan and group health and hospital insurance benefits for county officers and employees. (c) The County Commissioners of Garrett County may provide group health and hospital insurance benefits for retired county officers and employees. #### Section 12-206 (a) The County Commissioners of Kent County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under Sec. 12-201 of this subtitle. (b) The County Commissioners of Kent County may include any official or employee of the Kent County Sheriff's department in a pension plan or group insurance program established by the county commissioners. #### Section 12-207 (a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section. (b) The County Commissioners of St. Mary's County may adopt a separate pension plan or may amend an existing pension plan for: (1) the Sheriff; (2) deputy sheriffs; or (3) correctional officers. (c) By resolution, the County Commissioners of St. Mary's County may: (1) adopt the provisions of any pension plan established under subsection (b) of this section; or (2) amend the provisions of any existing pension plan. (d) The County Commissioners of St. Mary's County shall provide for the funding required to implement and support any action taken under this section. #### Section 12-208 (a) (1) (i) This subsection does not apply to Baltimore City. (ii) This subsection applies to any school teacher who is: (1) a retiree of the Teachers' Retirement System or the Teachers' Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and (2) receiving a retirement allowance less than $125 per month. (2) The county commissioners or county council may pay a retiree described under paragraph (1)(ii) of this subsection who retired as an employee of the county public school system the lesser of: (i) $50 per month; or (ii) $125 per month less the retirement allowance the retiree is currently receiving. (3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county commissioner or county council. (4) Any county commissioners or county council that provides a monthly allowance under paragraph (2) of this subsection annually shall impose a tax in an amount sufficient to pay for the additional benefit. (b) (1) This subsection applies to any Baltimore County school teacher who is: (i) a retiree of the Teachers' Retirement System or the Teachers' Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and (ii) receiving a retirement allowance less than $125 per month. (2) (i) The County Council of Baltimore County may pay additional benefits to an individual described under paragraph (1) of this subsection. (ii) The amount of the additional benefit shall be as provided in subsection (a)(2) of this section. (3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county council. (c) (1) In addition to any benefit paid in accordance with subsection (a) of this section, the governing body of Frederick County may pay an additional $8 per month to any retiree described in subsection (a)(1) of this section. (2) The governing body shall impose a tax in an amount sufficient to pay for the additional benefit described in paragraph (1) of this subsection. #### Section 12-209 (a) This section applies only to Carroll County. (b) Notwithstanding any other law, the Board of County Commissioners may not establish: (1) a group insurance program to be offered to the county commissioners, in any year, that offers different benefits or a different county subsidy allowance than the group insurance program offered to full-time county employees for that year; or (2) a defined benefit or defined contribution pension plan to be offered to the county commissioners that is separate from a defined benefit or defined contribution pension plan offered to full-time county employees. (c) A county commissioner: (1) each year may participate in the group insurance program offered to full-time county employees, and may receive the same county subsidy allowed to full-time county employees for that year; and (2) each year may participate in a defined benefit or defined contribution pension plan offered to full-time county employees, but is not eligible for any employer matching contribution. ### Subtitle 3. Contracts and Competitive Bidding #### Section 12-301 (a) This section applies only to commission counties. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section. (c) The county commissioners shall: (1) establish a competitive bidding process for awarding contracts for services or the purchase of supplies if the contract exceeds $15,000; (2) require a bond in connection with a contract, regardless of the amount; and (3) if no bids are submitted in response to a request for bids, obtain the services or supplies in a manner that the county commissioners consider appropriate. (d) In Somerset County, subsection (c) of this section does not apply to a contract solely for design or consultation services. (e) In St. Mary's County, subsection (c) of this section applies only to a contract for services or the purchase of supplies if the contract exceeds $50,000. #### Section 12-302 (a) In this section, "government organization" includes: (1) a county; (2) a board of education; (3) a municipality; or (4) a government cooperative purchasing organization. (b) The County Commissioners of Garrett County may purchase goods and services through a contract entered into by a vendor and a government organization that does not participate in a cooperative purchasing agreement in which Garrett County is a member. #### Section 12-303 (a) This section applies only to commission counties. (b) When awarding a contract for services, the county commissioners of a county shall: (1) enter into a written contract; and (2) require the contractor to provide a performance bond for security in accordance with the terms and specifications of the contract. ### Subtitle 4. Property Acquisition and Transfer #### Section 12-401 (a) This section applies to all counties, except Baltimore City. (b) Except as provided in Sec.Sec. 12-404, 12-405, 12-406, 12-408, 12-409, 12-410, and 12-411 of this subtitle, the governing body of a county may: (1) acquire, by lease, purchase, gift, devise, bequest, condemnation, or any other method, an interest in any property that is needed for a public purpose; (2) construct buildings on the property for the benefit of the county; (3) sell surplus property at public sale, after advertising the sale for at least 20 days; or (4) (i) provide wholly or partly for the financing of housing or a housing project; and (ii) place a deed of trust, mortgage, or other instrument on the financed property to ensure repayment of money used to purchase, construct, rehabilitate, or develop the housing or housing project. #### Section 12-402 (a) (1) The County Commissioners of Calvert County may acquire an option on real property that is needed for a public purpose. (2) For at least 3 successive weeks immediately after acquiring an option to lease or purchase real property, the county commissioners shall publish notice of the option in at least one newspaper of general circulation in the county. (3) The notice shall include: (i) the name of the optionee; (ii) the purpose for securing the option; and (iii) the price and terms of the option. (b) (1) The County Commissioners of Calvert County may: (i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; (ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (iii) pledge and assign the personal property purchased or leased to secure the obligation. (2) (i) The county commissioners may enter into a contract under paragraph (1) of this subsection only if: (1) the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (2) subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (3) the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (4) the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: (A) money appropriated for contract payments for that fiscal year; (B) any money realized from the personal property purchased or leased under the contract; and (C) any other money legally available for contract payment. (ii) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. (c) (1) The County Commissioners of Calvert County may lease or sell surplus county real property. (2) (i) If the county commissioners decide to sell real property where a facility for which the county commissioners appropriated at least $1,000 in any year is located, the county commissioners shall sell the property by sealed bids. (ii) The county commissioners shall advertise an invitation for bids for at least 3 successive weeks in at least one newspaper of general circulation in the county. (iii) The advertisement shall: (1) accurately describe the property; (2) state the time and place for the opening of the bids; and (3) state that the county commissioners reserve the right to reject a bid. (iv) The county commissioners shall open all bids publicly at the time stated in the advertisement. (v) The county commissioners shall sell the property to the highest bidder, unless the county commissioners determine that the county would be better served by selling the property to another bidder. (vi) If the county commissioners reject all bids or if no bids are submitted, the county commissioners may dispose of the property in a manner that the county commissioners determine to be appropriate. (d) (1) Except as provided in paragraph (2) of this subsection, the County Commissioners of Calvert County may transfer, convey, or lease any interest in the real property known as the Solomons Elementary School property to the Calvert County Historical Society, Inc., for use as a public maritime museum without complying with the requirements of this section. (2) A transfer of real property to the Calvert County Historical Society, Inc., under this subsection is subject to subsection (e)(2) and (3) of this section. (3) If the Solomons Elementary School property ceases to be used as a museum open to the public, the property immediately shall revert to the county. (e) (1) (i) By resolution, the County Commissioners of Calvert County may transfer an interest in real property to the federal government, the State, a political subdivision, or a public instrumentality without consideration if the property will be used for a public purpose. (ii) A transfer instrument executed under this paragraph shall include a provision that the property shall revert to the county if the property ceases to be used for a public purpose, unless the county commissioners expressly waive receipt of the reversionary interest at the time the transferee ceases to use the property for a public purpose. (2) By resolution, the county commissioners may donate an interest in surplus real property to a private, nonprofit corporation for educational, human services, housing, cultural, recreational, or community uses. (3) Before transferring or donating property under this subsection, the county commissioners shall: (i) hold a public hearing at least 10 days before taking action on the proposed resolution; (ii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county; and (iii) have an appraisal made of the property for discussion at the hearing. (f) (1) The County Commissioners of Calvert County may: (i) provide wholly or partly for the financing of the purchase, construction, rehabilitation, or development of housing or a housing project; and (ii) record a deed of trust, mortgage, or other instrument on the property where the housing or housing project is located to ensure repayment of money provided under this paragraph. (2) The county commissioners shall: (i) adopt a resolution each time money is provided under this subsection; (ii) hold a public hearing at least 10 days before taking action on a proposed resolution; and (iii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county. #### Section 