In this title the following words have the meanings indicated.
“Municipal charter” means a charter adopted under Article XI–E of the Maryland Constitution and a local law enacted by the General Assembly relating to the incorporation, organization, government, or affairs concerning administration and services of a municipality.
“Qualified voter” means an individual authorized under a municipal charter to vote in elections in the municipality.
There is one class of municipalities in the State, and every municipality is a member of that class.
The residents of a municipality are a municipal corporation.
Under the municipality’s corporate name, the municipality:
has perpetual succession;
may sue and be sued; and
may enact and adopt ordinances, resolutions, or bylaws necessary to exercise the authority of the municipality.
In this section, “special district” means a special tax area or district, sanitary district, park or planning district, soil conservation district, or public agency exercising specific powers in a defined area that does not exercise general municipal functions.
Except as provided in paragraph (2) of this subsection, a municipality located in a special district may not exercise, divest, or duplicate in the municipality’s corporate limits any special power or duty conferred on the special district.
Subject to the consent of the special district, a municipality may, within its corporate limits, provide recreational facilities within a special district’s jurisdiction.
A municipality may not exempt an area from any property tax, special benefit assessment, or service charge imposed to support a special district.
A local law conferring a special power or duty on a special district does not authorize the special district to exercise that power or perform that duty in an area where a municipality continues to exercise the power or perform the duty.
A municipality may not amend or repeal its charter or exercise its powers of annexation or incorporation as to affect the power of:
the Maryland–National Capital Park and Planning Commission, relating to zoning; or
the Washington Suburban Sanitary Commission, relating to sanitation, including sewer, water, and similar facilities.
Article XI–E of the Maryland Constitution, this division, and Division I of the Land Use Article do not authorize a municipality, through procedures under this title or other changes in the municipal charter, to exercise planning authority, subdivision control, or zoning jurisdiction in a political subdivision in which a State, regional, or county unit exercises planning authority, subdivision control, or zoning jurisdiction.
The legislative body of a municipality may not adopt an ordinance, a resolution, a rule, or a regulation at a meeting not open to the public, except in accordance with the Open Meetings Act.
The legislative body of a municipality may set a date and establish procedures for submitting to the qualified voters of the municipality at a regular or special municipal election a local law, enacted under Article XI–E, § 5 of the Maryland Constitution, that sets a maximum property tax rate or a maximum amount of debt that may be incurred by the municipality.
The legislative body of a municipality may take necessary action to ensure that a local law setting a maximum property tax rate or a maximum amount of debt that may be incurred by the municipality does not take effect without approval by a majority of those who voted on the question at a regular or special municipal election.
A municipality may not require an individual to own or control an interest in property to participate in an election or hold office in the municipality.
A qualified voter may vote in a municipal election by absentee ballot.
Subject to paragraph (2) of this subsection, a municipality shall provide a procedure to vote by absentee ballot.
A municipality may not require an individual to provide a reason that the individual will be unable to vote in person on election day in order to vote by absentee ballot.
A municipality may use any method to enable absentee voters to vote, including using any facilities to transmit and receive applications for absentee ballots.
As to voting in a municipal election:
a person is subject to the offenses and penalties related to voting specified under § 16–201 of the Election Law Article; and
the State Prosecutor or the State’s Attorney for the county in which the municipal election was held and where the offense is alleged to have occurred may prosecute the person for the offense.
If a municipality requires candidates in a municipal election to file campaign finance reports, within 10 days after the filing deadline, each candidate in the municipal election shall submit to the State Board of Elections a copy of the campaign finance report that was filed by the candidate.
In this section the following words have the meanings indicated.
“Ballot” means a ballot prepared by the State Board of Elections under Title 9 of the Election Law Article.
“State Board” means the State Board of Elections.
A municipality may request that the State Board include on a ballot the offices and questions to be voted on in a municipal election.
A municipality that makes a request under this section shall:
file the request with the State Board on or before the day that is 9 months before the deadline date applicable for individuals who are required to file a certificate of candidacy as required under § 5–303 of the Election Law Article; and
certify as part of the request that the charter of the municipality requires, and the municipality has established, deadlines and procedures for the administration of municipal elections for the municipality that are consistent with the deadlines and procedures for State and county elections established by the State Board with regard to:
the filing of certificates of candidacy;
the filling of a vacancy in office;
the filing of a petition;
the certification of a ballot question;
voter registration; and
voting.
