Title 17. Powers and Property — Subtitle 2. Use of Property
Statutes in effect as of October 1, 2026.
Md. Code Ann., Land Use § 17-201 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–201LinkCopy Citation
(a)
The State or the Commission, as appropriate, shall hold any land acquired under this division to which it takes title:
(1)
for the general benefit of the residents of the State; and
(2)
especially for the benefit of the residents in the metropolitan district.
(b)
Without the approval of the Commission by resolution:
(1)
title to the land may not be conveyed by the State; or
(2)
public use may not be terminated.
Md. Code Ann., Land Use § 17-202 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–202LinkCopy Citation
(a)
This division does not limit the police power of the State, either county, or any municipal corporation where any park, road, or public space is located.
(b)
The concurrent police power of a municipal corporation extends only to areas located within its boundaries for purposes of this division.
Md. Code Ann., Land Use § 17-203 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–203LinkCopy Citation
(a)
All property acquired by the Commission for any purpose specified in this subtitle and Subtitle 1 of this title is exempt from State, county, and municipal taxes.
(b)
All land dedicated to the Commission in accordance with county subdivision regulations is property acquired by the Commission within the meaning of this section.
Md. Code Ann., Land Use § 17-204 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–204LinkCopy Citation
(a)
(1)
The Commission may lease to any responsible person any land in the metropolitan district acquired for park purposes under this division.
(2)
(i)
The term of a lease may not exceed 20 years without the prior approval of the lease by legislative enactment of the county where the lease property is located.
(ii)
The initial term of a lease may not exceed 40 years.
(iii)
A lease may be renewed for additional terms not exceeding 10 years each.
(3)
A lease agreement shall contain provisions for reversion without cost to the Commission of the property and its improvements regardless of whether the improvements were added to the property by the lessee during the term of the lease or any extension of the lease.
(b)
(1)
The Commission may grant privileges, permits, and concessions, and may enter into contracts relating to them, with any responsible person to engage in any business or enterprise on land in the metropolitan district acquired for park purposes under this division.
(2)
Any privilege, permit, or concession granted under this subsection shall be on terms and conditions the Commission considers advantageous to the development of the park system as a part of the plan for the physical development of the metropolitan district and the plan of the regional district within the metropolitan district.
(c)
(1)
The purpose for which property is leased, or for which a privilege, permit, or concession is granted, may not be inconsistent with the use of the property for park purposes.
(2)
Any lease or contract executed under this section shall contain a condition stating specifically the purposes for which the property is leased or for which the privilege, permit, or concession is granted.
(3)
An agreement the Commission enters into in accordance with this division shall contain provisions prohibiting the assignment of the agreement without the consent of the Commission.
(d)
In Montgomery County, a lease, contract, or agreement entered into under this section may not:
(1)
authorize a person other than the Commission to close a park or park facility; or
(2)
grant a person other than the Commission the authority to close or require the closing of an existing park or park facility under the jurisdiction of the Commission to prevent competition.
(e)
This division does not limit the Commission’s authority to require an agreement to contain more restrictive provisions the Commission considers to be in the public interest.
Md. Code Ann., Land Use § 17-205 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–205LinkCopy Citation
The Commission may transfer any land that it holds under this title and determines not to be needed for park purposes or other purposes authorized under this title.
Md. Code Ann., Land Use § 17-206 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–206LinkCopy Citation
(a)
The Commission:
(1)
may sell or otherwise dispose of any playground or recreational facility no longer needed for public use; and
(2)
shall use the proceeds of the sale or disposition for the construction, acquisition, or improvement of any other playground or recreational facility in the metropolitan district.
(b)
(1)
Except for parkland acquired under an agreement with the National Capital Planning Commission, the Commission may exchange playground or recreational land held or acquired by the Commission in its own name or in the name of the State for any other land held or acquired by the United States, the State, or any other public body or agency, which the Commission determines to be more suitable for playground and recreational purposes.
(2)
An exchange under this subsection:
(i)
may be accompanied by a partial cash payment moving either to or from the Commission; and
(ii)
shall be considered an acquisition of land for the public uses provided in this title.
Md. Code Ann., Land Use § 17-207 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–207LinkCopy Citation
(a)
The Commission may adopt regulations for the use of any property under its jurisdiction.
(b)
(1)
Subject to paragraph (2) of this subsection, on or before June 30, 2016, the Commission shall adopt regulations to prohibit on property under its jurisdiction the smoking of:
(i)
a cigarette;
(ii)
a cigar; or
(iii)
any other tobacco product.
(2)
The regulations adopted in accordance with this subsection:
(i)
may exclude from the prohibition any designated venue or facility reasonably determined by the Commission to be appropriate for the purpose of generating admission fees, rental fees, or similar charges for use of Commission property; and
(ii)
shall provide that the following penalties be imposed:
(1)
for a first infraction, a warning; and
(2)
for a second or subsequent infraction, a $25 fine.
(c)
(1)
The Commission shall:
(i)
post the regulations outside each park headquarters building, community center, recreation center, or similar building in a developed park area; and
(ii)
after posting the regulations, publish them at least three times within 60 days in one or more newspapers of general circulation published in the metropolitan district.