12-403 (a) The County Commissioners of Caroline County may: (1) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; (2) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (3) pledge and assign the personal property purchased or leased to secure the obligation. (b) (1) The County Commissioners of Caroline County may enter into a contract under subsection (a) of this section only if: (i) the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (ii) subject to paragraph (2) of this subsection, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (iii) the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (iv) the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: (1) money appropriated for contract payments for that fiscal year; (2) any money realized from the personal property purchased or leased under the contract; and (3) any other money legally available for contract payment. (2) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. #### Section 12-404 (a) Except for the procurement of an option to purchase real property, the County Commissioners of Carroll County or a public agency of the county may not take final action to purchase real property unless: (1) the action is taken at a public meeting; and (2) if the consideration for the property is $7,000 or more, the county commissioners or public agency have given public notice of the intent to purchase the real property at least 15 calendar days before the meeting. (b) (1) The County Commissioners of Carroll County may: (i) transfer without public sale an interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and (ii) execute and acknowledge any instruments necessary to transfer the property. (2) The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this subsection. (c) (1) If the County Commissioners of Carroll County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property. (2) If the county commissioners reject all bids under this subsection, the county commissioners: (i) shall record the highest bid in the minutes; and (ii) may privately negotiate and sell the surplus property for a higher price if: (1) the settlement of the property sale is within 1 year after the date of the initial public sale; and (2) the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement. (3) The county commissioners shall adopt regulations to implement this subsection. (d) The County Commissioners of Carroll County may dispose of surplus county personal property with a value of less than $250 by: (1) public auction; (2) public sale that is advertised by public notice in a media that is accessible to the general public; (3) transfer to a unit of a county, a municipality, or the State; (4) transfer to a private nonprofit corporation that is tax exempt under Sec. 501(c)(3) of the Internal Revenue Code and authorized to receive appropriations from the county; (5) deposit at the swap shop at the Northern Landfill; or (6) disposal in a solid waste disposal facility. #### Section 12-405 (a) (1) Notwithstanding any other provision of State law, when negotiating to purchase real property, the governing body of Cecil County, a unit of the county, or the Cecil County Board of Education first shall acquire an option on the property. (2) An option acquired under this subsection shall be: (i) acquired for consideration not exceeding $100; and (ii) for the purchase of property at a fixed price within an agreed period of time not exceeding 6 months. (3) An option may not be disclosed to the public until the option is signed by both parties. (4) After an option has been signed by both parties, the governing body, unit of the county, or county board of education shall publish notice of the option once each week for 2 successive weeks in a newspaper of general circulation in the county. (5) (i) A notice published under this subsection shall specify: (1) the name of the optioner and optionee; (2) the length of the option; (3) the proposed purchase price for the property; and (4) the date, time, and place for the public hearing on the option. (ii) The governing body, unit of the county, or county board of education shall set a date for the hearing that is between 7 and 30 days, inclusive, after the date on which the final notice is published. (6) The governing body, unit of the county, or county board of education shall allow any person to testify at a public hearing on an option. (7) After the public hearing, the governing body, unit of the county, or county board of education: (i) shall exercise the option as soon as legally allowed, if the governing body, unit of the county, or county board of education determines that the option is necessary or desirable; or (ii) may not exercise the option, if the governing body, unit of the county, or county board of education determines that the option is not necessary or desirable. (b) (1) The governing body of Cecil County may: (i) sell by public or private sale or lease surplus county real property; and (ii) execute and acknowledge any instrument necessary to transfer the property. (2) Before the governing body may contract to transfer an interest in county real property, the governing body shall: (i) hold a public hearing between the hours of 6 p.m. and 10 p.m.; and (ii) advertise the public hearing at least 2 weeks before the day of the hearing in a newspaper of general circulation in the county. #### Section 12-406 (a) (1) The County Commissioners of Charles County may: (i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; (ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (iii) pledge and assign the personal property purchased or leased to secure the obligation. (2) (i) The county commissioners may enter into a contract described under paragraph (1) of this subsection only if: (1) the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (2) subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (3) the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (4) the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: (A) money appropriated for contract payments for that fiscal year; (B) any money realized from the personal property purchased or leased under the contract; and (C) any other money legally available for contract payment. (ii) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. (b) (1) (i) The County Commissioners of Charles County may: (1) transfer without public sale an interest in surplus county property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and (2) execute and acknowledge any instruments necessary to transfer the property. (ii) The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this paragraph. (2) Notwithstanding any other provision in this section, the county commissioners may transfer by public or private sale, any interest in surplus real property under terms determined by the county commissioners if the transfer of the property would contribute to economic development in the county. (c) (1) To establish affordable housing for families of limited income as defined in Sec. 4-901 of the Housing and Community Development Article or to address education, human services, housing, cultural, recreational, or community needs, the County Commissioners of Charles County may: (i) by resolution, transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Commission of Charles County, with or without consideration; or (ii) sell or, if the State does not have a financial interest in the property, donate surplus school property that is transferred to the county by the school board, to a government unit or a private nonprofit corporation. (2) Before transferring surplus property under this subsection, the county commissioners shall: (i) hold a public hearing; (ii) at the hearing, solicit and accept comments concerning the transfer; and (iii) at the hearing, consider issues related to the transfer that include: (1) compatibility of the proposed use with the neighborhood; (2) financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property; (3) the historical significance of the property; and (4) unique characteristics of any structure on the property. (3) The notice of the public hearing shall: (i) be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and (ii) include an appraisal of the property obtained by the county commissioners. (4) The county commissioners shall adopt regulations to implement this subsection. (d) (1) The County Commissioners of Charles County may: (i) acquire by purchase, lease, condemnation, gift, or devise real property, or any interest in property, to establish county roads; (ii) return real property to the original owner of the property or the owner's successor in interest when the property is no longer needed for road purposes; (iii) sell at a public or private sale any property established as a county road when the property is no longer needed for road purposes; and (iv) exchange real property established as a county road when the property is no longer needed for road purposes for other real property needed to establish county roads. (2) The county commissioners shall advertise the sale or exchange of property under this section at least 20 days before the date of the sale or exchange. (e) (1) If the County Commissioners of Charles County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property. (2) If the county commissioners reject all bids under this subsection, the county commissioners: (i) shall record the highest bid in the minutes; and (ii) may privately negotiate and sell the surplus property for a higher price if: (1) the settlement of the property sale is within 1 year from the day of the initial public sale; and (2) the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement. (3) The county commissioners shall adopt regulations to implement this subsection. #### Section 12-407 (a) (1) The governing body of Dorchester County may: (i) purchase or lease personal property under a multiyear contract that requires the governing body to make installment or rental payments during 2 or more fiscal years; (ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (iii) pledge and assign the personal property purchased or leased to secure the obligation. (2) (i) The governing body may enter into a contract under paragraph (1) of this subsection only if: (1) the governing body has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (2) subject to subparagraph (ii) of this paragraph, the contract authorizes the governing body to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (3) the contract provides that, except if the governing body defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (4) the contract provides that, if the governing body defaults in payment under the contract, the obligation for payment is limited to: (A) money appropriated for contract payments for that fiscal year; (B) any money realized from the personal property purchased or leased under the contract; and (C) any other money legally available for contract payment. (ii) The contract may provide that a contract termination is ineffective if the governing body purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. (b) (1) Except as provided in subsection (d) of this section, the governing body of Dorchester County may: (i) transfer without public sale any interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the governing body; and (ii) execute and acknowledge any instruments necessary to transfer the property. (2) The governing body may: (i) lease surplus real property to a nonprofit organization on terms and conditions as determined by the governing body; and (ii) execute and acknowledge any instruments necessary to lease the property. (c) The governing body of Dorchester County may: (1) transfer without public sale surplus county