Except as provided in this section, this division does not apply to charter counties.
The following provisions of this division apply to a charter county:
this subtitle, including Parts II and III (Charter county – Comprehensive plans);
§ 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, and “Sensitive area”);
§ 1–201 (Planning principles);
§ 1–206 (Required education);
§ 1–207 (Annual report – In general);
§ 1–208 (Annual report – Measures and indicators);
Title 1, Subtitle 3 (Consistency);
Title 1, Subtitle 5 (Growth Tiers);
§ 4–104(c) (Limitations – Parking);
§ 4–104(d) (Limitations – Manufactured homes and modular dwellings);
§ 4–104(e) (Limitations – Mixed–use developments);
§ 4–104(f) (Limitations – Land for transportation use);
§ 4–208 (Exceptions – Maryland Accessibility Code);
§ 4–210 (Permits and variances – Solar panels);
§ 4–211 (Change in zoning classification – Energy generating systems);
§ 4–212 (Agritourism);
§ 4–213 (Alcohol production);
§ 4–214 (Agricultural alcohol production);
§ 4–215 (Pollinator–friendly vegetation management);
§ 4–216 (Limitations – Family child care homes and large family child care homes);
§ 4–217 (Patuxent Research Refuge);
Title 4, Subtitle 5 (Accessory Dwelling Units);
§ 5–102(d) (Subdivision regulations – Burial sites);
§ 5–104 (Major subdivision – Review);
Title 7, Subtitle 1 (Development Mechanisms);
Title 7, Subtitle 2 (Transfer of Development Rights);
except in Montgomery County or Prince George’s County, Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);
Title 7, Subtitle 4 (Inclusionary Zoning);
Title 7, Subtitle 5 (Housing Expansion and Affordability);
§ 8–401 (Conversion of overhead facilities);
for Baltimore County only, Title 9, Subtitle 3 (Single–County Provisions – Baltimore County);
for Frederick County only, Title 9, Subtitle 10 (Single–County Provisions – Frederick County);
for Howard County only, Title 9, Subtitle 13 (Single–County Provisions – Howard County);
for Talbot County only, Title 9, Subtitle 18 (Single–County Provisions – Talbot County);
Title 11, Subtitle 2 (Civil Penalty); and
Title 12 (Maryland Housing Certainty Act).
This section supersedes any inconsistent provision of Division II of this article.
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.
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.
This section applies in code counties only in the Southern Maryland class, as established in § 9–302 of the Local Government Article.
A county may provide in the county’s subdivision regulations for:
the dedication of real property for recreation; or
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.
A charter county shall enact, adopt, amend, and execute a plan in accordance with this part and Part III of this subtitle.
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:
a land element;
a transportation element;
a housing element;
an economy element;
an equity element;
a resilience element;
a place element; and
an ecology element.
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.
The planning commission for a charter county shall:
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
determine whether to include additional elements in the plan.
Elements may be formatted as individual chapters or addressed in multiple chapters.
Each element required under this section shall:
include and address all required subelements;
be informed by relevant existing and anticipated future conditions and State and local plans; and
identify the needs to be addressed and the goals to be achieved.
The plan shall include a statement of goals and objectives, policies, and standards.
The statement shall:
serve as a guide for the development and economic and social well–being of the county;
be informed by intergovernmental coordination with adjacent jurisdictions and relevant regulatory authorities; and
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.
The development regulations, policies, programs, and other mechanisms included in the plan shall encourage:
the use of flexible development regulations to promote innovative and cost–saving site design, implement the planning principles, and protect the environment; and
within the areas designated for growth in the plan:
promote economic development through the use of innovative techniques; and
provide for the streamlined review of applications for development, including permit review and subdivision plat review.
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.
The Department of Planning shall provide guidelines on how to address the elements required under this subtitle and identify best practices to be considered.
In addition to implementing the planning principle in § 1–201(b)(1) of this title, the land element shall address:
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;
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;
community facilities in accordance with subsection (d) of this section; and
if applicable:
mineral resources in accordance with subsection (e) of this section; and
fisheries in accordance with subsection (f) of this section.
The land element shall be informed by the following State plans:
the Maryland the Beautiful Plan, as described in § 5–104 of the Natural Resources Article;
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
the Statewide Historic Preservation Plan, as required under the National Historic Preservation Act.
The Department of Planning shall:
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
facilitate, to the extent possible, the provision of data relevant to the preparation of the land element from other State and federal agencies.
The land element may include:
designation of existing and proposed land use patterns using land use maps that depict the types of uses with ranges of density or intensity;
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;
identification and depiction of historic district boundaries and historically significant properties meriting protection; and
identification of areas of resource protection and preservation.
The land element shall include a community facilities subelement in accordance with this subsection.
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.
The community facilities subelement may include:
fire stations;
institutions;
jails;
libraries;
parks and recreation areas;
police stations;
schools and other educational facilities;
cultural facilities;
social welfare and medical facilities; and
other public office or administrative facilities.