(2)
The posting and publication of the regulations shall be sufficient notice to all persons.
(3)
The sworn certificate of a commissioner as to the posting and publication of the regulations is prima facie evidence of posting and publication.
Md. Code Ann., Land Use § 17-208 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–208LinkCopy Citation
(a)
(1)
A violation of a regulation under § 17–207 of this subtitle is a Commission infraction unless the violation is declared by law to be a crime.
(2)
(i)
A Commission infraction is a civil offense.
(ii)
The adjudication of a Commission infraction:
(1)
is not a criminal conviction; and
(2)
does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(b)
(1)
A Commission park police officer may deliver a citation to any person charged with a Commission infraction.
(2)
The Commission shall:
(i)
retain a copy of the citation; and
(ii)
include on the citation a certification attesting to the truth of the matter specified in the citation.
(3)
The citation shall also contain:
(i)
the name and address of the person charged;
(ii)
the nature of the infraction;
(iii)
the location and time that the infraction occurred;
(iv)
the amount of the fine assessed for the infraction;
(v)
the manner, location, and time in which the fine may be paid to the Commission; and
(vi)
notice of the person’s right to a trial for the infraction.
(c)
(1)
The Commission may:
(i)
establish a schedule of fines for each conviction of a Commission infraction;
(ii)
impose a fine not to exceed $50 for each conviction of a Commission infraction; and
(iii)
impose a fine not to exceed $100 for each repeat violation.
(2)
The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 days after the receipt of the citation.
(d)
(1)
If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the infraction to the person’s last known address.
(2)
A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine.
(3)
(i)
If the fine is not paid within 35 days after the date of notice, the Commission may request adjudication of the case through the District Court.
(ii)
The District Court promptly shall schedule the case for trial and summon the defendant to appear.
(e)
(1)
A person who receives a citation for a Commission infraction may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial.
(2)
The notice shall be given at least 5 days before the payment due date specified in the citation.
(3)
On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.
(4)
On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and the Commission of the trial date.
(5)
The District Court shall remit to the Commission all fines, penalties, or forfeitures the District Court collects for Commission infractions.
(f)
A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed:
(1)
$50 for a first violation; or
(2)
$100 for a repeat violation.
(g)
In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as provided for municipal infractions under §§ 6–102 through 6–115 of the Local Government Article.
Md. Code Ann., Land Use § 17-209 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–209LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Animal” means any bird or mammal or any part, egg, offspring, or dead body part of any bird or mammal.
(3)
“Hunt” means to pursue, capture, kill, gig, trap, shoot, or attempt to pursue, capture, kill, gig, trap, or shoot, or in any manner reduce any animal to personal possession.
(b)
A person may not hunt an animal on property owned by, operated by, or leased by the Commission without prior written authorization from the Commission.
(c)
For the purpose of this section, each animal taken illegally by hunting, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate violation.
(d)
(1)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(i)
for a first violation, a fine not exceeding $1,500, with costs imposed at the discretion of the court; and
(ii)
for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $4,000 or both, with costs imposed at the discretion of the court.
(2)
For the purpose of this subsection, a subsequent violation is a violation that:
(i)
occurs within 2 years after any prior violation of this section; and
(ii)
arises out of a separate set of circumstances.
(3)
In addition to the penalties in paragraph (1)(ii) of this subsection, the court may order the license under which the person operated in committing the violation to be suspended for 12 months from the date of the subsequent conviction.
(e)
(1)
The Commission may adopt regulations necessary to administer and enforce this section.
(2)
Violation of any regulation adopted by the Commission under this subsection is a misdemeanor and is punishable as provided in subsection (d) of this section.
(f)
(1)
The Chief Judge of the District Court may establish, by administrative regulation under § 1–605 of the Courts Article, a schedule of prepayable fines for a first offense misdemeanor violation of this section and regulations adopted under this section.
(2)
The amount of a prepayable fine may be not more than the maximum and not less than the minimum criminal penalty established in this section.
(3)
By paying a fine set under this section instead of appearing for trial in District Court, a person is voluntarily accepting a conviction for the violation charged.
(g)
If the District Court or circuit court imposes a fine for a violation of this section, the court shall collect the fine and remit it to the Commission.
Md. Code Ann., Land Use § 17-210 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–210LinkCopy Citation
(a)
If a park police officer apprehends a person for violating any law punishable as a misdemeanor under § 17–209 of this subtitle, the officer may prepare and sign a written citation.
(b)
A citation issued under subsection (a) of this section shall include:
(1)
a notice to appear in court;
(2)
the name and address of the person charged;
(3)
appropriate license numbers, if any;
(4)
the violation charged;
(5)
the time and place the person shall appear in court; and
(6)
other pertinent information the Commission requires.
(c)
(1)
A person charged under subsection (a) of this section may give a written promise to appear in court by signing the citation prepared by the officer.
