Land Use (GLU) — Title 1. Definitions; General Provisions
Statutes in effect as of October 1, 2026.
Subtitle 1. Definitions
Md. Code Ann., Land Use § 1-101 (2026)
Title 1. Definitions; General Provisions
Subtitle 1. Definitions
§ 1–101LinkCopy Citation
(a)
In this division the following words have the meanings indicated.
(b)
“Adaptive reuse” means a change granted by a legislative body under § 4–207 of this article to the use restrictions in a zoning classification, as those restrictions are applied to a particular improved property.
(c)
“Charter county” means a county that has adopted charter home rule under Article XI–A of the Maryland Constitution.
(d)
“Code county” means a county that has adopted code home rule under Article XI–F of the Maryland Constitution.
(e)
“County” means a county of the State or Baltimore City.
(f)
(1)
“Development” means an activity that materially affects the existing condition or use of any land or structure.
(2)
“Development” does not include a normal agricultural activity.
(g)
(1)
“Legislative body” means the elected body of a local jurisdiction.
(2)
“Legislative body” includes:
(i)
the board of county commissioners;
(ii)
the county council; and
(iii)
the governing body of a municipal corporation.
(h)
(1)
“Local executive” means the chief executive of a local jurisdiction.
(2)
“Local executive” includes:
(i)
the board of county commissioners;
(ii)
the county executive;
(iii)
the executive head; and
(iv)
the mayor.
(i)
“Local jurisdiction” means a county or municipal corporation and the territory within which its powers may be exercised.
(j)
(1)
“Local law” means an enactment of the legislative body of a local jurisdiction, whether by ordinance, resolution, or otherwise.
(2)
“Local law” does not include a public local law.
(k)
“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, limited liability company, or other entity.
(l)
(1)
“Plan” means the policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps that constitute the guide for an area’s future development.
(2)
“Plan” includes a general plan, master plan, comprehensive plan, functional plan, or community plan adopted in accordance with Subtitle 4 of this title and Title 3 of this article.
(m)
“Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article.
(n)
(1)
“Regulation” means a rule of general applicability and future effect.
(2)
“Regulation” includes a map or plan.
(o)
“Sensitive area” includes:
(1)
a stream or wetland, and its buffers;
(2)
a 100–year flood plain;
(3)
a habitat of a threatened or endangered species;
(4)
a steep slope;
(5)
agricultural or forest land intended for resource protection or conservation; and
(6)
any other area in need of special protection, as determined in a plan.
(p)
“Special exception” means a grant of a specific use that:
(1)
would not be appropriate generally or without restriction; and
(2)
shall be based on a finding that:
(i)
the requirements of the zoning law governing the special exception on the subject property are satisfied; and
(ii)
the use on the subject property is consistent with the plan and is compatible with the existing neighborhood.
(q)
(1)
Except as provided in paragraph (2) of this subsection, “state” means:
(i)
a state, possession, territory, or commonwealth of the United States; or
(ii)
the District of Columbia.
(2)
When capitalized, “State” means Maryland.
(r)
(1)
“Subdivision” means:
(i)
the process and configuration of land by which one or more lots, tracts, or parcels of land are divided, consolidated, or established as one or more lots or parcels, or other divisions of land, consistent with criteria established by the legislative body of the local jurisdiction; or
(ii)
the land so subdivided.
(2)
“Subdivision” includes resubdivision.
(s)
“Variance” means a modification only of density, bulk, dimensional, or area requirements in the zoning law that is not contrary to the public interest, and where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty, as specified in the zoning law.
(t)
(1)
“Zoning law” means the legislative implementation of regulations for zoning by a local jurisdiction.
(2)
“Zoning law” includes a zoning ordinance, zoning regulation, zoning code, and any similar legislative action to implement zoning controls in a local jurisdiction.
Subtitle 2. General Provisions
Md. Code Ann., Land Use § 1-201 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–201LinkCopy Citation
(a)
(1)
The planning principles under subsection (b) of this section are collectively intended to create sustainable communities and to protect the environment in order to foster a high quality of life for all residents of the State.
(2)
To accomplish the goals under paragraph (1) of this subsection, residents should be active partners in the planning and implementation of community initiatives and sensitive to their responsibilities as stewards in balancing and achieving community goals.
(b)
In addition to the requirements of § 3–201(a) and (b) of this article, a planning commission shall implement the following planning principles through the comprehensive plan described in Title 3 of this article:
(1)
land: optimize productivity of working landscapes, including farms and forests, and fisheries, and prioritize development within population centers that are in proximity to existing infrastructure and facilities;
(2)
transportation: prioritize transportation networks that create energy efficient, affordable, and reliable access to jobs, housing, and services;
(3)
housing: enable a mix of quality housing types and affordability options to accommodate all who want to live in the State;
(4)
economy: allow for adaptive reuse, mixed–use, and context appropriate new development that responds to changing markets and innovations;
(5)
equity: engage all sectors of the community in plan development to ensure diverse voices are heard and the needs of underserved populations are prioritized;
(6)
resilience: integrate resiliency measures that will minimize the impacts of rapid and unexpected natural– and human–caused threats on communities;
(7)
place: provide for public spaces that encourage social interaction and value cultural, historical, and natural resources; and
(8)
ecology: protect and restore sensitive ecological systems and conserve natural resources, including forests, agricultural areas, and waterways.
Md. Code Ann., Land Use § 1-202 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–202LinkCopy Citation
(a)
A regulation adopted under this division that conflicts with any statute, local law, or other regulation shall govern if the regulation adopted under this division:
(1)
requires a greater width or size of yards, courts, or other open spaces;
(2)
requires a lower height of buildings;
(3)
requires a reduced number of stories;
(4)
requires a greater percentage of lot left unoccupied; or
(5)
imposes a more restrictive standard.
(b)
A statute, local law, or other regulation that conflicts with a regulation adopted under this division shall govern if the statute, local law, or other regulation:
(1)
requires a greater width or size of yards, courts, or other open spaces;
(2)
requires a lower height of buildings;
(3)
requires a reduced number of stories;
(4)
requires a greater percentage of lot left unoccupied; or
(5)
imposes a more restrictive standard.