If current geological information is available, the land element shall include a mineral resources subelement in accordance with this subsection.
The mineral resources subelement shall identify:
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
appropriate postexcavation uses for the land that are consistent with the county’s land planning process.
The mineral resources subelement shall incorporate land use policies and recommendations for regulations to:
balance mineral resource extraction with other land uses; and
prevent the preemption of mineral resources extraction by other uses to the extent feasible.
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.
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.
The fisheries subelement shall designate areas on or near the tidal waters for:
loading, unloading, and processing finfish and shellfish; and
docking and mooring commercial fishing boats and vessels.
The areas designated under paragraph (2) of this subsection shall be geographically located to:
facilitate the commercial harvesting of finfish and shellfish; and
ensure reasonable access to the waterways of the State by commercial watermen.
The land element may include a priority preservation area subelement developed in accordance with § 2–518 of the Agriculture Article.
In addition to implementing the planning principle in § 1–201(b)(2) of this title, the transportation element shall address:
a safe, balanced transportation system for the movement of people and goods;
a range of sustainable transportation choices for future transportation needs; and
coordination with the land element to ensure transportation efficiency for existing and planned development.
The transportation element shall be informed by the following State plans:
the Maryland Transportation Plan, as described in § 2–103.1 of the Transportation Article;
the Statewide 20–Year Bicycle–Pedestrian Master Plan, as described in § 2–604 of the Transportation Article; and
the Maryland State Freight Plan, as required under 49 U.S.C. § 70202.
The Department of Transportation shall:
provide a charter county with the best available State–level data; and
facilitate, to the extent possible, the provision of data relevant to the preparation of the transportation element from other State and federal agencies.
The transportation element may include all types of:
airways;
highways or streets;
railways;
waterways;
routings for mass transit; and
terminals for individuals, goods, and vehicles related to airways, highways, railways, and waterways.
The transportation element shall:
propose, on a schedule that extends as far into the future as is reasonable, the most appropriate and desirable patterns for:
the general location, character, and extent of channels, routes, and terminals for transportation facilities; and
the circulation of individuals and goods;
provide for bicycle and pedestrian access and travelways; and
include an estimate of the use of any proposed improvement.
In this section the following words have the meanings indicated.
“Affirmatively further fair housing” has the meaning stated in § 2–401 of the Housing and Community Development Article.
“Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.
“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.
“Workforce housing” has the meaning stated in § 4–1801 of the Housing and Community Development Article.
In addition to implementing the planning principle in § 1–201(b)(3) of this title, the housing element shall address:
the provision of an adequate supply of housing to accommodate all current and anticipated future residents of the county;
the age, structural type, value, and occupancy characteristics of the county’s housing stock;
the elimination of substandard dwelling conditions; and
the provision of adequate sites for future housing, including affordable housing.
The housing element shall be informed by the following State plans:
the Fair Housing Choice and Racial and Economic Housing Integration Report, as described in § 2–302 of the Housing and Community Development Article; and
the State of Maryland Five Year Consolidated Plan, as required by 24 C.F.R. § 91.300.
The Department of Planning shall:
provide a charter county with the best available housing data from the U.S. Census Bureau; and
facilitate, to the extent possible, the provision of data relevant to the preparation of the housing element from other State and federal agencies.
The Department of Housing and Community Development shall provide a charter county with the best available State–level housing data.
A housing element may include goals, objectives, policies, plans, and standards.
A housing element shall address the need for affordable housing within the county, including:
workforce housing; and
low–income housing.
A county has a duty to affirmatively further fair housing through the county’s housing and urban development programs.
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.
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.
This subsection does not require a county to take, or prohibit a county from taking, a specific action to affirmatively further fair housing.
In addition to implementing the planning principle in § 1–201(b)(4) of this title, the economy element shall address:
the economic base, labor force characteristics, and local economic development opportunities and resources of the county;
the categories or types of businesses and industries desired in the county; and
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.
The economy element shall be informed by the following State plans:
the State Workforce Development Plan, as required under the federal Workforce Innovation and Opportunity Act for a 4–year Combined State Plan; and
the Maryland State Plan for Postsecondary Education, as described in § 11–105 of the Education Article.
The Department of Planning shall:
provide a charter county with the best available economic development data from the U.S. Census Bureau; and
facilitate, to the extent possible, the provision of data relevant to the preparation of the economic element from other State and federal agencies.
The Department of Commerce shall provide a charter county with the best available State–level data on economic development.
The Department of Labor shall provide a charter county with the best available State–level data on the labor force.
The economy element may include:
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;
an analysis of existing local economic development programs and tools, and what strategies are needed to foster economic development;
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
an assessment of community redevelopment opportunities and what strategies and programs should be pursued.
In this section the following words have the meanings indicated.