real property, or any reversionary interest in that property, to any volunteer fire company located in the county for use in providing fire, emergency, and supporting services or facilities, on terms and conditions and for consideration, if any, as determined by the governing body; and (2) execute and acknowledge any instruments necessary to transfer the property. (d) (1) When selling or leasing riparian rights adjacent to county real property located in the City of Cambridge, the governing body of Dorchester County shall: (i) solicit sealed bids or proposals by public advertisement in at least one newspaper of general circulation in the county; (ii) open the sealed bids or proposals in public; (iii) reject any unresponsive or unacceptable bid or proposal; and (iv) select the bidder or offeror who proposes terms most favorable to the county. (2) The governing body may take any action necessary to implement a competitive bidding process under this subsection. #### Section 12-408 (a) (1) Frederick County may: (i) purchase or lease personal property under a multiyear contract that requires the county to make installment or rental payments during 2 or more fiscal years; (ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (iii) pledge and assign the personal property purchased or leased to secure the obligation. (2) (i) The county may enter into a contract under paragraph (1) of this subsection only if: (1) the county has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (2) subject to subparagraph (ii) of this paragraph, the contract authorizes the county to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (3) the contract provides that, except if the county defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (4) the contract provides that, if the county defaults in payment under the contract, the obligation for payment is limited to: (A) money appropriated for contract payments for that fiscal year; (B) any money realized from the personal property purchased or leased under the contract; and (C) any other money legally available for contract payment. (ii) The contract may provide that a contract termination is ineffective if the county purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. (b) Frederick County may sell to a government unit located in the county or to the Frederick Memorial Hospital, Inc., surplus school board real property: (1) without advertising the property for sale; and (2) after obtaining three independent appraisals. (c) Frederick County may sell surplus county real property at a public or private sale if, subject to county procedures, the governing body of Frederick County holds a hearing on the sale and provides adequate notice of the hearing. (d) (1) Frederick County may: (i) accept a donation of real property that is not needed for a public purpose; and (ii) sell the property by public or private sale for consideration that the county determines to be adequate. (2) The county shall use all proceeds from the sale of real property under this subsection in accordance with the county budget or a resolution adopted by the governing body. (3) A sales agreement entered into under this subsection is not effective until: (i) a copy of the agreement is filed with the clerk of the court; and (ii) a summary of the agreement is published in at least one newspaper of general circulation in the county. (e) Frederick County may sell an abandoned right-of-way in the county by public or private sale, after advertising the property for sale for at least 20 days. #### Section 12-409 (a) (1) The County Commissioners of Garrett County may: (i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years; (ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and (iii) pledge and assign the personal property purchased or leased to secure the obligation. (2) (i) The county commissioners may enter into a contract under paragraph (1) of this subsection only if: (1) the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective; (2) subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated; (3) the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and (4) the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to: (A) money appropriated for contract payments for that fiscal year; (B) any money realized from the personal property purchased or leased under the contract; and (C) any other money legally available for contract payment. (ii) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time. (b) The County Commissioners of Garrett County may dispose of surplus county personal property by: (1) public auction; (2) public sale; (3) a trade-in for new or used equipment; (4) recycling; or (5) disposal in the Garrett County landfill. (c) (1) In Garrett County, if a public sale of surplus real property does not yield a bid for the property, the County Commissioners of Garrett County: (i) shall record in their minutes that no bids were made; (ii) may sell the surplus property by private sale for a reasonable price; and (iii) shall announce the sale agreement at the first meeting after making the agreement. (2) The county commissioners shall adopt regulations to implement this subsection. #### Section 12-410 (a) The County Commissioners of St. Mary's County may sell to a government unit located in the county surplus school board real property: (1) without advertising the property for sale; and (2) after obtaining three independent appraisals. (b) The County Commissioners of St. Mary's County may sell surplus county real property at a public or private sale if, subject to county procedures, the county commissioners hold a hearing on the sale and provide adequate notice of the hearing. (c) (1) By resolution, the County Commissioners of St. Mary's County may transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Authority of St. Mary's County with or without consideration, if the county commissioners: (i) hold a public hearing; (ii) at the hearing, solicit and accept comments concerning the transfer; and (iii) at the hearing, consider issues related to the transfer that include: (1) compatibility of the proposed use with the neighborhood; (2) financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property; (3) the historical significance of the property; and (4) unique characteristics of any structure on the property. (2) The notice of the public hearing shall: (i) be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and (ii) include an appraisal of the property obtained by the county commissioners. (3) The county commissioners shall adopt regulations to implement this subsection. #### Section 12-411 (a) (1) Notwithstanding any other provision of law, the County Commissioners of Somerset County may enter into a lease purchase agreement and related financing agreements to obtain property for a public purpose in the county. (2) The county commissioners shall solicit bids in at least two newspapers of general circulation in the county before entering into a lease purchase agreement. (3) If the county commissioners enter into a multiyear lease purchase agreement or related financing agreement, the agreement shall be subject to cancellation by the county commissioners at the end of a fiscal year if sufficient money is not appropriated to fund the agreement in the subsequent fiscal year. (b) (1) The County Commissioners of Somerset County may sell any interest in county surplus property by soliciting and accepting sealed bids. (2) The county commissioners shall publish an invitation for bids at least twice in a newspaper of general circulation in the county between 10 and 90 days, inclusive, before the date set for opening bids. (3) The county commissioners: (i) shall open the bids in public; and (ii) may act on the bids only during a public session of the county commissioners. (4) The county commissioners may reject all bids on the property if the county commissioners determine that the highest bid does not yield a reasonable price. (5) If the county commissioners reject all bids, the county commissioners: (i) shall record the highest bid in the minutes of the public session; and (ii) may sell the property: (1) by republishing an invitation for sealed bids; (2) by public auction; or (3) if the property is surplus school property, in accordance with subsection (c) of this section. (6) The county commissioners shall adopt an ordinance or resolution to govern the sale of property under this subsection. (c) The County Commissioners of Somerset County may sell to a government unit located in the county surplus school board real property: (1) without advertising the property for sale; and (2) after obtaining three independent appraisals. (d) (1) The provisions of this subtitle do not apply to a sale of property under this subsection. (2) The County Commissioners of Somerset County may sell the approximately 4.02 acres of property at county Tax Map 103, Grid 8, Parcel 1467 (known as Whittington Elementary School) to Shore Up Inc., under terms considered appropriate by the county commissioners. (3) The county commissioners may sell the following property to the City of Crisfield under terms considered appropriate by the county commissioners: (i) 7 North First Street, Tax Map 101, Grid 22, Parcel 757 (.073 acres); (ii) 320-322 Locust Street, Tax Map 101, Grid 21, Parcel 810 (.158 acres); (iii) 304 Tyler Street, Tax Map 102, Grid 11, Parcel 616 (.146 acres); and (iv) 15 West Main Street, Tax Map 103, Grid 1, Parcel 1373 (.386 acres). (4) The County Commissioners of Somerset County may sell the property on Revells Neck Road, county Tax Map 32, Parcel 149 under terms considered appropriate by the county commissioners. #### Section 12-412 (a) The County Commissioners of Washington County may acquire property or any interest in property by purchase, gift, or condemnation to acquire, construct, or maintain a railroad line, if the county commissioners: (1) determine, by resolution, that the railroad line will help preserve and attract industry and promote economic growth in the county; and (2) solicit bids and hold a public hearing in the same manner as required for other public property in the county. (b) (1) If the State builds or acquires a railroad line in Washington County, the County Commissioners of Washington County may contribute a reasonable amount toward the cost of the railroad line from the general funds of the county. (2) Before the county commissioners spend money under this subsection, the county commissioners shall comply with the requirements for acquisition of property for a railroad under subsection (a) of this section. ### Subtitle 5. Public Roads #### Section 12-501 In this part, "road" includes a street, an avenue, an alley, a lane, or any other public way. #### Section 12-502 The provisions in this subtitle that relate to public roads apply to roads in unincorporated towns and villages. #### Section 12-503 (a) This section applies to all counties, except Baltimore City. (b) The governing body of a county has control over county roads. (c) The governing body of a county may appoint: (1) road supervisors; and (2) civil engineers to oversee the grading, construction, and repair of county roads. (d) A civil engineer appointed in accordance with subsection (c) of this section shall: (1) hold office for a term, with a salary, under a bond, and subject to regulations of the governing body calculated to secure competent officers and a faithful discharge of duty; and (2) direct and manage the grading, construction, and repair of county roads. #### Section 12-504 (a) This section applies to all counties, except Baltimore City. (b) This section does not apply to a public road in a municipality. (c) The governing body of a county: (1) may open, alter, or close a county road; (2) has control