Except as provided in subparagraph (ii) of this paragraph, if the State Board previously included a municipal election on the ballot, that municipality’s elections may continue to appear on the ballot without the municipality filing an additional request under this section.
A municipality shall file a request under this section if, since the municipality’s election last appeared on the ballot, there has been a significant change in the method the municipality uses to conduct its elections.
Within 30 days after receipt of a municipality’s request under this section, the State Board, after consultation with the local board in the county where the municipality is located, shall notify the municipality of its decision whether to include the municipal election on the ballot.
If the State Board approves a municipality’s request under this section, the State Board shall:
include the offices and questions at the end of the ballot; and
arrange the offices and questions in a similar order as other offices and questions are arranged on the ballot.
A municipality shall reimburse the State Board and the applicable local board for any additional costs incurred by the State Board or local board on account of including the offices and questions to be voted on in a municipal election on the ballot.
A municipality shall fill a vacancy that resulted from a tie vote in an election for a municipal office within 90 days after the date of the election.
In this section, “State Board” means the State Board of Elections.
The State Board shall prominently display on the State Board’s website:
a list of all upcoming regular municipal elections reported under subsection (d)(2) of this section that includes:
the name of the municipality;
the election date; and
each office to be voted on; and
a list indicating which municipalities have not yet reported upcoming regular municipal elections under subsection (d)(2) of this section.
Each municipality that maintains a website shall prominently display on the municipality’s website a list of all upcoming regular and special elections in the municipality, including:
the election date;
whether the election is a regular or special municipal election; and
each office to be voted on.
On or before the date that is 3 months before the candidate filing deadline for a regular municipal election, the municipality shall submit to the State Board the qualifications to be a candidate for each office on the municipal ballot.
Within 15 business days after a special municipal election is scheduled, the municipality shall report to the State Board:
the date of the special election;
each office on the special election ballot; and
the qualifications to be a candidate for each office on the special election ballot.
Immediately after a municipality submits the information required under subparagraph (i) of this paragraph, the State Board shall publish the information on the State Board’s website.
On or before the date that is 10 business days after the candidate filing deadline for a municipal election, including a special election, the municipality shall submit to the State Board:
a list of each qualified candidate for each office on the municipal ballot and, if the election is a partisan election, the party affiliation of each candidate; and
information on how to vote and where to vote in the municipal election.
Immediately after a municipality submits the information required under subparagraph (i) of this paragraph, the State Board shall publish the information on the State Board’s website.
The State Board shall, immediately after a municipality submits its election results, publish the election results on the State Board’s website.
The election results published under subparagraph (i) of this paragraph shall be organized by election year and the name of the municipality.
Within 30 days after the results of a municipal election are certified, the municipality shall submit to the State Board an electronic copy of the election results for each office or question voted on at the election, including:
vote totals for each office or question reported separately by each of the following voting methods, if applicable:
in–person early voting;
mail–in voting or vote–by–mail;
provisional voting; and
in–person election day voting;
if the municipality conducts partisan elections, the party affiliation of each candidate; and
the date of the next regular municipal election; and
each office to be voted on at the next regular municipal election.
In this subsection, “ranked–choice voting” means a method of casting and tabulating votes in which voters rank candidates in order of preference and votes are tabulated in a manner that reflects voter preference.
A municipality that conducts its elections using ranked–choice voting shall submit to the State Board the municipality’s regulations for the tabulation of ranked–choice ballots.
The State Board shall publish the regulations submitted under paragraph (2) of this subsection on the State Board’s website.
If the governing body of a municipality creates, or causes the creation of, a document listed in paragraph (2) of this subsection, the chief executive officer of the municipality shall submit one copy of the document to the Department of Legislative Services by mail.
