§ 1–407
Statutes in effect as of October 1, 2026.
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.