over and may adopt rules and regulations for work on county roads; and (3) may pay the cost of work on county roads. (d) (1) The governing body of a county may regulate, by resolution: (i) vehicle parking on county roads; and (ii) the construction, maintenance, repair, and cleaning of sidewalks. (2) A county shall provide for public notice of the regulations on vehicle parking. (e) (1) Except as provided in paragraph (2) of this subsection, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. (2) In Calvert County, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. #### Section 12-505 (a) This section applies to all counties except Baltimore City. (b) After adopting a resolution stating that a county responsibility or purpose will be served, a governing body of a county may pay, from any highway funds under its control, for a highway project in a municipality. #### Section 12-506 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Charles County; (6) Howard County; (7) Prince George's County; (8) Queen Anne's County; and (9) Worcester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may: (1) provide for building, maintaining, or repairing any road or sidewalk condemned, ceded, opened, widened, extended, or straightened as public property; (2) pay for the cost to build, maintain, or repair a road or sidewalk by imposing a tax on the assessable base of the county or from the county's share of the State motor fuel tax; (3) establish the office of county roads engineer; and (4) establish the powers and duties of the county roads engineer. (d) The County Commissioners of Somerset County may maintain, repair, or reconstruct any private road that has been used by the public for at least 20 years. #### Section 12-507 (a) This section applies to all counties. (b) (1) The governing body of a county shall erect and maintain a sign at each intersection of a county road with a State road or state-aid road that shall: (i) contain, in letters at least 3 inches in height, the name of the principal place or places to which the county road leads and the distance to the place or places from the intersection of the county road and the State road or state-aid road; and (ii) be securely fastened on a substantial post firmly placed in the ground. (2) In a county where the jurisdiction over the county roads is vested by law in a board or other official, the duties of this section shall be the duties of the board or other official. (c) A person who defaces, damages, or destroys a sign erected or maintained under this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 10 days and not exceeding 30 days or a fine for each offense not exceeding $50 or both. #### Section 12-508 (a) This section applies to all counties, except Baltimore City. (b) This section does not apply to fire hydrants in a municipality. (c) The governing body of a county may, by resolution, regulate the location and construction of fire hydrants. (d) (1) Except as provided in paragraph (2) of this subsection, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. (2) In Calvert County, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. #### Section 12-511 This part applies to all counties, except Baltimore City and Queen Anne's County. #### Section 12-512 (a) A resident of the county may request, by petition, that the governing body of a county open, alter, or close a road. (b) A resident who intends to submit a petition under this section shall give at least 30 days' notice by publication once a week for 3 successive weeks in at least one newspaper of general circulation in the county. (c) (1) In response to a petition filed under this section, a resident may submit a counter petition to the governing body of the county. (2) The governing body shall consider the counter petition, and any other testimony presented, when deciding whether to approve the petition to open, alter, or close a road. (d) The governing body of a county may open, alter, or close any county road under this subtitle on its own initiative if: (1) at least 30 days' notice is given by publication once a week for 3 successive weeks in a newspaper of general circulation in the county; and (2) a hearing is held to consider any objection or counter petition. #### Section 12-513 (a) The governing body of a county may contract with a property owner for a right-of-way over land that is necessary for: (1) the opening or altering of a road; (2) a public wharf; (3) drains for county roads; or (4) other public uses. (b) When the governing body of a county contracts for a right-of-way for a road under subsection (a) of this section, the governing body shall: (1) have a licensed surveyor make a plat of the road; (2) record the plat in the office of the clerk of the circuit court for the county in which the deed conveying the property is required to be recorded; and (3) incorporate the plat into the deed conveying the property. #### Section 12-514 (a) If the governing body of a county decides to open, alter, or close a road, the governing body may appoint three examiners to view the property through which the road is intended to run. (b) (1) An examiner: (i) shall own real property in the county; but (ii) may not have an interest in any property through which the road is proposed to be opened, altered, or closed. (2) (i) An examiner shall take an oath to faithfully and impartially execute the commission of examiner. (ii) The oath shall be endorsed on the commission, which shall be returned to the examiner. (c) The appointment of examiners does not preclude the governing body of the county from contracting with a property owner as provided in Sec. 12-513 of this subtitle. (d) (1) The examiners shall give 30 days' notice of their intent to examine the property by publication once a week for 3 successive weeks in a newspaper of general circulation in the county. (2) After expiration of the 30 days' period, at least two of the examiners shall examine the property and determine whether the public convenience requires that the road be opened, altered, or closed. (e) If a petition is submitted to open or alter a road, the examiners shall locate the road so that the public convenience is best promoted. (f) The examiners shall submit to the governing body of the county: (1) a plat showing: (i) the proposed new or altered road; and (ii) for a petition to alter or close a road, the old road; and (2) a report detailing: (i) the examiners' proceedings; (ii) the findings of the examiners regarding the proposal to open, alter, or close a road; (iii) if the examiners recommend not opening, altering, or closing the road, the reasons for the recommendation; and (iv) a determination of the cost of any damages under Sec. 12-515 of this subtitle. (g) (1) Each examiner is entitled to compensation not to exceed $2 per day, as determined by the governing body of the county, for the examiner's services. (2) The governing body shall determine whether the compensation of the examiners and all costs arising from the survey, attendance of witnesses, or other expenses shall be: (i) paid by the petitioner; (ii) paid by the county; or (iii) apportioned between the petitioner and the county. #### Section 12-515 (a) Taking into account the advantages and disadvantages of opening or altering a road, at least two of the examiners shall determine the cost of damages that may be sustained by a person through whose property an opened or altered road may pass. (b) The governing body of the county may ratify, reject, or alter the determination of the cost of damages under subsection (a) of this section. (c) (1) The governing body of the county shall determine whether the damages shall be: (i) paid by the petitioner; (ii) paid by the county; or (iii) apportioned between the petitioner and the county. (2) Before the road may be opened, any damages owed shall be paid to the respective property owner, or to the respective property owner's guardian, agent, or attorney. (3) If a property owner dies after the examiners have determined the cost of damages, the damages shall be paid to the property owner's personal representative. (d) (1) Subject to a determination under subsection (c)(1) of this section, signing a petition for opening, altering, or closing of a road does not make the petitioner liable for the payment of any part of the damages determined by the governing body of the county. (2) The governing body may hold a petitioner liable for the costs incurred by a person defending against the petition if the case is decided in favor of the person defending against the petition. (3) If the governing body does not order the opening, altering, or closing of a road as requested in a petition, the petitioner shall be liable for all costs incurred by any person as a result of any proceeding relating to the petition under this subtitle. #### Section 12-516 At the first meeting of the governing body of a county following the meeting at which the examiners submit their report on the proposed opening, altering, or closing of a road, if no objection is made on the report, the governing body may: (1) affirm, reject, or amend a finding or determination of the examiners; or (2) continue the proceeding over to the next meeting of the governing body and to successive meetings. #### Section 12-517 If a county road cannot be conveniently drained by drains along the road, to make drains on the property outside the road, the governing body of a county may: (1) contract for a right-of-way on the property as authorized under Sec. 12-513 of this subtitle; or (2) acquire the necessary property through condemnation under Title 12 of the Real Property Article. #### Section 12-518 (a) This section applies only to: (1) Allegany County; (2) Garrett County; and (3) Washington County. (b) For the purpose of building a new road, improving or widening an existing road, or draining a road, the county commissioners may acquire the necessary property through condemnation under Title 12 of the Real Property Article. #### Section 12-519 (a) This section does not apply to: (1) Allegany County; (2) Baltimore County; (3) Montgomery County; (4) Washington County; or (5) Wicomico County. (b) A road may not be opened or altered to pass through the buildings, gardens, yards, or burial grounds of any person without the written consent of the owner of the property. #### Section 12-520 (a) (1) Except as provided in subsections (b) and (c) of this section, a road opened under this subtitle shall be at least 30 feet wide. (2) A road opened under this subtitle is a public road. (b) If the County Commissioners of Somerset County determine that the difficulty or cost of building a road to the width of 30 feet is excessive, the county may build portions of roads that are less than 30 feet wide in: (1) the Smith's Island district; and (2) the Fairmount district on the road leading from the main county highway to the village of Rumbley. (c) (1) The governing body of Anne Arundel County may take over and maintain as a public road any alley or road in the county that is at least 20 feet wide if the road or alley was open or dedicated for use as a road or alley before June 1, 1943. (2) (i) Subject to subparagraph (ii) of this paragraph, the governing body may take over and maintain as a public road any alley in the county that is at least 10 feet wide and is in a subdivision platted before July 1, 1953. (ii) If an alley described in subparagraph (i) of this paragraph does not satisfy the standards and requirements of the State Highway Administration for the purpose of receiving a share of highway user revenues, the expense of taking over and maintaining the alley shall be paid by a special tax imposed on the property owners in the affected subdivision. #### Section 12-521 If the