(c)
(1)
This subsection applies to the Maryland–Washington Regional District established under Chapter 992 of the Acts of the General Assembly of 1943.
(2)
This division does not supplement Chapter 992 of the Acts of the General Assembly of 1943 if a local agency located within the Maryland–Washington Regional District administers municipal and regional planning and zoning.
(3)
In the Maryland–Washington Regional District, the additional and supplemental powers vested by this division in a legislative body may not be considered vested in and may not be exercised by a county council acting as a district council under Chapter 992 of the Acts of the General Assembly of 1943.
(4)
In the Maryland–Washington Regional District, the powers vested by this division in a planning commission or board of appeals may not be considered vested in and may not be exercised by the Maryland–National Capital Park and Planning Commission, the planning board, or the board of zoning appeals of the affected county.
(5)
Provisions of this division that are inconsistent with or contrary to Chapter 992 of the Acts of the General Assembly of 1943 do not apply in the Maryland–Washington Regional District.
(6)
This division does not affect the validity of Chapter 992 of the Acts of the General Assembly of 1943.
Md. Code Ann., Land Use § 1-203 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–203LinkCopy Citation
Except as otherwise provided in this division, any law or ordinance that is inconsistent with or contrary to this division is repealed to the extent of the inconsistency.
Md. Code Ann., Land Use § 1-204 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–204LinkCopy Citation
(a)
Other public general laws that may affect land use in a local jurisdiction under this division, Division II of this article, or otherwise, include:
(1)
the Local Government Article; and
(2)
Title 8, Subtitle 18 of the Natural Resources Article.
(b)
The inclusion or exclusion of a provision of public general law in this section may not be construed to imply any relationship between the provision and land use matters included in this article.
Md. Code Ann., Land Use § 1-205 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–205LinkCopy Citation
The requirement or authorization for a local jurisdiction to enact a local law to implement a provision of this division is not intended to alter in any way the form or legislative mechanism that the applicable enabling authority requires for the local jurisdiction to enact the local law, whether by ordinance, resolution, or otherwise, as of October 1, 2012.
Md. Code Ann., Land Use § 1-206 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–206LinkCopy Citation
(a)
(1)
In this subsection, “planning commission” includes a planning commission or board established under:
(i)
Title 2 of this article;
(ii)
Division II of this article; or
(iii)
Title 10 of the Local Government Article.
(2)
Within 6 months after appointment to a planning commission, a member shall complete an education course that includes education on:
(i)
the role of the comprehensive plan;
(ii)
if applicable, proper standards for special exceptions and variances; and
(iii)
the local jurisdiction’s local laws and regulations relating to zoning, planned development, subdivision, and other land use matters.
(3)
The failure of a member to complete an education course under this subsection may not:
(i)
invalidate a decision of the planning commission; or
(ii)
be construed to create a private cause of action by any person.
(b)
(1)
In this subsection, “board of appeals” includes a board of appeals established under:
(i)
Title 4, Subtitle 3 of this article;
(ii)
§ 10–403 of this article;
(iii)
Division II of this article; or
(iv)
Title 10 of the Local Government Article.
(2)
Within 6 months after appointment to a board of appeals, a member shall complete an education course that includes education on:
(i)
the role of the comprehensive plan;
(ii)
proper standards for special exceptions and variances; and
(iii)
the local jurisdiction’s local laws and regulations relating to zoning, planned development, subdivision, and other land use matters.
(3)
The failure of a member to complete an education course under this subsection may not:
(i)
invalidate a decision of the board; or
(ii)
be construed to create a private cause of action by any person.
Md. Code Ann., Land Use § 1-207 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–207LinkCopy Citation
(a)
In this section, “planning commission” includes a planning commission or board established under:
(1)
Title 2 of this article;
(2)
Division II of this article; or
(3)
Title 10 of the Local Government Article.
(b)
On or before July 1 of each year, a planning commission shall prepare, adopt, and file an annual report for the previous calendar year with the legislative body.
(c)
The annual report shall:
(1)
index and locate on a map any changes in development patterns that occurred during the period covered by the report, including:
(i)
land use;
(ii)
transportation;
(iii)
community facilities patterns;
(iv)
zoning map amendments; and
(v)
subdivision plats;
(2)
state whether the changes under item (1) of this subsection are consistent with:
(i)
each other;
(ii)
the recommendations of the last annual report;
(iii)
the approved plans of the local jurisdiction;
(iv)
the approved plans of all adjoining local jurisdictions; and
(v)
the approved plans of State and local jurisdictions that have responsibility for financing or constructing public improvements necessary to implement the local jurisdiction’s plan;
(3)
contain statements and recommendations for improving the planning and development process within the local jurisdiction;
(4)
state which local laws or regulations have been adopted or changed to implement the planning principles in § 1–201 of this subtitle as required under § 1–417 of this title or § 3–303 of this article;
(5)
contain the measures and indicators required under § 1–208(c) of this subtitle; and
(6)
at least once within the 5–year period after the adoption or review by the local jurisdiction of a comprehensive plan under Part II of Subtitle 4 of this title or under Title 3 of this article, contain a narrative on the implementation status of the comprehensive plan, including:
(i)
a summary of the development trends contained in the previous annual reports filed during the period covered by the narrative;
(ii)
the status of comprehensive plan implementation tools such as comprehensive rezoning to carry out the provisions of the comprehensive plan;
(iii)
identification of any significant changes to existing programs, zoning ordinances, regulations, financing programs, or State requirements necessary to achieve the planning principles and goals of the comprehensive plan during the remaining planning timeframe;
(iv)
identification of any State or federal laws, regulations, or requirements that have impeded local implementation of the comprehensive plan and recommendations to remove any impediments;
(v)
future land use challenges and issues; and
(vi)
a summary of any potential updates to the comprehensive plan.
(d)
The legislative body shall review the annual report and direct that any appropriate and necessary studies and other actions be undertaken to ensure the continuation of a viable planning and development process.
(e)
The local jurisdiction shall make the annual report available for public inspection.
(f)
(1)
The local jurisdiction shall mail a copy of the report to the Secretary of Planning.