A municipality shall submit:
a code or compilation containing all or part of the municipal charter;
in accordance with § 4–308 of this title, a charter amendment passed by the legislative body of the municipality or adopted by referendum, including the complete text of the amendment, the date of any referendum, the number of votes cast for and against the amendment by the legislative body or in a referendum, and the effective date of the amendment;
in accordance with § 4–303(b), (c), and (e) of this title, a complete list of measures that add, amend, or repeal sections in a municipal charter, including each charter section affected, by number and title;
in accordance with § 4–414(a) of this title, a charter amendment, a resolution, a referendum, or any other document that changes the boundaries of the municipality, including a copy of the complete text of the document with a statement of the new boundaries, the date of any referendum, the number of votes cast for and against the annexation by the legislative body or in a referendum, and the effective date of the annexation;
in accordance with § 4–508(b) of this title, a unified charter for merging municipalities, including the complete text of the unified charter, the date of any referendum, the number of votes cast for and against the adoption of the unified charter by the legislative bodies or a referendum, and the effective date of the unified charter;
in accordance with § 4–214(a) of this title, a charter creating a municipality, including the complete text of the charter, the date of the referendum, the number of votes cast for and against the charter, and the effective date of the charter;
in accordance with § 4–313(a), (b), and (c) of this title, a charter amendment repealing the entire municipal charter passed by the legislative body of the municipality or adopted by referendum, including the complete text of the amendment, the date of any referendum, the number of votes cast for and against the amendment by the legislative body or in a referendum, and the effective date of the amendment; and
in accordance with § 4–310(d) of this title, a statement on the results of any referendum on a proposed charter amendment held during the year, or any actual or potential pending referendum that had not been held by the end of the year.
The chief executive officer of each municipality shall send to the Department of Legislative Services:
any charter amendment resolution within 10 days after the resolution becomes effective under § 4–304(c) or § 4–307(e) of this title; and
any annexation resolution within 10 days after the resolution becomes effective under § 4–407 or § 4–412(d) of this title.
The Department of Legislative Services shall forward each document the Department receives under this division to the State Archives at least once each year for permanent storage.
In this section, “ordinance” means a legislative enactment of general application and continuing force for a municipality.
“Ordinance” does not include a public local law under § 9–102 of this article.
Each year, if a municipality enacts any ordinance appropriate for codification during the year, the governing body of a municipality shall provide for the preparation and distribution of a supplement to or new edition of its code of ordinances.
A supplement published under subsection (b) of this section shall contain each ordinance that is in effect and has been enacted or amended since the municipality’s most recent code of ordinances was published.
A new code published under subsection (b) of this section shall contain each ordinance that is in effect at the time of publication.
In this section, “legislation” means any form of county or municipal legislative enactment, including a law, an ordinance, a resolution, or any action by which a county budget is adopted.
Except as provided in subsection (c) of this section, legislation enacted by a county does not apply in a municipality located in the county if the legislation:
by its terms, exempts the municipality;
conflicts with legislation of the municipality enacted under a grant of legislative authority provided by public general law or the municipal charter; or
relates to a subject on which a public general law or the municipal charter grants the municipality legislative authority; and
the municipality by ordinance or charter amendment:
specifically exempts itself from the county legislation; or
generally exempts itself from county legislation covered by the type of grant of authority to the municipality.
The following categories of county legislation, if within the scope of legislative powers granted to a county by the General Assembly, apply in all municipalities in the county:
county legislation made applicable to all municipalities in the county under a law enacted by the General Assembly;
county revenue or tax legislation, subject to Title 16, Subtitle 5 and Title 20 of this article, the Tax – General Article, and the Tax – Property Article, or legislation adopting a county budget; and
subject to subsection (e) of this section, county legislation that is enacted in accordance with county requirements for legislation that is to become effective immediately and for which the legislative body of the county:
makes a specific finding based on evidence of record after a hearing held under item (ii) of this item that there will be significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if the legislation does not apply in all municipalities in the county;
conducts a public hearing at which all municipalities in the county and any interested persons have an opportunity to be heard;
provides notice of the hearing by certified mail to all municipalities in the county at least 30 days before the hearing; and
publishes notice in a newspaper of general circulation in the county for 3 successive weeks, beginning at least 30 days before the hearing; and
enacts the county legislation by an affirmative vote of at least two–thirds of the authorized membership of the county legislative body.
County legislation enacted in accordance with subsection (c)(3) of this section is subject to judicial review by the circuit court of the county, in accordance with the Maryland Rules governing appeals from administrative agencies, of:
the finding made under subsection (c)(3)(i) of this section; and
the legislation’s applicability to municipalities located in the county.
An appeal under this subsection shall be filed within 30 days after the effective date of the county legislation.
In a judicial proceeding under this subsection, the only issues that may be considered are whether the county legislative body:
complied with the procedures of subsection (c)(3) of this section; and
had sufficient evidence from which a reasonable person could conclude that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if the county legislation does not apply in all municipalities in the county.
The court shall decide the issues under paragraph (3) of this subsection without a jury.