governing body of a county decides to open or alter a road, the governing body shall: (1) at the usual time for imposing taxes, impose a tax on the assessable property of the county in an amount sufficient to open or alter the road and pay any damages awarded and owed by the county; and (2) open or alter the road as soon as it can be done conveniently. #### Section 12-522 If any road in Frederick County has not been maintained for a period of 20 years before July 1, 1973, it shall be conclusively presumed that the road was closed in accordance with this subtitle. #### Section 12-523 The County Commissioners of Allegany County may open or close, or both, any alleys or streets in the county where the purpose of opening the alleys or streets is to give the county commissioners jurisdiction to close the alleys or streets at some later time. #### Section 12-526 In this part, "road" includes a street, an avenue, an alley, a lane, or any other public way. #### Section 12-527 (a) This section applies only to: (1) Allegany County; (2) Baltimore County; (3) Calvert County; (4) Carroll County; (5) Cecil County; (6) Frederick County; (7) Garrett County; (8) Harford County; (9) Howard County; (10) Montgomery County; (11) Prince George's County; (12) St. Mary's County; and (13) Washington County. (b) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may adopt and enforce rules and regulations relating to the maximum size and weight of motor vehicles that may be operated on county roads. (2) The governing body of a county may not set the maximum weight under paragraph (1) of this subsection at a weight greater than the maximum allowed by the public general laws of the State. (3) Rules and regulations adopted under this subsection shall: (i) have a reasonable relationship to the construction, use, and character of the road; and (ii) be designed to assure the continued safety and good condition of the road. (c) A person who violates a rule or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000. #### Section 12-528 (a) This section applies only to: (1) Somerset County; (2) Wicomico County; and (3) Worcester County. (b) (1) Subject to subsection (c) of this section, the governing body of a county may contract with the owner of a private road in the county for the county to take over and maintain the private road if the owner pays an annual maintenance charge to the county to cover the maintenance expenses of the county for the private road. (2) The governing body may provide that the maintenance charge imposed under this section is a lien on the property affected and shall be collected in the same manner as county real property taxes. (c) The County Council of Wicomico County may not enter into a contract in accordance with this section unless the contract concerns a private road on which there are at least three dwelling houses. #### Section 12-529 (a) (1) The County Commissioners of Calvert County may establish road construction districts by ordinance. (2) Two-thirds of the property owners along a road route may request the creation of a road construction district and a road project by presenting a written petition to the county commissioners. (b) (1) Before establishing a road construction district, the County Commissioners of Calvert County shall: (i) hold a public hearing on the proposed district; (ii) send notice of the time and place of the hearing to each property owner in the proposed district by mail to the address shown on the assessment records; and (iii) publish notice of the time and place of the hearing in two newspapers of general circulation in the county for 2 successive weeks. (2) At the hearing, the county commissioners shall: (i) determine the scope of the road project; and (ii) advise the property owners of the approximate cost and estimated individual benefit charges. (3) The county commissioners shall: (i) determine the feasibility of taking the road into the county roads system and undertaking the road project; (ii) determine whether on completion of the project the road can be taken into the county roads system in accordance with subsection (g) of this section; and (iii) determine whether to proceed with plans and specifications for the project. (4) (i) If the county commissioners decide to proceed with the project, the county commissioners shall set a date for a final hearing. (ii) The date for the final hearing may be changed only if notice is given in accordance with this subsection. (5) At the final hearing, if the county commissioners establish the district, the county commissioners shall: (i) set the boundaries of the district; and (ii) provide for the project scope, cost estimate, and estimated individual benefit charges. (c) (1) The estimated benefit charges on each lot or parcel of land in the road construction district shall be based on the benefits accruing to the lot or parcel of land. (2) The County Commissioners of Calvert County shall determine: (i) when the property owners shall pay back the costs to the county; (ii) whether interest will be charged; and (iii) the rate of interest charged, if any. (d) If the County Commissioners of Calvert County determine to proceed with the road project, they shall advertise for bids and award the contract to the lowest responsible bidder. (e) (1) On completion of a road project, the County Commissioners of Calvert County shall impose a benefit charge on all real property in the district. (2) The benefit charge shall be sufficient to meet the costs of the project, including: (i) interest paid if a debt is created by the county commissioners; and (ii) administrative costs, including notices to property owners and advertisements. (3) The benefit charge is a lien on the real property against which it is assessed and shall be paid annually in the same manner as county real property taxes and for the period of time established by the county commissioners. (f) (1) The County Commissioners of Calvert County may purchase land for use in connection with the road construction district. (2) The minimum right-of-way that may be purchased in accordance with this section is 30 feet. (g) When completed to county specifications, the County Commissioners of Calvert County shall place the road in the county roads system. #### Section 12-530 (a) This section does not apply to a privately owned road in Calvert County that was constructed on or before September 30, 2011. (b) By ordinance, the County Commissioners of Calvert County may: (1) regulate the grading, constructing, improving, maintaining, and repairing of county roads and new roads intended for future public use, including roads proposed for any subdivision approved by the Calvert County Planning Commission, whether recorded or proposed, including sidewalks, curbs, gutters, driveway entrances, storm drainage facilities, and appurtenances to be located in the subdivision; (2) establish standards for utility cuts in and across county rights-of-way; (3) regulate access to county-owned roads; (4) establish minimum standards to which a new road in a subdivision in Calvert County must be constructed before the issuance of a building permit for a lot served by the road; (5) regulate the engineering and constructing of any new public road, bridge, sidewalk, curb, gutter, and storm drainage facility proposed for acceptance into the county roads system; (6) regulate the acceptance of any new public road, bridge, sidewalk, curb, gutter, and storm drainage facility into the county roads system; (7) establish fees to defray the cost of reviewing plans and performing inspections for the construction of roads and for utility cuts in accordance with an ordinance enacted under this section; and (8) provide for a civil penalty for violation of an ordinance enacted under this section. (c) A violation of an ordinance enacted under this section shall be enforced in the same manner and to the same extent as provided for municipal infractions under Sec.Sec. 6-108 through 6-115 of this article. (d) In addition to any remedies provided for under an ordinance enacted under this section, the County Commissioners of Calvert County may seek other remedies provided by law. #### Section 12-531 (a) The County Commissioners of Carroll County may regulate any county road that is not in a municipality and that has not been designated or maintained as a part of the State or federal highway system relating to: (1) vehicle weight; (2) vehicle parking; (3) vehicle abandonment; (4) building or maintenance by a private or public utility necessary for the performance of the utility's purpose; (5) construction and maintenance of driveway connections where connections are provided; and (6) vehicle speed, but only if the speed regulation has been recommended by the Department of State Police. (b) To indicate and carry out rules and regulations adopted under subsection (a)(1), (2), and (6) of this section, the County Commissioners of Carroll County shall provide appropriate traffic control devices that conform to State specifications. (c) For a new road or drainage system, the County Commissioners of Carroll County may adopt rules and regulations relating to: (1) engineering; (2) construction; and (3) acceptance of the road or drainage system into the county roads system for maintenance by the county. (d) (1) By local law, the County Commissioners of Carroll County may establish that a person who violates a rule or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25, exclusive of costs. (2) A penalty provision of another public general law prevails over a fine authorized under this subsection. #### Section 12-532 (a) Except as provided in subsection (c) of this section, Cecil County shall obtain the following by competitively bid contract awarded to the lowest responsive and responsible bidder: (1) the building or repair of a road; and (2) the purchase or lease of road or construction equipment or machinery. (b) (1) The governing body of Cecil County shall advertise for bids on a contract under subsection (a) of this section in at least one newspaper of general circulation in the county. (2) The advertisement shall: (i) appear at least once; (ii) appear at least 1 week, but not more than 30 days, before the final date for submitting bids; (iii) if the contract relates to building or repairing a road, set forth the place where the road is to be built or repaired; (iv) include a description of the goods or services required under the contract; (v) state that sealed bids for goods or services will be received until the date designated in the advertisement; and (vi) designate a date for the opening of the bids. (c) (1) Subsections (a) and (b) of this section do not apply to an expenditure that: (i) is $10,000 or less; or (ii) the governing body of Cecil County by a recorded majority vote taken at a public meeting declares to be an emergency expenditure. (2) For an expenditure under this subsection, the governing body may determine: (i) the manner of providing for the expenditure; and (ii) if the building or repair is by contract, the manner in which the contract is awarded. (d) (1) A contract entered into in violation of subsection (a) or (b) of this section is void, unless: (i) a court determines in a judicial action that all parties acted in good faith; and (ii) the parties have substantially complied with the provisions of subsections (a) and (b) of this section. (2) If a contract is void under this subsection, the governing body of Cecil County shall compensate the contractor for costs actually incurred if the contractor: (i) acted in good faith; (ii) did not directly contribute to the violation; and (iii) did not know of the violation. (e) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. #### Section 12-533 To the extent