(2)
The Department of Planning may comment on the report.
Md. Code Ann., Land Use § 1-208 (2026)
Title 1. Definitions; General Provisions
Subtitle 2. General Provisions
§ 1–208LinkCopy Citation
(a)
In this section, “National Center” means the National Center for Smart Growth Research and Education at the University of Maryland, College Park Campus.
(b)
(1)
The General Assembly finds that:
(i)
in addition to reporting on past land use indicators and measures, local jurisdictions should strive to achieve future land use goals that implement and achieve the planning principles in § 1–201 of this subtitle;
(ii)
a statewide land use goal that embodies the planning principles in § 1–201 of this subtitle and smart and sustainable growth should be established;
(iii)
the planning principles in § 1–201 of this subtitle will not be realized unless local jurisdictions set their own goal to make incremental progress towards achieving a statewide land use goal; and
(iv)
resources are necessary to achieve a statewide goal, including funding for infrastructure inside the priority funding areas and land preservation outside the priority funding areas.
(2)
(i)
The statewide land use goal is to increase the current percentage of growth inside the priority funding areas and to decrease the percentage of growth located outside the priority funding areas.
(ii)
Local jurisdictions shall develop a percentage goal towards achieving the statewide goal.
(c)
(1)
Except as provided in paragraphs (2) and (3) of this subsection, the annual report required to be filed under § 1–207 of this subtitle shall include the following measures and indicators:
(i)
the amount, share, and net density of growth inside and outside the priority funding areas;
(ii)
the creation of new lots and the issuance of residential and commercial building permits inside and outside the priority funding areas;
(iii)
the development capacity analysis, updated every 3 years and whenever there is a significant change in zoning or land use patterns;
(iv)
the number of acres preserved using local agricultural land preservation funding, if applicable; and
(v)
the following information on achieving the statewide goal stated in subsection (b)(2) of this section:
(1)
the local goal;
(2)
the time frame for achieving the local goal;
(3)
the resources necessary for infrastructure inside the priority funding areas and land preservation outside the priority funding areas; and
(4)
any incremental progress made towards achieving the local goal.
(2)
If all land within the boundaries of a municipal corporation is a priority funding area, the municipal corporation need not:
(i)
establish a local goal for achieving the statewide goal stated in subsection (b)(2) of this section; or
(ii)
include information in the annual report on a local goal as required in paragraph (1)(v) of this subsection.
(3)
A county or municipal corporation that issues fewer than 50 building permits for new residential units each year:
(i)
need not include information in the annual report on measures and indicators listed in paragraph (1) of this subsection; but
(ii)
shall provide documentation to the Department of Planning each year that fewer than 50 building permits for new residential units are issued.
(d)
(1)
In accordance with Title 2, Subtitle 5 and Title 10, Subtitle 1 of the State Government Article, the Department of Planning may adopt regulations to detail how the measures and indicators required under subsection (c) of this section are submitted and transmitted in the annual report of each local jurisdiction.
(2)
The Department of Planning shall:
(i)
develop measures and indicators that will be collected by the Department; and
(ii)
consider which measures or indicators may be collected by the National Center.
(e)
On or before January 1 of each year, the Department of Planning, in consultation with the National Center, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the measures and indicators collected under this section.
Subtitle 3. Consistency
Md. Code Ann., Land Use § 1-301 (2026)
Title 1. Definitions; General Provisions
Subtitle 3. Consistency
§ 1–301LinkCopy Citation
In this subtitle, “action” means:
(1)
the adoption of a local law or regulation concerning:
(i)
a special exception under § 1–101(p) of this title (Definitions – “Special exception”); or
(ii)
plan implementation and review under § 1–417 of this title or § 3–303 of this article;
(2)
a requirement under § 9–505(a)(1) of the Environment Article and § 4–415(c) of the Local Government Article (Municipal annexation); or
(3)
a required finding under §§ 9–506(a)(1) and 9–507(b)(2) of the Environment Article (Water and sewer plan review).
Md. Code Ann., Land Use § 1-302 (2026)
Title 1. Definitions; General Provisions
Subtitle 3. Consistency
§ 1–302LinkCopy Citation
This subtitle applies to:
(1)
a special exception under § 1–101(p) of this title (Definitions – “Special exception”);
(2)
plan implementation and review under § 1–417 of this title or § 3–303 of this article;
(3)
§§ 9–505(a)(1), 9–506(a)(1), and 9–507(b)(2) of the Environment Article (Water and sewer plan review); and
(4)
§ 4–414(c) of the Local Government Article (Annexation plan).
Md. Code Ann., Land Use § 1-303 (2026)
Title 1. Definitions; General Provisions
Subtitle 3. Consistency
§ 1–303LinkCopy Citation
Except as provided in § 1–304 of this subtitle, when a provision in a statute listed under § 1–302 of this subtitle requires an action to be “consistent with” or have “consistency with” a comprehensive plan, the term shall mean an action taken that will further, and not be contrary to, the following items in the plan:
(1)
policies;
(2)
timing of the implementation of the plan;
(3)
timing of development;
(4)
timing of rezoning;
(5)
development patterns;
(6)
land uses; and
(7)
densities or intensities.
Md. Code Ann., Land Use § 1-304 (2026)
Title 1. Definitions; General Provisions
Subtitle 3. Consistency
§ 1–304LinkCopy Citation
(a)
This section applies to plan implementation and review under § 1–301(1)(ii) of this subtitle.
(b)
In a priority funding area, if § 1–417 of this title or § 3–303 of this article requires an action to be “consistent with” or have “consistency with” a comprehensive plan, the term shall mean an action taken that will further, and not be contrary to, the following items in the plan:
(1)
policies;
(2)
timing of the implementation of the plan;
(3)
timing of development;
(4)
timing of rezoning; and
(5)
development patterns.
Subtitle 4. Home Rule Counties
Md. Code Ann., Land Use § 1-401 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–401LinkCopy Citation
(a)
Except as provided in this section, this division does not apply to charter counties.