If a court reverses a legislative body’s finding under subsection (c)(3)(i) of this section:
the legislation shall continue to apply in unincorporated areas of the county; and
the applicability of the legislation in a municipality is governed by subsection (b) of this section.
A county or municipality in the county may appeal the decision of a circuit court in a proceeding under this subsection to the Appellate Court of Maryland.
County legislation enacted in accordance with subsection (c)(3) of this section does not apply, or becomes inapplicable, in a municipality that has enacted or enacts municipal legislation that:
covers the same subject matter and furthers the same policies as the county legislation;
is at least as restrictive as the county legislation; and
includes provisions for enforcement.
By ordinance, a municipality may request and authorize the county in which it is located to administer or enforce any municipal legislation.
After a municipality enacts an ordinance under paragraph (1) of this subsection, a county may administer or enforce the municipal legislation on mutually agreed terms.
The other provisions of this article are considered amended as provided in this section.
In this section the following words have the meanings indicated.
“Approved grating system” means a cover placed over the opening of an open drainage inlet in order to allow stormwater runoff to enter the drainage inlet while preventing large debris from entering the drainage inlet.
“Approved grating system” includes:
a standard yard inlet;
a raised grate yard inlet;
a trash rack grating, provided that the rack has at least four sides, each of which is at least as large as the diameter of the surface opening; and
for new drainage inlets, a precast concrete box incorporated into the construction of the drainage inlet.
“Open drainage inlet” means a structure with a surface opening that:
has a diameter of 12 inches or more; and
is designed to collect and drain stormwater runoff.
“Open drainage inlet” includes an open headwall structure attached to a culvert.
“Open drainage inlet” does not include:
a grate inlet;
a curb inlet;
a combination curb and grate inlet;
a surface–level drainage tunnel with only one surface–level inlet and one direct surface–level outlet;
a slotted inlet; or
a culvert located on an open drainage highway.
“Privately owned existing open drainage inlet” means an inlet that is located on private property and was installed before October 1, 2026.
“Publicly owned existing open drainage inlet” means an inlet owned and maintained by the municipality that was installed before October 1, 2026.
“Publicly owned existing open drainage inlet” does not include inlets:
owned or maintained by a federal entity, State entity, county, or school board; or
inspected by the Department of the Environment.
A municipality may enter private property to:
complete the inventory required under subsection (c) of this section; and
install an approved grating system.
On or before July 1, 2027, a municipality shall inventory the number and location of all publicly owned existing open drainage inlets and privately owned existing open drainage inlets in the municipality.
On or before April 1, 2028, a municipality shall develop a prioritization plan for making improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets.
The plan shall prioritize making improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets that pose the greatest risk to public safety.
A municipality is not required to make improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets that do not pose a legitimate risk to public safety.
A municipality shall include in the plan an explanation of the reason for each publicly owned existing open drainage inlet and privately owned existing open drainage inlet excluded from the prioritization plan.
Improvements may include:
installation of an approved grating system secured to the inlet end of the open drainage inlet or the concrete structure built to house the drainage inlet, in a manner that prevents the approved grating system from being removed without the appropriate tools or by the force of flood water; or
installation of fencing that:
obstructs at least 50% of any opening; and
is designed and installed in a manner that would not allow a person to enter the open drainage inlet.
On or before April 1, 2028, each municipality shall notify a private property owner with a privately owned existing open drainage inlet that the installation of an approved grating system or fencing is required in accordance with paragraph (2) of this subsection.
On or before April 1, 2031, each municipality shall make improvements to all publicly owned existing open drainage inlets and privately owned existing open drainage inlets included in the prioritization plan developed under paragraph (2) of this subsection.
A municipality is responsible for the cost of installing improvements on all publicly owned existing open drainage inlets and privately owned existing open drainage inlets.
A municipality may apply to the comprehensive flood management grant program within the Department of the Environment to cost–share a portion of the installation costs.
A municipality is not required to add improvements to any publicly owned existing open drainage inlets and privately owned existing open drainage inlets if it would significantly impair the hydraulic capacity of the drainage system.
Once a municipality has installed an approved grating system on a privately owned existing open drainage inlet, the municipality:
is not responsible for maintaining improvements installed on a privately owned existing open drainage inlet; and
may not be held liable for incidents arising out of the maintenance of an approved grating system.
Any new open drainage inlet installed in a municipality shall be equipped with an approved grating system that meets the requirements for installation described in this section.