not provided for in Title 8 of the Transportation Article, the powers of the County Commissioners of Charles County relating to the building and maintenance of county roads are governed by Sec.Sec. 104-1 through 104-8 of the Public Local Laws of Charles County. #### Section 12-534 (a) (1) The County Commissioners of Charles County shall designate county roads that are not accessible for through traffic by motor vehicles that are over 26,000 pounds. (2) The designation of county roads shall: (i) have a reasonable relationship to the construction, use, and character of the roads; and (ii) be designed to assure the continued safety and good condition of the roads. (b) The County Commissioners of Charles County shall provide for the installation of traffic control devices that give notice of the restricted access to the designated roads on or at the entrances to the roads. (c) A person who violates an ordinance or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both. #### Section 12-535 In accordance with Sec. 21-1119 of the Transportation Article, the County Commissioners of Garrett County and the County Commissioners of St. Mary's County may: (1) designate a county road to be an "emergency snow route"; (2) regulate travel on an emergency snow route; (3) provide for a method of declaring a snow emergency; (4) prohibit the parking or abandoning of a vehicle on an emergency snow route during a snow emergency; and (5) authorize the removal of a vehicle parked or abandoned on an emergency snow route during a snow emergency. #### Section 12-536 (a) The County Commissioners of Garrett County may enact an ordinance to regulate the height, size, location, and setback of an advertising sign adjacent to a State or county road in Garrett County. (b) An ordinance enacted under this section may not be less stringent than any applicable State or federal law. #### Section 12-537 (a) In this section, "visible from the traveled way" means capable of being seen, whether or not legible, without visual aid by an individual with normal visual acuity. (b) This section does not apply to: (1) outdoor advertising signs promoting a business or other activity conducted on the same property as the sign; (2) outdoor advertising signs located under the authority of zoning permits in commercial or industrial zones; (3) outdoor advertising signs authorized in districts zoned commercial and industrial by a municipality within the boundaries of the municipality; (4) temporary real estate signs; (5) official directional signs installed by the State Highway Administration or Harford County; (6) signs denoting places of religious worship or a historic monument, provided that the signs are located in accordance with the rules and regulations of the State Highway Administration; and (7) outdoor advertising signs erected before June 1, 1972. (c) In Harford County, a person may not lease, rent, use, or permit the use of property for the purpose of erecting an outdoor advertising sign adjacent to a State or county highway if the sign is visible from the traveled way of the highway. (d) This section may not be construed to permit the erection of an outdoor advertising sign in Harford County that is otherwise prohibited by State or local law or by local zoning ordinance. (e) (1) The State Highway Administration or Harford County may acquire by purchase, gift, or condemnation outdoor advertising signs that are visible from the traveled way of State or county highways if the outdoor advertising signs were erected before June 1, 1972. (2) (i) The State Highway Administration or Harford County shall pay just compensation for the removal of an outdoor advertising sign under this section. (ii) Compensation may not be paid for any outdoor advertising signs erected after June 1, 1972. (iii) Compensation may be paid only for the following: (1) taking from the owner of the sign all right, title, leasehold, and interest in the sign; and (2) taking from the owner of the property on which the sign is located the right to erect and maintain the sign on the property. #### Section 12-538 (a) The County Commissioners of St. Mary's County may regulate for any public road, sidewalk, curb, gutter, or storm drainage facility in the county that is not in a municipality and that has not been designated or maintained as a part of the State or federal highway system relating to: (1) vehicle weight; (2) vehicle parking; (3) vehicle abandonment; (4) building or maintenance by a private or public utility necessary for the performance of the utility's purpose; (5) building or maintenance of driveway connections where connections are provided; and (6) vehicle speed. (b) (1) This subsection applies to roads proposed for subdivisions, including sidewalks, curbs and gutters, driveway entrances, and storm drainage facilities and appurtenances to be located in the subdivision. (2) The County Commissioners of St. Mary's County shall enact, by ordinance, rules and regulations that govern the grading, building, improving, maintaining, and repairing of roads, used or intended for use by the public. (c) If required by an ordinance enacted under subsection (a) of this section, the County Commissioners of St. Mary's County shall provide appropriate traffic control devices. (d) For a new road, sidewalk, curb, gutter, or storm drainage facility, the County Commissioners of St. Mary's County may regulate relating to: (1) engineering; (2) construction; and (3) acceptance of the road, sidewalk, curb, gutter, or storm drainage facility into the county roads system. #### Section 12-539 The County Council of Talbot County may maintain, repair, and reconstruct any private dirt or gravel road that was being maintained when the county roads ordinance was adopted in November 1975. ### Subtitle 6. Bridges and Canals #### Section 12-601 (a) This section applies to all counties, except Baltimore City. (b) The governing body of a county has control over county bridges. (c) The governing body of a county may appoint civil engineers to oversee the construction and repair of county bridges. (d) A civil engineer appointed in accordance with subsection (c) of this section shall: (1) hold office for a term, with a salary, under a bond, and subject to regulations of the governing body of the county calculated to secure competent officers and a faithful discharge of duty; and (2) direct and manage the construction and repair of county bridges. #### Section 12-602 (a) This section applies to all counties, except Baltimore City. (b) This subtitle does not authorize the governing body of a county to build a bridge across a navigable river. #### Section 12-603 (a) This section applies to all counties, except Baltimore City. (b) The governing body of a county: (1) may build and repair bridges; and (2) shall impose a tax on the assessable property in the county necessary to pay for the building and repair of bridges, including embankments and abutments. #### Section 12-606 This part applies to all counties, except Baltimore City. #### Section 12-607 (a) A person may request, by petition, that the governing body of a county build or repair a bridge. (b) A person who intends to submit a petition under this section shall give at least 30 days' notice by publication once a week for 3 successive weeks in at least one newspaper of general circulation in the county. (c) After hearing the reasons for and against a petition, the governing body of a county shall decide whether to approve the petition based on what will best promote the public convenience. #### Section 12-608 (a) This section does not apply to Cecil County. (b) (1) Except as provided in paragraph (3) of this subsection, if the cost of building or repairing a bridge under this part is more than $200, the governing body of a county shall: (i) build or repair the bridge by contract; and (ii) advertise a contract to build or repair the bridge in at least one newspaper of general circulation in the county. (2) The advertisement required under this subsection shall specify: (i) the location where the bridge is to be built or repaired, including full specifications of the plan and materials; and (ii) that sealed proposals for building or repairing the bridge will be received until the date designated in the advertisement. (3) Notwithstanding any other provision in this article, the governing body of Dorchester County shall either: (i) authorize the appropriate unit of the county to build or repair a bridge; or (ii) award the necessary and appropriate contracts for all aspects of the building or repairing of the bridge in accordance with paragraphs (1) and (2) of this subsection, regardless of the cost of building or repairing the bridge. (c) If the cost of building or repairing a bridge is $200 or less, the governing body of a county may determine: (1) the manner of building or repairing the bridge; and (2) if the building or repair is by contract, the manner in which a contract is awarded. #### Section 12-609 (a) (1) On the date designated in the advertisement for the contract to build or repair a bridge under this part, the governing body of a county shall open the bids. (2) The governing body shall award the contract to the lowest bidder that the governing body determines is qualified to build or repair the bridge. (3) The person awarded the contract shall provide the governing body a bond issued by an approved surety, in double the amount of the contract, conditioned on performance of the contract. (b) (1) After notification by the contractor that the work is finished, the governing body of a county shall: (i) inspect the work; and (ii) if the governing body determines that the bridge is built or repaired in accordance with the specifications of the contract, the governing body shall take control of the bridge and open the bridge for public travel. (2) After the bridge is open for public travel, the contractor is entitled to receive the last installment due on the contract. #### Section 12-610 (a) (1) A resident of a county may submit a written petition to the governing body of a county requesting that a bridge connecting that county to an adjoining county be built or repaired. (2) If the governing body determines the request for bridge building or repair is reasonable, the governing body shall request in writing the concurrence of the governing body of the adjoining county. (3) If the governing body of the adjoining county concurs, the governing body of each county shall: (i) appoint three independent examiners; and (ii) notify the governing body of the other county of the appointment. (b) (1) The examiners appointed under subsection (a) of this section shall meet promptly to determine: (i) the advisability of building or repairing the bridge; (ii) the location of the building or repair; (iii) the building or repair plan; (iv) the materials required for the building or repair; (v) the estimated cost of the building or repair; and (vi) the portion of the cost of building or repair to be paid by each of the adjoining counties. (2) The examiners shall report the findings and recommendations made under paragraph (1) of this subsection to their respective governing body. #### Section 12-611 (a) If the governing bodies of the adjoining counties approve the findings and recommendations of the examiners under Sec. 12-610 of this subtitle to build or repair a bridge, the governing bodies shall direct the examiners to advertise for sealed bids on a contract to build or repair the bridge. (b) (1) The advertisement shall specify: (i) the location of the building or repair of the bridge; (ii) the building or repair plan; (iii) the materials and workmanship required for the building or repair; and (iv) the time and place for the opening of the bids. (2) The