(b)
The following provisions of this division apply to a charter county:
(1)
this subtitle, including Parts II and III (Charter county – Comprehensive plans);
(2)
§ 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, and “Sensitive area”);
(3)
§ 1–201 (Planning principles);
(4)
§ 1–206 (Required education);
(5)
§ 1–207 (Annual report – In general);
(6)
§ 1–208 (Annual report – Measures and indicators);
(7)
Title 1, Subtitle 3 (Consistency);
(8)
Title 1, Subtitle 5 (Growth Tiers);
(9)
§ 4–104(c) (Limitations – Parking);
(10)
§ 4–104(d) (Limitations – Manufactured homes and modular dwellings);
(11)
§ 4–104(e) (Limitations – Mixed–use developments);
(12)
§ 4–104(f) (Limitations – Land for transportation use);
(13)
§ 4–208 (Exceptions – Maryland Accessibility Code);
(14)
§ 4–210 (Permits and variances – Solar panels);
(15)
§ 4–211 (Change in zoning classification – Energy generating systems);
(16)
§ 4–212 (Agritourism);
(17)
§ 4–213 (Alcohol production);
(18)
§ 4–214 (Agricultural alcohol production);
(19)
§ 4–215 (Pollinator–friendly vegetation management);
(20)
§ 4–216 (Limitations – Family child care homes and large family child care homes);
(21)
§ 4–217 (Patuxent Research Refuge);
(22)
Title 4, Subtitle 5 (Accessory Dwelling Units);
(23)
§ 5–102(d) (Subdivision regulations – Burial sites);
(24)
§ 5–104 (Major subdivision – Review);
(25)
Title 7, Subtitle 1 (Development Mechanisms);
(26)
Title 7, Subtitle 2 (Transfer of Development Rights);
(27)
except in Montgomery County or Prince George’s County, Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);
(28)
Title 7, Subtitle 4 (Inclusionary Zoning);
(29)
Title 7, Subtitle 5 (Housing Expansion and Affordability);
(30)
§ 8–401 (Conversion of overhead facilities);
(31)
for Baltimore County only, Title 9, Subtitle 3 (Single–County Provisions – Baltimore County);
(32)
for Frederick County only, Title 9, Subtitle 10 (Single–County Provisions – Frederick County);
(33)
for Howard County only, Title 9, Subtitle 13 (Single–County Provisions – Howard County);
(34)
for Talbot County only, Title 9, Subtitle 18 (Single–County Provisions – Talbot County);
(35)
Title 11, Subtitle 2 (Civil Penalty); and
(36)
Title 12 (Maryland Housing Certainty Act).
(c)
This section supersedes any inconsistent provision of Division II of this article.
Md. Code Ann., Land Use § 1-402 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–402LinkCopy Citation
(a)
In addition to the powers the county may have had under this division before adopting code home rule, a code county may exercise the powers relating to land use stated in Title 10 of the Local Government Article.
(b)
A code county that chooses to exercise the powers relating to land use stated in Title 10 of the Local Government Article shall be treated as a charter county for purposes of § 1–401 of this subtitle.
Md. Code Ann., Land Use § 1-403 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–403LinkCopy Citation
(a)
This section applies in code counties only in the Southern Maryland class, as established in § 9–302 of the Local Government Article.
(b)
A county may provide in the county’s subdivision regulations for:
(1)
the dedication of real property for recreation; or
(2)
in lieu of dedication, the payment of a fee to be used by the county for the purchase, development, and improvement of real property for recreational facilities.
Md. Code Ann., Land Use § 1-405 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–405LinkCopy Citation
A charter county shall enact, adopt, amend, and execute a plan in accordance with this part and Part III of this subtitle.
Md. Code Ann., Land Use § 1-406 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–406LinkCopy Citation
(a)
The planning commission for a charter county shall include in the comprehensive or general plan the planning principles under § 1–201 of this title and the following elements:
(1)
a land element;
(2)
a transportation element;
(3)
a housing element;
(4)
an economy element;
(5)
an equity element;
(6)
a resilience element;
(7)
a place element; and
(8)
an ecology element.
(b)
The plan shall provide goals, objectives, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the county.
(c)
(1)
The planning commission for a charter county shall:
(i)
subject to paragraph (2) of this subsection, determine the appropriate format and organizational structure of the plan, provided the elements required under this subtitle are addressed; and
(ii)
determine whether to include additional elements in the plan.
(2)
Elements may be formatted as individual chapters or addressed in multiple chapters.
(d)
(1)
Each element required under this section shall:
(i)
include and address all required subelements;
(ii)
be informed by relevant existing and anticipated future conditions and State and local plans; and
(iii)
identify the needs to be addressed and the goals to be achieved.
(2)
(i)
The plan shall include a statement of goals and objectives, policies, and standards.
(ii)
The statement shall:
(1)
serve as a guide for the development and economic and social well–being of the county;
(2)
be informed by intergovernmental coordination with adjacent jurisdictions and relevant regulatory authorities; and
(3)
subject to paragraph (3) of this subsection, identify strategies to be implemented, including appropriate recommended development regulations, policies, programs, and other mechanisms to address the needs and goals of the plan.
(3)
The development regulations, policies, programs, and other mechanisms included in the plan shall encourage:
(i)
the use of flexible development regulations to promote innovative and cost–saving site design, implement the planning principles, and protect the environment; and
(ii)
within the areas designated for growth in the plan:
(1)
promote economic development through the use of innovative techniques; and
(2)
provide for the streamlined review of applications for development, including permit review and subdivision plat review.
(e)
(1)
In preparing the plan, the planning commission for a charter county may request the Department of Planning to facilitate State agency assistance with available data and analysis.
(2)
The Department of Planning shall provide guidelines on how to address the elements required under this subtitle and identify best practices to be considered.
Md. Code Ann., Land Use § 1-407 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–407LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(1) of this title, the land element shall address:
(1)
the general distribution, location, and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land appropriate to the county;
(2)
desired patterns and locations of growth considering effective and efficient delivery of community facilities and public services and the protection and preservation of vulnerable natural and historic resources;
(3)
community facilities in accordance with subsection (d) of this section; and
(4)
if applicable:
(i)
mineral resources in accordance with subsection (e) of this section; and
(ii)
fisheries in accordance with subsection (f) of this section.
