In this subtitle, “planning board”: means a planning board established under this article; and includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.

On or before December 31, 2012, a local jurisdiction may adopt the mapped growth tiers in accordance with this subtitle.

Before adoption of the growth tiers, a local jurisdiction may submit the proposed tiers and any relevant information to the Department of Planning for: technical assistance, review, and comment; and the opportunity for public review.

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: a map of the area showing planning and zoning characteristics of each tier; and existing and planned water and sewer services.

The Department of Planning may comment on the growth tiers adopted by the local jurisdictions.

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. A municipal corporation that exercises planning and zoning authority shall adopt Tier I and may adopt Tier II. A county shall adopt Tiers I, III, and IV, and may adopt Tier II. 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.

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. 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. 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: be changed; or that the adopted tiers remain unchanged. 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.

The growth tiers adopted by a local jurisdiction shall meet the following criteria: Tier I areas are areas that are: served by public sewerage systems and mapped locally designated growth areas; or a municipal corporation that is a priority funding area that is served by public sewerage systems; Tier II areas are areas that are: planned to be served by public sewerage systems and in the municipal growth element; or mapped locally designated growth areas; and 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; Tier III areas are areas that: are not planned for sewerage service and not dominated by agricultural or forest land; are not planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; and are one of the following: municipal corporations not served by a public sewerage system; rural villages as described in § 5–7B–03(f) of the State Finance and Procurement Article; mapped locally designated growth areas; or areas planned and zoned for large lot and rural development; and Tier IV areas are areas that are not planned for sewerage service and are: areas planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; areas dominated by agricultural lands, forest lands, or other natural areas; or 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. 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.

A local jurisdiction that adopts growth tiers shall incorporate the tiers into the comprehensive plan or an element of the plan: 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 in accordance with the requirements of this section. 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.