# Land Use (GLU)

## Title 20. Maryland-Washington Regional District

### Subtitle 1. General Provisions

#### Section 20-101

(a) There is a Maryland-Washington Regional District.

(b) The regional district consists of:

  (1) the entire area of Montgomery County, subject to the limitations in Subtitle 7, Part I of this title and Title 24, Subtitle 2 of this article; and

  (2) the entire area of Prince George's County, except for the City of Laurel as it existed on July 1, 2013.

### Subtitle 2. County Planning Boards

#### Section 20-201

The commissioners from each county are designated as the Montgomery County Planning Board or the Prince George's County Planning Board, respectively.

#### Section 20-202

(a)

  (1) Subject to paragraph (2) of this subsection, a county planning board:

    (i) is responsible for planning, subdivision, and zoning functions that are primarily local in scope; and

    (ii) shall exercise, within the county planning board's jurisdiction, the following powers:

      (1) planning;

      (2) zoning;

      (3) subdivision;

      (4) assignment of street names and house numbers; and

      (5) any related matter.

  (2) The functions under paragraph (1) of this subsection do not include the regional planning functions of the Commission relating to or affecting the regional district as a planning unit.

(b)

  (1) A county planning board has exclusive jurisdiction over:

    (i) local functions, including:

      (1) the administration of subdivision regulations;

      (2) the preparation and adoption of recommendations to the district council with respect to zoning map amendments; and

      (3) the assignment of street names and house numbers in the regional district; and

    (ii) mandatory referrals made in accordance with Subtitle 3, Part I of this title by the county planning board's respective county government or any unit of the county government.

  (2) The Montgomery County Planning Board has exclusive jurisdiction over a mandatory referral made in accordance with Subtitle 3, Part I of this title by the County Board of Education, a municipal corporation or special taxing district, or a publicly owned or privately owned public utility.

(c)

  (1) Subject to paragraph (2) of this subsection, the Montgomery County Planning Board shall:

    (i) review the annual capital budgets of the county and future capital budget projections; and

    (ii) submit recommendations to the county council.

  (2) The county government shall have sole responsibility for the preparation of the capital budgets and programs of public works.

(d) Each county planning board shall:

  (1) meet from time to time with its respective county council; and

  (2) perform surveys, studies, and other planning duties the county council assigns to the county planning board.

(e)

  (1) This subsection applies only to the Montgomery County Planning Board.

  (2) The Board shall:

    (i) except as provided in paragraph (5) of this subsection, stream live video or live teleconference audio or other audio of the open meetings of the Board;

    (ii) maintain on its website a complete and unedited archived recording of each open meeting that is livestreamed in accordance with this subsection; and

    (iii) notwithstanding Sec. 3-306(b)(2)(i) of the General Provisions Article:

      (1) prepare minutes of each meeting as soon as practicable after the meeting; and

      (2) publish and maintain on its website the minutes of each open meeting prepared in accordance with this subsection.

  (3) The inability of the Board to comply with paragraph (2)(i) and (ii) of this subsection due to technical failure that entirely prevents or otherwise affects the quality of the live video or audio streaming of a meeting of the Board does not affect the validity of any action taken by the Board during the meeting if:

    (i) the Board otherwise complies with this subsection and the Open Meetings Act; and

    (ii) the inability to comply is not due to willful action by the Board.

  (4) In addition to complying with the minutes requirements of the Open Meetings Act under Sec. 3-306 of the General Provisions Article, if the Board is unable to comply with paragraph (2)(i) of this subsection, the Board shall make good-faith efforts to record an open meeting by video or audio and maintain on its website a complete and unedited archived recording of the meeting.

  (5) A project site visit or an educational field tour does not constitute an open meeting under paragraph (2)(i) of this subsection if no organizational business is conducted.

#### Section 20-203

(a) The regional functions within the jurisdiction of the Commission include:

  (1) preparation, adoption, and amendment of the general plan or parts of the general plan for the physical development of the regional district in accordance with Title 21 of this article; and

  (2) mandatory referrals from the United States or the State, or any unit of the United States or the State, in accordance with Subtitle 3, Part I of this title.