information stated in the advertisement shall include sufficient detail to obtain adequate bids. #### Section 12-612 (a) The examiners shall: (1) open the bids at the time and place specified in the advertisement required under Sec. 12-611 of this subtitle; and (2) award the contract for bridge building or repair to the lowest bidder that meets the requirements of the notice. (b) The person awarded the contract under subsection (a) of this section shall provide the governing bodies of the counties a bond issued by an approved surety, in double the amount of the contract, conditioned on performance of the contract. (c) At any time during the performance of the bridge construction or repair, the examiners may inspect and direct the progress of the work. (d) (1) On completion of the bridge construction or repair, the examiners shall: (i) take control of the bridge and open the bridge for public travel; and (ii) notify the governing bodies of the adjoining counties of the completion. (2) On notification that the bridge building or repair is complete, the governing bodies of the adjoining counties shall pay their respective portions of the cost of the work according to the contract. (e) (1) If the examiners cannot agree on the portion of the cost of building or repairing the bridge each of the adjoining counties should pay, each group of examiners from each of the adjoining counties shall appoint an arbitrator to determine the amounts. (2) (i) If the arbitrators cannot agree on the portion of the cost of building or repairing the bridge each of the adjoining counties should pay, the arbitrators shall appoint an umpire to decide the portion of the cost each county must pay. (ii) The umpire may not reside in either of the adjoining counties. (3) The decision of the arbitrators or the umpire is final and binding on the adjoining counties. #### Section 12-613 (a) (1) A resident of a county in which the governing body has decided to build or repair a bridge, including a bridge between the county and an adjoining county, may seek review of the decision in the circuit court if the resident: (i) files before a contract for the building or repairing is awarded; and (ii) alleges that the decision is inexpedient. (2) The governing body of the county shall give the resident or the resident's counsel full opportunity to examine the books and papers of the county relating to the decision to build or repair the bridge. (3) The circuit court shall hear and decide the case according to justice and right with or without a jury as agreed to by the parties or ordered by the court. (b) (1) Except as provided in paragraph (2) of this subsection, the court shall allocate costs in a manner that the court determines just and equitable. (2) If the court sustains the decision of the governing body of the county, the resident shall pay the costs. (3) The governing body of the county shall pay any costs ordered by the court and all incidental expenses. #### Section 12-616 (a) The County Commissioners of Carroll County may regulate the public bridges in the county that are not in a municipality and that have not been designated or maintained as a part of the State or federal highway system relating to: (1) vehicle weight; (2) vehicle parking; (3) vehicle abandonment; (4) building or maintenance by a private or public utility necessary for the performance of the utility's purpose; and (5) vehicle speed, but only if the speed regulation has been recommended by the Department of State Police. (b) To indicate and carry out rules and regulations adopted under subsection (a)(1), (2), and (5) of this section, the County Commissioners of Carroll County shall provide appropriate traffic control devices that conform to State specifications. (c) For a new bridge, the County Commissioners of Carroll County may adopt rules and regulations relating to: (1) engineering; (2) construction; and (3) acceptance of the bridge into the county road system for maintenance by the county. (d) (1) By local law, the County Commissioners of Carroll County may establish that a person who violates a rule or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25, exclusive of costs. (2) A penalty provision of another public general law prevails over a fine authorized under this subsection. #### Section 12-617 (a) Except as provided in subsection (c) of this section, Cecil County shall obtain the following by a competitively bid contract awarded to the lowest responsive and responsible bidder: (1) the building or repair of a bridge; and (2) the purchase or lease of bridge construction equipment or machinery. (b) (1) The governing body of Cecil County shall advertise for bids on a contract under subsection (a) of this section in at least one newspaper of general circulation in the county. (2) The advertisement shall: (i) appear at least once; (ii) appear at least 1 week, but not more than 30 days, before the final date for submitting bids; (iii) if the contract relates to building or repair of a bridge, specify the location where the bridge is to be built or repaired; (iv) include a description of the goods or services required under the contract; (v) state that sealed bids for goods or services will be received until the date designated in the advertisement; and (vi) designate a date for the opening of the bids. (c) (1) Subsections (a) and (b) of this section do not apply to an expenditure that: (i) is $10,000 or less; or (ii) the governing body of Cecil County by a recorded majority vote taken at a public meeting declares to be an emergency expenditure. (2) For an expenditure under this subsection, the governing body may determine: (i) the manner of providing for the expenditure; and (ii) if the building or repair is by contract, the manner in which the contract is awarded. (d) (1) A contract entered into in violation of subsection (a) or (b) of this section is void, unless: (i) a court determines in a judicial action that all parties acted in good faith; and (ii) the parties have substantially complied with the provisions of subsections (a) and (b) of this section. (2) If a contract is void under this subsection, the governing body of Cecil County shall compensate the contractor for costs actually incurred if the contractor: (i) acted in good faith; (ii) did not directly contribute to the violation; and (iii) did not know of the violation. (e) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. #### Section 12-618 (a) The County Commissioners of St. Mary's County may regulate bridges in the county that are not in a municipality and that have not been designated or maintained as a part of the State or federal highway system relating to: (1) vehicle weight; (2) vehicle parking; (3) vehicle abandonment; (4) building or maintenance by a private or public utility relating to the performance of the utility's purpose; (5) the building or maintenance of driveway connections where connections are provided; and (6) vehicle speed. (b) If required by an ordinance enacted under subsection (a) of this section, the County Commissioners of St. Mary's County shall provide appropriate traffic control devices. (c) For a new bridge, the County Commissioners of St. Mary's County may regulate relating to: (1) engineering; (2) construction; and (3) acceptance of the bridge into the county road system. #### Section 12-621 (a) This section applies to all counties. (b) (1) A corporation may build a bridge over a river, creek, or stream in the State or dig, build, or maintain a canal only if the governing bodies of all counties in the State in which the bridge or canal is to be built have authorized the corporation to build the bridge or canal. (2) A resolution of the governing body of a county authorizing the building of a bridge or canal shall be recorded: (i) in the record of proceedings of the governing body; and (ii) in the records of the corporation. (c) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a corporation may enter into an agreement with an owner of any interest in property to obtain: (i) land necessary for: (1) a bridge abutment; (2) digging, building, and maintaining a canal; or (3) a road or highway to approach a bridge or canal; or (ii) earth or stone for building of: (1) a bridge or canal; (2) a road or highway that approaches a bridge or canal; or (3) a terminal, dock, or wharf. (2) A person shall convey an interest in property to a corporation under paragraph (1) of this subsection by deed properly executed and recorded. (3) A corporation may obtain property under paragraph (1) of this subsection by condemnation under the provisions of Title 12 of the Real Property Article if: (i) the corporation and the property owner fail to agree on the conveyance of the property; (ii) the property owner lacks capacity to contract to convey the property; or (iii) the property owner is absent from the State. (d) (1) On completion of the building of a bridge or canal, the corporation shall report the completion to the governing body of the county: (i) in writing; and (ii) under the oath or affirmation of the corporation's president or vice president. (2) (i) After notification by the corporation, the governing body shall appoint three persons to examine the bridge or canal. (ii) The persons shall report to the governing body on whether the bridge has been built in a substantial and durable manner that will promote public convenience. (iii) The governing body shall review the report and shall ratify or reject the report. (iv) The governing body may also appoint other persons to report on whether the bridge has been built in a substantial and durable manner that will promote public convenience. ### Subtitle 7. Federally Assisted Watershed Projects #### Section 12-701 (a) In this section, "Act" means the federal Watershed Protection and Flood Prevention Act. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may: (1) carry out, construct, operate, and maintain any works of improvement in watershed or subwatershed areas qualifying for federal assistance under the Act for: (i) flood prevention; or (ii) the conservation, development, use, and disposal of water; (2) satisfy the conditions for federal assistance required under the Act; (3) accept federal grants and technical assistance in accordance with the Act; (4) (i) borrow federal money in accordance with the Act for works of improvement identified under item (1) of this subsection; and (ii) notwithstanding any public general law or public local law, evidence the borrowing by issuing instruments that are acceptable to the United States or any of its agencies; and (5) borrow money from private lending institutions and evidence the borrowing by issuing instruments in accordance with Title 19, Subtitle 2 of this article, the county charter, or local laws. ### Subtitle 8. Public Safety #### Section 12-801 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; (7) Queen Anne's County; and (8) Worcester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may determine the allowance provided to the county sheriff or other person for housing incarcerated individuals confined in the local correctional facility. #### Section 12-802 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Charles County; (6) Howard County; (7) Prince George's County; (8) Queen Anne's County; (9) Wicomico County; and (10) Worcester County. (b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. (c) The governing body of a county may: (1) provide for the appointment of the county police; (2) establish the duties of the county police; (3) set the compensation of the county police; and (4) appoint a special commission or commissioner to be in charge of the county police. #### Section 12-803 The County Commissioners of Caroline County may provide money to