(b)
(1)
The land element shall be informed by the following State plans:
(i)
the Maryland the Beautiful Plan, as described in § 5–104 of the Natural Resources Article;
(ii)
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
(iii)
the Statewide Historic Preservation Plan, as required under the National Historic Preservation Act.
(2)
The Department of Planning shall:
(i)
provide a charter county with the best available population and demographic data from the U.S. Census Bureau and State–level land use data; and
(ii)
facilitate, to the extent possible, the provision of data relevant to the preparation of the land element from other State and federal agencies.
(c)
The land element may include:
(1)
designation of existing and proposed land use patterns using land use maps that depict the types of uses with ranges of density or intensity;
(2)
identification of areas of future planned mixed–use development for which special regulations may be necessary to ensure development in accordance with the principles and standards of the comprehensive plan;
(3)
identification and depiction of historic district boundaries and historically significant properties meriting protection; and
(4)
identification of areas of resource protection and preservation.
(d)
(1)
The land element shall include a community facilities subelement in accordance with this subsection.
(2)
On a schedule that extends as far into the future as is reasonable, the community facilities subelement shall propose the most appropriate and desirable patterns for the general location, character, service areas, and extent of public and semipublic buildings, land, and facilities.
(3)
The community facilities subelement may include:
(i)
fire stations;
(ii)
institutions;
(iii)
jails;
(iv)
libraries;
(v)
parks and recreation areas;
(vi)
police stations;
(vii)
schools and other educational facilities;
(viii)
cultural facilities;
(ix)
social welfare and medical facilities; and
(x)
other public office or administrative facilities.
(e)
(1)
If current geological information is available, the land element shall include a mineral resources subelement in accordance with this subsection.
(2)
The mineral resources subelement shall identify:
(i)
undeveloped land that should be kept in its undeveloped state until the land can be used to assist in providing a continuous supply of minerals, as defined in § 15–801 of the Environment Article; and
(ii)
appropriate postexcavation uses for the land that are consistent with the county’s land planning process.
(3)
The mineral resources subelement shall incorporate land use policies and recommendations for regulations to:
(i)
balance mineral resource extraction with other land uses; and
(ii)
prevent the preemption of mineral resources extraction by other uses to the extent feasible.
(4)
Before the plan is adopted, the Department of the Environment shall review the mineral resources subelement to determine whether the proposed plan is consistent with the programs and goals of the Department.
(f)
(1)
If the charter county is located on the tidal waters of the State, the land element shall include a fisheries subelement in accordance with this subsection.
(2)
The fisheries subelement shall designate areas on or near the tidal waters for:
(i)
loading, unloading, and processing finfish and shellfish; and
(ii)
docking and mooring commercial fishing boats and vessels.
(3)
The areas designated under paragraph (2) of this subsection shall be geographically located to:
(i)
facilitate the commercial harvesting of finfish and shellfish; and
(ii)
ensure reasonable access to the waterways of the State by commercial watermen.
(g)
The land element may include a priority preservation area subelement developed in accordance with § 2–518 of the Agriculture Article.
Md. Code Ann., Land Use § 1-408 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–408LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(2) of this title, the transportation element shall address:
(1)
a safe, balanced transportation system for the movement of people and goods;
(2)
a range of sustainable transportation choices for future transportation needs; and
(3)
coordination with the land element to ensure transportation efficiency for existing and planned development.
(b)
(1)
The transportation element shall be informed by the following State plans:
(i)
the Maryland Transportation Plan, as described in § 2–103.1 of the Transportation Article;
(ii)
the Statewide 20–Year Bicycle–Pedestrian Master Plan, as described in § 2–604 of the Transportation Article; and
(iii)
the Maryland State Freight Plan, as required under 49 U.S.C. § 70202.
(2)
The Department of Transportation shall:
(i)
provide a charter county with the best available State–level data; and
(ii)
facilitate, to the extent possible, the provision of data relevant to the preparation of the transportation element from other State and federal agencies.
(c)
The transportation element may include all types of:
(1)
airways;
(2)
highways or streets;
(3)
railways;
(4)
waterways;
(5)
routings for mass transit; and
(6)
terminals for individuals, goods, and vehicles related to airways, highways, railways, and waterways.
(d)
The transportation element shall:
(1)
propose, on a schedule that extends as far into the future as is reasonable, the most appropriate and desirable patterns for:
(i)
the general location, character, and extent of channels, routes, and terminals for transportation facilities; and
(ii)
the circulation of individuals and goods;
(2)
provide for bicycle and pedestrian access and travelways; and
(3)
include an estimate of the use of any proposed improvement.
Md. Code Ann., Land Use § 1-409 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–409LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Affirmatively further fair housing” has the meaning stated in § 2–401 of the Housing and Community Development Article.
(3)
“Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.
(4)
“Low–income housing” means housing that is affordable for a household with an aggregate annual income that is below 60% of the area median income.
(5)
“Workforce housing” has the meaning stated in § 4–1801 of the Housing and Community Development Article.
(b)
In addition to implementing the planning principle in § 1–201(b)(3) of this title, the housing element shall address:
(1)
the provision of an adequate supply of housing to accommodate all current and anticipated future residents of the county;
(2)
the age, structural type, value, and occupancy characteristics of the county’s housing stock;
(3)
the elimination of substandard dwelling conditions; and
(4)
the provision of adequate sites for future housing, including affordable housing.
(c)
(1)
The housing element shall be informed by the following State plans:
(i)
the Fair Housing Choice and Racial and Economic Housing Integration Report, as described in § 2–302 of the Housing and Community Development Article; and
(ii)
the State of Maryland Five Year Consolidated Plan, as required by 24 C.F.R. § 91.300.
(2)
(i)
The Department of Planning shall:
(1)
provide a charter county with the best available housing data from the U.S. Census Bureau; and
(2)
facilitate, to the extent possible, the provision of data relevant to the preparation of the housing element from other State and federal agencies.
(ii)
The Department of Housing and Community Development shall provide a charter county with the best available State–level housing data.