“Environmental justice” has the meaning stated in § 1–701 of the Environment Article.
“Overburdened community” has the meaning stated in § 1–701 of the Environment Article.
“Underserved community” has the meaning stated in § 1–701 of the Environment Article.
In addition to implementing the planning principle in § 1–201(b)(5) of this title, the equity element shall address:
the needs of overburdened and underserved communities in the county; and
the interests of populations in the county that typically have not participated in the planning process.
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.
The Department of Planning shall:
provide a charter county with the best available population and demographic data from the U.S. Census Bureau; and
facilitate, to the extent possible, the provision of data relevant to the preparation of the equity element from other State and federal agencies.
The Department of the Environment shall provide a charter county with data on environmental justice.
The equity element may include potential strategies to:
promote broader civic engagement in the public decision–making process;
reduce the unique or compounded health risks and environmental problems in overburdened and underserved communities; and
prioritize improvements and programs that address the needs of overburdened and underserved communities.
In addition to implementing the planning principle in § 1–201(b)(6) of this title, the resilience element shall address:
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
the mutual assistance needed among State and local partners to:
respond to the challenges of changing conditions and disasters, including human–caused and natural hazards; and
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.
The resilience element shall be informed by the following State plans:
the State Resilience Strategy, as described in § 14–1202 of the Public Safety Article; and
the State of Maryland Hazard Mitigation Plan, as required under 44 C.F.R. Part 201.
The Department of Planning shall:
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
facilitate, to the extent possible, the provision of data relevant to the preparation of the resilience element from other State and federal agencies.
The resilience element may include:
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;
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
recommended strategies and policies:
to protect susceptible areas and resources and mitigate risks to public safety, critical infrastructure, historic structures, public investments, and other community resources; and
that are intended to:
reduce risks associated with identified hazards;
adapt to changing conditions; and
promote quicker recovery after a disaster.
In addition to implementing the planning principle in § 1–201(b)(7) of this title, the place element shall:
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
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.
The place element shall be informed by the following State plans:
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
the Statewide Historic Preservation Plan, as required under the National Historic Preservation Act.
The Department of Planning shall:
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
facilitate, to the extent possible, the provision of data relevant to the preparation of the place element from other State and federal agencies.
The place element may include:
an inventory of gathering places for social interactions and centers of economic activity;
an analysis of public spaces to identify those of unique cultural and historical significance; and
recommended strategies, policies, and programs to build social cohesion and community engagement.
In addition to implementing the planning principle in § 1–201(b)(8) of this title, the ecology element shall address:
the protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality;
the protection of significant architectural, scenic, cultural, historical, or archaeological resources;
the conservation, use, and protection of natural resources;
the preservation and enhancement of prime agricultural land and strategies to encourage the compatibility of land use with agricultural and forestry operations;
the protection of a reliable supply of water and its uses and limitations;
preventing the degradation of the above resources due to future development patterns proposed in the land element;
greenhouse gas emissions from any additional vehicle miles traveled likely to result from future development patterns proposed in the land element;
sensitive areas in accordance with subsection (d) of this section; and
water resources in accordance with subsection (e) of this section.
The ecology element shall be informed by the following State plans:
Maryland’s Climate Pollution Reduction Plan, as described in § 2–1205 of the Environment Article;
the Maryland Land Preservation and Recreation Plan, as described in § 5–906 of the Natural Resources Article; and
the Statewide Comprehensive Outdoor Recreation Plan, as required under the federal Land and Water Conservation Fund Act of 1965.
The Department of Planning shall:
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
facilitate, to the extent possible, the provision of data relevant to the preparation of the ecology element from other State and federal agencies.
The ecology element may include:
an inventory of natural, historical, and environmentally sensitive resources;
an evaluation of the issues, problems, and opportunities associated with these resources; and
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.
The ecology element shall include a sensitive areas subelement in accordance with this subsection.
The sensitive areas subelement shall:
include goals, objectives, principles, policies, and standards designed to protect sensitive areas from the adverse effects of development;
be informed by current State and federal requirements regarding the protection of sensitive areas; and
indicate what additional measures, if any, the charter county proposes to implement beyond the requirements described in item (ii) of this paragraph.
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.
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.
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.
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.
The ecology element shall include a water resources subelement in accordance with this subsection.
Considering available data provided by the Department of the Environment, the water resources subelement shall identify:
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
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.
The Department of the Environment shall:
provide, on request of a charter county, technical assistance on the development of the water resources subelement; and
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.
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.
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.
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.
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:
the elements required under Part II of this subtitle; and
the planning principles set forth in § 1–201 of this title.
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.
A planning commission shall notify the Department of Planning when beginning a review in accordance with subsection (a) of this section.
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.
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.
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.
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:
zoning laws; and
local laws governing:
planned development;
subdivision; and
other land use provisions.
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.
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.
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.