Title 1. Definitions; General Provisions — Subtitle 2. General Provisions
Statutes in effect as of October 1, 2026.
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.