(d)
A housing element may include goals, objectives, policies, plans, and standards.
(e)
A housing element shall address the need for affordable housing within the county, including:
(1)
workforce housing; and
(2)
low–income housing.
(f)
(1)
A county has a duty to affirmatively further fair housing through the county’s housing and urban development programs.
(2)
The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2025, shall include an assessment of fair housing to ensure that the county is affirmatively furthering fair housing for current and future residents.
(3)
On request of a county, the Department of Planning, in consultation with the Department of Housing and Community Development, shall provide technical assistance for the purpose of developing the housing element of the comprehensive plan.
(4)
This subsection does not require a county to take, or prohibit a county from taking, a specific action to affirmatively further fair housing.
Md. Code Ann., Land Use § 1-410 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–410LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(4) of this title, the economy element shall address:
(1)
the economic base, labor force characteristics, and local economic development opportunities and resources of the county;
(2)
the categories or types of businesses and industries desired in the county; and
(3)
the coordination of information about population trends and characteristics, natural resources, community facilities and services, transportation, housing, and land use so that a strategy for the economic well–being of current and new residents of the county can be developed.
(b)
(1)
The economy element shall be informed by the following State plans:
(i)
the State Workforce Development Plan, as required under the federal Workforce Innovation and Opportunity Act for a 4–year Combined State Plan; and
(ii)
the Maryland State Plan for Postsecondary Education, as described in § 11–105 of the Education Article.
(2)
(i)
The Department of Planning shall:
(1)
provide a charter county with the best available economic development data from the U.S. Census Bureau; and
(2)
facilitate, to the extent possible, the provision of data relevant to the preparation of the economic element from other State and federal agencies.
(ii)
The Department of Commerce shall provide a charter county with the best available State–level data on economic development.
(iii)
The Department of Labor shall provide a charter county with the best available State–level data on the labor force.
(c)
The economy element may include:
(1)
an assessment of economic sectors to determine whether available jobs align with local labor force characteristics, commuting patterns, and wages paid, and what strategies could improve the existing economic situation;
(2)
an analysis of existing local economic development programs and tools, and what strategies are needed to foster economic development;
(3)
an assessment of economic assets, problems, and opportunities of the local economy in a regional context and what strategies are needed to position the local economy in the larger regional context; and
(4)
an assessment of community redevelopment opportunities and what strategies and programs should be pursued.
Md. Code Ann., Land Use § 1-411 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–411LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Environmental justice” has the meaning stated in § 1–701 of the Environment Article.
(3)
“Overburdened community” has the meaning stated in § 1–701 of the Environment Article.
(4)
“Underserved community” has the meaning stated in § 1–701 of the Environment Article.
(b)
In addition to implementing the planning principle in § 1–201(b)(5) of this title, the equity element shall address:
(1)
the needs of overburdened and underserved communities in the county; and
(2)
the interests of populations in the county that typically have not participated in the planning process.
(c)
(1)
The equity element shall be informed by the annual report of the Commission on Environmental Justice and Sustainable Communities, as described in § 1–701 of the Environment Article.
(2)
(i)
The Department of Planning shall:
(1)
provide a charter county with the best available population and demographic data from the U.S. Census Bureau; and
(2)
facilitate, to the extent possible, the provision of data relevant to the preparation of the equity element from other State and federal agencies.
(ii)
The Department of the Environment shall provide a charter county with data on environmental justice.
(d)
The equity element may include potential strategies to:
(1)
promote broader civic engagement in the public decision–making process;
(2)
reduce the unique or compounded health risks and environmental problems in overburdened and underserved communities; and
(3)
prioritize improvements and programs that address the needs of overburdened and underserved communities.
Md. Code Ann., Land Use § 1-412 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–412LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(6) of this title, the resilience element shall address:
(1)
the coordination of local preparedness efforts to identify potential threats facing the county with the long–term strategies to avoid, reduce, and recover from changing conditions and associated disasters; and
(2)
the mutual assistance needed among State and local partners to:
(i)
respond to the challenges of changing conditions and disasters, including human–caused and natural hazards; and
(ii)
build, advance, and maintain capacities related to quality of life, health and well–being, durable systems, economic vitality, human–made and nature–based infrastructure, and sustainable environmental systems.
(b)
(1)
The resilience element shall be informed by the following State plans:
(i)
the State Resilience Strategy, as described in § 14–1202 of the Public Safety Article; and
(ii)
the State of Maryland Hazard Mitigation Plan, as required under 44 C.F.R. Part 201.
(2)
The Department of Planning shall:
(i)
provide a charter county with the best available population, demographic, economic development, and housing data from the U.S. Census Bureau and other standard sources; and
(ii)
facilitate, to the extent possible, the provision of data relevant to the preparation of the resilience element from other State and federal agencies.
(c)
The resilience element may include:
(1)
an inventory of areas susceptible to natural or human–caused hazards, such as flooding, including riverine and coastal flooding, sea–level rise, and coastal storm surge, which inventory may consider the potential disaster impacts on individuals, communities, institutions, businesses, economic development, public infrastructure and facilities, and public health, safety, and welfare;
(2)
an inventory of existing resiliency conditions that promote resilient planning, design, and development, and that may be coordinated with other jurisdictions and State agencies; and
(3)
recommended strategies and policies:
(i)
to protect susceptible areas and resources and mitigate risks to public safety, critical infrastructure, historic structures, public investments, and other community resources; and
(ii)
that are intended to:
(1)
reduce risks associated with identified hazards;
(2)
adapt to changing conditions; and
(3)
promote quicker recovery after a disaster.
Md. Code Ann., Land Use § 1-413 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–413LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(7) of this title, the place element shall:
(1)
plan new or revitalized public spaces to strengthen community cohesion while contributing to public health, connecting people with cultural heritage, conserving natural resources, improving resilience, and strengthening the local economy; and
(2)
promote the active care and maintenance of public spaces by the people who live and work there, supporting the continuation of local ways of life and cultural memories.
(b)
(1)
The place element shall be informed by the following State plans:
(i)
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
(ii)
the Statewide Historic Preservation Plan, as required under the National Historic Preservation Act.