the State's Attorney for Caroline County for special investigations or cases. #### Section 12-804 (a) Notwithstanding Title 11, Subtitle 2 of the Land Use Article and any other provision of law, the County Commissioners of St. Mary's County may provide that: (1) a violation of an ordinance is punishable as a misdemeanor and enforced in the same manner and to the same extent as a violation under Sec. 6-101 of this article; and (2) a violation of an ordinance is a civil infraction and shall be prosecuted in the same manner and to the same extent as provided for a municipal infraction under Title 6 of this article. (b) Every day that a violation continues is a separate civil infraction. (c) In addition to other remedies provided by this section, the county may bring an action for an injunction against a person who violates an ordinance, a rule, or a regulation to require the correction or elimination of a violation. #### Section 12-805 (a) A person may not establish, maintain, or operate a labor camp for groups of 25 or more workers outside the limits of any municipality in Dorchester County unless the person obtains a permit under subsection (b) of this section. (b) (1) The County Council of Dorchester County may issue a permit to a person as provided in the rules and regulations adopted by the county council. (2) After notice to the person who holds a permit and an opportunity for a hearing, the county council may revoke a permit for cause. (c) (1) A person who violates this section or a rule or regulation of the County Council of Dorchester County adopted under this section is subject to a fine not exceeding $500 for each offense. (2) A labor camp established, operated, or maintained in violation of this section or a rule or regulation of the county adopted under this section may be abated as a nuisance. #### Section 12-806 (a) (1) In this section the following words have the meanings indicated. (2) "Alarm system contractor" means a person who installs, maintains, monitors, alters, or services an alarm system. (3) (i) "Alarm user" means a person in control of an alarm system in, on, or around any building, structure, facility, or site. (ii) "Alarm user" includes the owner or lessee of an alarm system. (4) (i) "False alarm" means any request for immediate assistance by a law enforcement agency or fire department or, in Washington County, an emergency services agency, regardless of cause, that is not in response to an actual emergency situation or threatened or suggested criminal activity. (ii) "False alarm" includes: (1) a negligently or accidentally activated signal; (2) a signal that is the result of faulty, malfunctioning, or improperly installed or maintained equipment; (3) a signal that is purposely activated to summon a law enforcement agency or fire department or, in Washington County, an emergency services agency, in a nonemergency situation; (4) the second and any later signal from an alarm system that is activated two or more times in a 12-hour period when the premises are unoccupied if access to the building is provided to an alarm system contractor and an alarm system contractor responds; and (5) the third or any later signal from an alarm system that is activated two or more times in a 12-hour period when the premises are unoccupied if access to the building is not provided to an alarm system contractor and an alarm system contractor does not respond. (iii) "False alarm" does not include: (1) a signal activated by unusually severe weather conditions or other causes beyond the control of the alarm user or alarm system contractor; or (2) a signal activated during the initial 60-day period following new installation. (b) This section applies only to Calvert County, Frederick County, and Washington County. (c) (1) The governing body of a county may adopt regulations to: (i) register alarm system contractors operating in the county; (ii) register alarm users in the county; (iii) provide penalties for failure to register as an alarm system contractor or alarm user; (iv) provide civil citations and penalties for false alarms, notwithstanding Title 9, Subtitle 6, Part II of the Criminal Law Article; (v) provide exemptions from the issuance of civil citations and penalties for false alarms; (vi) authorize the designated county enforcement agency to maintain a record of the alarm system contractor, monitoring service, and manufacturer of each security system in operation in the county; and (vii) authorize the designated county enforcement agency, if it finds a pattern of false alarms attributed to a particular manufacturer's model or to installation by a particular alarm system contractor, to inform: (1) the manufacturer of the model or the alarm system contractor that installed the alarm system; and (2) the appropriate State or national licensing agency or the certification standards entity. (2) The County Commissioners of Washington County may adopt regulations to establish fees for registering an alarm system contractor or alarm user. ### Subtitle 9. Miscellaneous #### Section 12-901 (a) This section applies to all counties except: (1) Anne Arundel County; (2) Baltimore City; (3) Baltimore County; (4) Cecil County; (5) Howard County; (6) Prince George's County; and (7) Queen Anne's County. (b) (1) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this subsection. (2) The governing body of a county may provide, maintain, and operate community, social, and recreational services that promote the health and welfare of county residents. (c) The County Commissioners of Worcester County may provide, maintain, and operate community, social, and recreational services and projects that promote the health, welfare, and economic development of county residents. #### Section 12-902 (a) In this section, "agreement" means an agreement to purchase development rights authorized under this section. (b) This section applies only in: (1) Anne Arundel County; (2) Baltimore County; (3) Carroll County; (4) Howard County; and (5) Prince George's County. (c) A county may enter into an agreement to purchase development rights. (d) Except as otherwise provided in this section, a county may determine, by resolution, the provisions, terms, conditions, and duration of an agreement. (e) A payment obligation in an agreement: (1) is a general obligation of the county to which its full faith and credit and unlimited taxing power is pledged; and (2) is not subject to annual appropriation by the county. (f) A county may undertake a payment obligation in an agreement: (1) without regard to any limitations contained in its charter or other public local law or public general law; and (2) without complying with any procedures contained in its charter or other public local law or public general law. (g) The exercise of the authority granted in this section to enter into an agreement with a payment obligation for a term of years constitutes the exercise of borrowing authority. (h) An agreement, the transfer or assignment of the agreement, and any payment required by the agreement are exempt from taxation by the State or any county, municipality, or public agency. #### Section 12-903 (a) This section applies to all counties, except Baltimore City. (b) The governing body of a county may adopt rules and regulations to establish and provide for payment of bounties for the killing of: (1) crows; (2) foxes; (3) hawks; (4) minks; (5) owls; (6) wildcats; and (7) other similar destructive and harmful wild animals or birds. (c) (1) Except as provided in paragraph (2) of this subsection, a person who violates a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. (2) In Calvert County, a person who violates a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. #### Section 12-904 (a) This section applies only to Calvert County. (b) Notwithstanding Sec. 6-108 of this article: (1) subject to the approval of the county commissioners, the State's Attorney may designate in writing the county attorney or an assistant county attorney to prosecute civil infractions; and (2) the county attorney or the assistant county attorney designated under this subsection may exercise the powers of the State's Attorney in connection with a civil infraction. #### Section 12-905 (a) This section applies only to Anne Arundel County. (b) (1) If a person fails to obey a subpoena served by the Anne Arundel County Human Relations Commission: (i) the Commission may apply to a circuit court in any county for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, electronically stored information, documents, and tangible property; and (ii) the court may issue an order requiring the attendance and testimony of the witness and the production of the books, papers, records, electronically stored information, documents, and tangible property: (1) after notice to the person subpoenaed as a witness or directed to produce books, papers, records, electronically stored information, documents, and tangible property; and (2) on a finding that the attendance and testimony of the witness or the production of the books, papers, records, electronically stored information, documents, and tangible property is relevant or necessary for the proceedings of the Commission. (2) An order issued by the court under this subsection shall be served on the person to whom it is directed by the sheriff or deputy sheriff. (3) A failure to obey an order issued by the court under this subsection may be punished by the court as contempt of court. #### Section 12-906 (a) (1) In this section the following words have the meanings indicated. (2) "Federal adjusted gross income", "fiduciary", "resident", and "taxable year" have the meanings stated in Sec. 10-101 of the Tax - General Article. (3) "Qualified child" and "taxpayer" have the meanings stated in Sec. 10-751 of the Tax - General Article. (b) A county may provide, by law, for a grant for each qualified child of a taxpayer if: (1) the taxpayer has federal adjusted gross income lower than the threshold amount of $15,000; and (2) the taxpayer and each qualified child are residents, other than fiduciaries, who on the last day of the taxable year are: (i) domiciled in that county; or (ii) maintain a principal residence or place of abode in that county. (c) The amount of a grant allowed under this section shall be reduced by 10% for each $1,000, or fraction thereof, by which the taxpayer's federal adjusted gross income exceeds the threshold amount, except that the reduction cannot reduce the grant below zero. (d) A county may provide, by law, for: (1) the amount of the grant under subsection (b) of this section; and (2) any other provision necessary to carry out the grant under this section. #### Section 12-907 (a) This section applies only to Carroll County. (b) (1) Notwithstanding any other provision of law and subject to paragraph (2) of this subsection, the Carroll County Office of Permits and Inspections may deny the issuance or renewal of a commercial license or permit in the county if the applicant has unpaid personal property taxes. (2) The Carroll County Office of Permits and Inspections may not deny the issuance or renewal of a commercial license or permit for unpaid personal property taxes under paragraph (1) of this subsection if the applicant submits evidence to the satisfaction of the Office that the applicant has disputed the amount of unpaid personal property taxes. (c) The Carroll County Office of Permits and Inspections may issue or renew a commercial license or permit in the county that was denied under subsection (b)(1) of this section if the applicant submits evidence to the satisfaction of the Office that the applicant has paid any previously unpaid personal property taxes. --- Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)