(b) The Commission or the county planning boards may recommend to the proper authorities amendments to the zoning laws, subdivision regulations, and any other rules and regulations authorized in this title.

(c)

  (1) Subject to paragraph (2) of this subsection, the adoption of a resolution or recommendation relating to a regional matter shall be by a majority vote of the Commission.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, the majority vote shall include at least three members from Montgomery County and at least three members from Prince George's County.

    (ii) If a regional plan affects only one county, the affirmative vote of three members of the county planning board for the county affected shall control.

#### Section 20-204

(a) Each county planning board shall have administrative control and jurisdiction over personnel performing the duties and functions assigned in this subtitle to the respective county planning board.

(b) In Montgomery County, a director serves at the pleasure of the Montgomery County Planning Board.

(c)

  (1) In this subsection, "deputy director" includes any position comparable to the position of a deputy director, as the Prince George's County Planning Board determines.

  (2) In Prince George's County, a director or deputy director of a department shall have education or professional experience in a field relevant to the responsibilities of that department.

  (3) A director or deputy director shall receive the compensation established in the budget for the Prince George's County Planning Board.

  (4)

    (i) Except as provided in subparagraph (ii) of this paragraph, a director or deputy director shall be appointed by and serve at the pleasure of the Prince George's County Planning Board.

    (ii) In Prince George's County, an individual may elect to remain in the merit system established under Title 16, Subtitle 1 of this article if on June 30, 1991, the individual was a director of planning or a director of parks and recreation.

#### Section 20-205

(a) Except as provided in subsections (b) and (c) of this section, this subtitle may not be construed to affect the powers and duties of the Commission with respect to parks and parklands.

(b) The Commission may delegate to the county planning boards those powers and duties with respect to parks and parklands that the Commission may determine.

(c) The Prince George's County Planning Board shall:

  (1) provide a program of recreation in Prince George's County; and

  (2) coordinate the program with the Commission's park functions.

#### Section 20-206

The expenses of operating each county planning board shall be paid from the proceeds of the administrative tax collected for the Commission under Sec. 18-307 of this article and any additional funds appropriated by the respective county governing body.

#### Section 20-207

(a) Subject to subsection (b) of this section, functions not specifically allocated in this subtitle shall be assigned to the Commission or to one or both of the county planning boards, as needed.

(b) The assignments shall:

  (1) be made by resolution of the Commission with the approval of the respective county council; and

  (2) carry out the policy that local or intracounty planning functions should be performed by the county planning boards.

#### Section 20-208

(a) Notwithstanding other provisions of this division, money may be included in the Commission's annual budget and appropriated by the respective county council to provide an annual salary for each county planning board member, other than a full-time member, as compensation for the member's services.

(b) After notice and public hearing, the Montgomery County Council and the Prince George's County Council may each establish the salary for a county planning board member from that county, other than a full-time member, by local law separate from budget action.

#### Section 20-209

In Montgomery County, to the extent authorized by local law, the Montgomery County Planning Board may:

(1) administer and enforce any adopted growth policy or forest conservation program; and

(2) provide staffing assistance on matters relating to the promotion of historic preservation.

#### Section 20-210

The chair of the Montgomery County Planning Board may not engage in any other full-time employment while serving as chair.

### Subtitle 3. Review of Public Projects

#### Section 20-301

Subject to Sec.Sec. 20-303 and 20-304 of this subtitle, a public board, public body, or public official may not conduct any of the following activities in the regional district unless the proposed location, character, grade, and extent of the activity is referred to and approved by the Commission:

(1) acquiring or selling land;

(2) locating, constructing, or authorizing:

  (i) a road;

  (ii) a park;

  (iii) any other public way or ground;

  (iv) a public building or structure, including a federal building or structure; or

  (v) a publicly owned or privately owned public utility; or

(3) changing the use of or widening, narrowing, extending, relocating, vacating, or abandoning any facility listed in item (2) of this section.

#### Section 20-302

(a) The Commission has exclusive jurisdiction over mandatory referrals made under this part from the United States or the State, or any unit of the United States or the State.

(b) A county planning board has exclusive jurisdiction over a mandatory referral under this part by the county planning board's respective county government or any unit of the county government.