(2)
The Department of Planning shall:
(i)
provide a charter county with the best available population, demographic, economic development, and housing data from the U.S. Census Bureau and other standard sources; and
(ii)
facilitate, to the extent possible, the provision of data relevant to the preparation of the place element from other State and federal agencies.
(c)
The place element may include:
(1)
an inventory of gathering places for social interactions and centers of economic activity;
(2)
an analysis of public spaces to identify those of unique cultural and historical significance; and
(3)
recommended strategies, policies, and programs to build social cohesion and community engagement.
Md. Code Ann., Land Use § 1-414 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–414LinkCopy Citation
(a)
In addition to implementing the planning principle in § 1–201(b)(8) of this title, the ecology element shall address:
(1)
the protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality;
(2)
the protection of significant architectural, scenic, cultural, historical, or archaeological resources;
(3)
the conservation, use, and protection of natural resources;
(4)
the preservation and enhancement of prime agricultural land and strategies to encourage the compatibility of land use with agricultural and forestry operations;
(5)
the protection of a reliable supply of water and its uses and limitations;
(6)
preventing the degradation of the above resources due to future development patterns proposed in the land element;
(7)
greenhouse gas emissions from any additional vehicle miles traveled likely to result from future development patterns proposed in the land element;
(8)
sensitive areas in accordance with subsection (d) of this section; and
(9)
water resources in accordance with subsection (e) of this section.
(b)
(1)
The ecology element shall be informed by the following State plans:
(i)
Maryland’s Climate Pollution Reduction Plan, as described in § 2–1205 of the Environment Article;
(ii)
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
(iii)
the Statewide Comprehensive Outdoor Recreation Plan, as required under the federal Land and Water Conservation Fund Act of 1965.
(2)
The Department of Planning shall:
(i)
provide a charter county with the best available population, demographic, economic development, and housing data from the U.S. Census Bureau and other standard sources; and
(ii)
facilitate, to the extent possible, the provision of data relevant to the preparation of the ecology element from other State and federal agencies.
(c)
The ecology element may include:
(1)
an inventory of natural, historical, and environmentally sensitive resources;
(2)
an evaluation of the issues, problems, and opportunities associated with these resources; and
(3)
strategies and policies for the appropriate use, preservation, and protection of these resources that are consistent with the strategies and policies established for other plan elements.
(d)
(1)
The ecology element shall include a sensitive areas subelement in accordance with this subsection.
(2)
The sensitive areas subelement shall:
(i)
include goals, objectives, principles, policies, and standards designed to protect sensitive areas from the adverse effects of development;
(ii)
be informed by current State and federal requirements regarding the protection of sensitive areas; and
(iii)
indicate what additional measures, if any, the charter county proposes to implement beyond the requirements described in item (ii) of this paragraph.
(3)
A charter county shall consider wildlife movement and habitat connectivity when enacting, adopting, amending, or executing a plan in accordance with § 1–405 of this subtitle.
(4)
(i)
The Department of Natural Resources shall provide a charter county with a statewide forest resource inventory at least every 5 years, to be available for the local comprehensive plan review by the charter county required under § 1–419(a) of this subtitle.
(ii)
The Department of Planning shall coordinate with the Department of Natural Resources and the State Highway Administration to provide each charter county with updated information on habitat connectivity concerns and current and planned wildlife crossings.
(5)
Before the plan is adopted, the Department of the Environment and the Department of Natural Resources shall review the sensitive areas subelement to determine whether the proposed plan is consistent with the programs and goals of the departments.
(e)
(1)
The ecology element shall include a water resources subelement in accordance with this subsection.
(2)
Considering available data provided by the Department of the Environment, the water resources subelement shall identify:
(i)
drinking water and other water resources that will be adequate for the needs of existing and future development proposed in the land element of the plan; and
(ii)
suitable receiving waters and land areas to meet stormwater management and wastewater treatment and disposal needs of existing and future development proposed in the land element of the plan.
(3)
The Department of the Environment shall:
(i)
provide, on request of a charter county, technical assistance on the development of the water resources subelement; and
(ii)
review the water resources subelement to determine whether the proposed plan is consistent with the programs and goals of the Department of the Environment reflected in the general water resources program required under § 5–203 of the Environment Article.
Md. Code Ann., Land Use § 1-417 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–417LinkCopy Citation
In addition to the requirements for the plan under Part II of this subtitle, a planning commission shall implement the planning principles set forth in § 1–201 of this title through the plan.
Md. Code Ann., Land Use § 1-418 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–418LinkCopy Citation
(a)
The planning commission of a charter county or code county shall implement the planning principles set forth in § 1–201 of this title through the comprehensive plan elements required under Part II of this subtitle.
(b)
The legislative body of a charter county or code county that has adopted a comprehensive plan under Part II of this subtitle may adopt regulations implementing the planning principles set forth in § 1–201 of this title in the plan.
Md. Code Ann., Land Use § 1-419 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–419LinkCopy Citation
(a)
At least once every 10 years, each planning commission shall review the comprehensive plan and, if necessary, revise or amend the comprehensive plan to include all:
(1)
the elements required under Part II of this subtitle; and
(2)
the planning principles set forth in § 1–201 of this title.
(b)
The planning commission may prepare comprehensive plans for one or more geographic sections or divisions of the local jurisdiction if the plan for each geographic section or division is reviewed and, if necessary, revised or amended at least once every 10 years.
(c)
(1)
A planning commission shall notify the Department of Planning when beginning a review in accordance with subsection (a) of this section.
(2)
Within 60 days after receiving a notification under this subsection, the Department of Planning shall provide the planning commission with guidance materials relating to State laws, best practices for local comprehensive plans, and any other resources that may support the review, revision, or amendment of the comprehensive plan.
(3)
The Department of Planning shall develop and maintain the guidance materials described in paragraph (2) of this subsection in consultation with other State agencies and offices as the Department considers appropriate.
Md. Code Ann., Land Use § 1-420 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–420LinkCopy Citation
(a)
At least once every 10 years, which corresponds to the comprehensive plan revision process under § 1–419 of this subtitle, a charter county shall ensure the implementation of the planning principles, the development regulations element, and the sensitive areas element of the plan.