(2)
An officer shall arrest a person charged under subsection (a) of this section if:�
(i)
the person does not furnish satisfactory identification;
(ii)
the officer has reasonable grounds to believe the person will disregard a written promise to appear; or
(iii)
the person refuses to sign a written promise to appear.
(d)
A person shall comply with the written promise to appear in court unless the person:
(1)
posts sufficient collateral for the violation;
(2)
pays the fine in advance of trial; or
(3)
is represented by counsel in court.
(e)
(1)
If a person fails to comply with the notice to appear in a citation issued under this section, the court may:
(i)
except as provided in paragraph (4) of this subsection, issue a warrant for the person’s arrest; or
(ii)
after 5 days, notify the court clerk of the person’s noncompliance.
(2)
On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that the court may issue a warrant for the person’s arrest unless, within 15 days after the notice is mailed, the person:
(i)
pays the fine on the charge as provided for in the original citation and an additional fine of $100 for failing to appear; or
(ii)
posts bond or a penalty deposit and requests a new trial date.
(3)
If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant for the person’s arrest.
(4)
If the original violation is not punishable by imprisonment, the court may not issue a warrant for the person’s arrest under this subsection for at least 20 days after the original trial date.
Md. Code Ann., Land Use § 17-211 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–211LinkCopy Citation
The Commission may assign living quarters in a house or building in its jurisdiction to a person:
(1)
connected with the Commission; and
(2)
having the duties of caretaker or supervisory attention over the house or building.
Md. Code Ann., Land Use § 17-212 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–212LinkCopy Citation
(a)
The Commission may:
(1)
except as provided in subsection (c) of this section, name and rename any street or highway and number and renumber the houses in the regional district if each new number or change of number is reported to the owner or occupant of the building for the purpose of:
(i)
correcting mistakes;
(ii)
removing confusion because of a duplication of street names; and
(iii)
securing a uniformity of street names and numbering of houses;
(2)
place or have placed new numbers on the buildings or premises and proper signs indicating the names of streets and highways; and
(3)
appropriate and expend as much of any surplus from fees for building permits issued in each county as is necessary to pay for the expenses in carrying out this section.
(b)
(1)
The Commission may adopt reasonable regulations for carrying out any changes in street or highway names or the numbering of houses.
(2)
A violation of a regulation adopted under this subsection is a misdemeanor punishable under the general penalty provisions of this division.
(c)
(1)
The Commission may not rename any street or renumber any house located in a municipal corporation in Prince George’s County unless the proposed change is approved by the legislative body of the municipal corporation.
(2)
(i)
Any party aggrieved by the refusal of a municipal corporation to approve a proposed change may appeal to the Prince George’s County Council.
(ii)
After public hearing and on a finding of need for public health, safety, and welfare, the County Council by resolution may authorize the change notwithstanding the objections of the municipal corporation.
(iii)
The resolution shall require the affirmative vote of two–thirds of all the members of the County Council.
Md. Code Ann., Land Use § 17-213 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–213LinkCopy Citation
(a)
(1)
If in the Commission’s judgment it is necessary to provide for flood control in the metropolitan district, the Commission may condemn land and easements necessary in the construction of levees and other flood control works.
(2)
The condemnation proceedings shall be in accordance with the general powers provided in this division.
(3)
The Commission may assume all damages incident to any flood control works or improvements that it finds necessary to construct, except damages to land and easements of railroads or other public utilities.
(4)
The Commission may agree to:
(i)
furnish, without cost to the United States, all land and easements that may be necessary in the construction of any flood control works or improvements; and
(ii)
take over, operate, and maintain the works when constructed.
(b)
The Commission may use for park purposes the land acquired for flood control and navigation projects as provided in Title 25, Subtitle 7 of this article.
Md. Code Ann., Land Use § 17-214 (2026)
Title 17. Powers and Property
Subtitle 2. Use of Property
§ 17–214LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“High performance building” means a building that:
(i)
meets or exceeds the current version of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or
(ii)
achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services.
(3)
“Major renovation” means the renovation of a building where:
(i)
the building shell is to be reused for the new construction;
(ii)
the heating, ventilating, and air–conditioning (HVAC), electrical, and plumbing systems are to be replaced; and
(iii)
the scope of the renovation is 7,500 square feet or greater.
(b)
It is the intent of the General Assembly that, to the extent practicable:
(1)
the Commission shall employ green building technologies when constructing or renovating a Commission–owned building not subject to this section; and
(2)
high performance buildings shall meet the criteria and standards established under the “High Efficiency Green Building Program” adopted by the Maryland Green Building Council.
(c)
Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building.
(d)
The following types of buildings are not required to be constructed or renovated to be high performance buildings:
(1)
warehouse and storage facilities;
(2)
garages;
(3)
maintenance facilities;
(4)
transmitter buildings;
(5)
cabins, pavilions, and other structures intended for open air or rustic uses;
(6)
buildings of historic significance; and
(7)
other similar types of buildings, as determined by the Commission.
(e)
(1)
The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section.
(2)
On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable.
(3)
The Commission shall disclose any waiver issued under this subsection in the capital improvements program required under § 18–113 of this article.