(b)
A charter county shall ensure that the implementation of the requirements of subsection (a) of this section are achieved through the adoption of the following applicable implementation mechanisms that are consistent with the comprehensive plan:
(1)
zoning laws; and
(2)
local laws governing:
(i)
planned development;
(ii)
subdivision; and
(iii)
other land use provisions.
Md. Code Ann., Land Use § 1-421 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Home Rule Counties
§ 1–421LinkCopy Citation
(a)
Subject to subsection (b) of this section, a charter county shall include in its comprehensive plan any plan element that is required under Part II of this subtitle in accordance with the review schedule for the local jurisdiction under § 1–420 of this subtitle.
(b)
On request of a charter county and for good cause, the Department of Planning may extend the deadline under subsection (a) of this section for that charter county by no more than two 6–month extensions.
(c)
A charter county that is not in compliance with this section after the deadline under subsection (a) of this section or after the expiration of any extension granted under subsection (b) of this section, may not change the zoning classification of a property until that charter county has complied with this section.
Subtitle 5. Growth Tiers
Md. Code Ann., Land Use § 1-501 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–501LinkCopy Citation
In this subtitle, “planning board”:
(1)
means a planning board established under this article; and
(2)
includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
Md. Code Ann., Land Use § 1-502 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–502LinkCopy Citation
On or before December 31, 2012, a local jurisdiction may adopt the mapped growth tiers in accordance with this subtitle.
Md. Code Ann., Land Use § 1-503 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–503LinkCopy Citation
Before adoption of the growth tiers, a local jurisdiction may submit the proposed tiers and any relevant information to the Department of Planning for:
(1)
technical assistance, review, and comment; and
(2)
the opportunity for public review.
Md. Code Ann., Land Use § 1-504 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–504LinkCopy Citation
After adoption of the growth tiers, the local jurisdiction shall provide to the Department of Planning all information necessary to demonstrate the precise location of the tiers, including, as appropriate:
(1)
a map of the area showing planning and zoning characteristics of each tier; and
(2)
existing and planned water and sewer services.
Md. Code Ann., Land Use § 1-505 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–505LinkCopy Citation
The Department of Planning may comment on the growth tiers adopted by the local jurisdictions.
Md. Code Ann., Land Use § 1-506 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–506LinkCopy Citation
(a)
Subject to subsections (b), (c), and (d) of this section, a local jurisdiction that chooses to adopt growth tiers is not required to adopt all of the tiers.
(b)
A municipal corporation that exercises planning and zoning authority shall adopt Tier I and may adopt Tier II.
(c)
A county shall adopt Tiers I, III, and IV, and may adopt Tier II.
(d)
If a local jurisdiction does not adopt all of the tiers authorized under this section, the local jurisdiction shall document the reasons the jurisdiction is not adopting a particular tier.
Md. Code Ann., Land Use § 1-507 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–507LinkCopy Citation
(a)
If the Department of Planning comments under § 1–505 of this subtitle on any of the tiers or on an area within one of the tiers, the local legislative body or the planning board shall hold at least one public hearing on the comments by the Department of Planning.
(b)
The local legislative body or the planning board shall review the mapped growth tiers adopted by the local jurisdiction in light of the comments by the Department of Planning.
(c)
If the planning board holds the public hearing under subsection (a) of this section, after the public hearing and the consideration of the comments by the Department of Planning, the planning board shall recommend to the local jurisdiction that either the tiers or an area within the tiers:
(1)
be changed; or
(2)
that the adopted tiers remain unchanged.
(d)
If the planning board recommends that the tiers or an area within the tiers be changed under subsection (c) of this section, the planning board shall provide the recommended mapped growth tier changes to the local jurisdiction.
Md. Code Ann., Land Use § 1-508 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–508LinkCopy Citation
(a)
The growth tiers adopted by a local jurisdiction shall meet the following criteria:
(1)
Tier I areas are areas that are:
(i)
served by public sewerage systems and mapped locally designated growth areas; or
(ii)
a municipal corporation that is a priority funding area that is served by public sewerage systems;
(2)
Tier II areas are areas that are:
(i)
(1)
planned to be served by public sewerage systems and in the municipal growth element; or
(2)
mapped locally designated growth areas; and
(ii)
needed to satisfy demand for development at densities consistent with the long–term development policy after consideration of the capacity of land areas available for development, including in–fill and redevelopment, within the local jurisdiction;
(3)
Tier III areas are areas that:
(i)
are not planned for sewerage service and not dominated by agricultural or forest land;
(ii)
are not planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; and
(iii)
are one of the following:
(1)
municipal corporations not served by a public sewerage system;
(2)
rural villages as described in § 5–7B–03(f) of the State Finance and Procurement Article;
(3)
mapped locally designated growth areas; or
(4)
areas planned and zoned for large lot and rural development; and
(4)
Tier IV areas are areas that are not planned for sewerage service and are:
(i)
areas planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation;
(ii)
areas dominated by agricultural lands, forest lands, or other natural areas; or
(iii)
rural legacy areas, priority preservation areas, or areas subject to covenants, restrictions, conditions, or conservation easements for the benefit of, or held by a State agency, as defined in § 9–206 of the Environment Article, or a local jurisdiction for the purpose of conserving natural resources or agricultural land.
(b)
A local jurisdiction shall strive to avoid creating a Tier III area that is bounded on all sides by land in a Tier IV area.
Md. Code Ann., Land Use § 1-509 (2026)
Title 1. Definitions; General Provisions
Subtitle 5. Growth Tiers
§ 1–509LinkCopy Citation
(a)
A local jurisdiction that adopts growth tiers shall incorporate the tiers into the comprehensive plan or an element of the plan:
(1)
when the local jurisdiction conducts the 10–year review of the plan under § 1–416(a) of this title or § 3–301(a) of this article; and
(2)
in accordance with the requirements of this section.
(b)
If a local jurisdiction does not incorporate all of the growth tiers authorized under this section into the comprehensive plan or an element of the plan, the local jurisdiction shall state that a tier is not adopted.