(c) The Montgomery County Planning Board has exclusive jurisdiction over a mandatory referral under this part by the county board of education, a municipal corporation or special taxing district, or a publicly owned or privately owned public utility.

#### Section 20-303

(a) If the Commission disapproves a referral submitted under Sec. 20-301 of this subtitle, the Commission shall communicate the reasons for the disapproval to the entity that proposed the activity.

(b) Notwithstanding Sec. 20-301 of this subtitle, the entity that proposed the activity may overrule the disapproval of the Commission and proceed with the activity as proposed.

#### Section 20-304

(a) In this section, "complete submission" means an explanatory narrative accompanied by engineering or architectural drawings that depict the proposed location, character, grade, and extent of the activity subject to a mandatory referral.

(b) Unless a longer period is granted by the submitting entity, an official referral to the Commission under this part is deemed approved if the Commission fails to act within 60 days after the date of a complete submission accepted by the Commission to adequately review the proposed location, character, grade, and extent of the activity.

(c)

  (1) Within 3 business days after receiving a submission or an amendment to a submission, the Commission shall notify the submitting entity that the submission is:

    (i) complete and accepted by the Commission; or

    (ii) rejected as incomplete by the Commission.

  (2) At the same time that the Commission provides notice that a submission has been rejected as incomplete under paragraph (1)(ii) of this subsection, the Commission shall provide to the submitting entity an itemized list of the information required for the submission to be considered complete.

(d) If a submitting entity submits an amendment to a submission that was rejected as incomplete, the Commission:

  (1) shall act on the amended submission within 60 days after receipt of the amendment; and

  (2) within 3 business days after receipt of the amendment, shall notify the submitting entity of the completeness of the submission in accordance with subsection (c) of this section.

(e)

  (1) If a submission is rejected as incomplete after the submitting entity has submitted amendments at least three times, the entity may notify the Commission that it is unable to provide additional information on the submission through reasonable means.

  (2) On receipt of the notice from a submitting entity provided in accordance with paragraph (1) of this subsection, the Commission shall:

    (i) accept the submission as complete; and

    (ii) act on the submission within 60 days.

#### Section 20-305

(a) After appropriate public hearings, the Commission shall adopt uniform standards of review to be followed in reviewing changes to property subject to review.

(b)

  (1) The Commission shall publish a notice of the adoption of the standards of review in a newspaper of general circulation that is published in each county.

  (2) The notice shall:

    (i) include a summary of the purpose of the standards and the review process; and

    (ii) identify a location and a phone number to contact for a complete copy of the standards of review.

#### Section 20-308

On the request of the board of trustees of Montgomery Community College, and in accordance with Sec. 16-413 of the Education Article, the Commission may make recommendations to the board concerning real property sites appropriate for acquisition by the board that conform as far as practicable to development plans for land use in Montgomery County.  

### Subtitle 4. Road Grades

#### Section 20-401

(a) The Commission may establish grades for all roads in the regional district.

(b) In Montgomery County, all road grades shall be established in accordance with local law.

(c) In Prince George's County, the Department of Public Works and Transportation shall establish road grades.

(d) Permanent road grading may not occur until a road grade has been established by:

  (1) the Commission in Montgomery County; or

  (2) the Department of Public Works and Transportation in Prince George's County.

(e) Unauthorized permanent road grading is a misdemeanor and is punishable under Title 27 of this article.

### Subtitle 5. Building Codes and Permits

#### Section 20-501

This part applies only in the regional district.

#### Section 20-502

(a)

  (1) A person may not construct or alter structurally a building or other structure in the regional district without a building permit.

  (2) A building permit shall conform to this division and any local law enacted by the appropriate district council.

(b) A building permit may not be required for a building or structure to be used exclusively for agriculture on land used exclusively for agriculture.

(c) A local law enacted under this division may not require the Commission to approve a building permit.

#### Section 20-503

(a) By zoning law, a district council may provide for:

  (1) the issuance of use and occupancy permits; and

  (2) a process to raise a zoning question before the preparation of all structural specifications of a building or structure that may be required for a complete building permit.

(b) In Montgomery County, all building permit applications shall be referred to the Commission for review and recommendation as to zoning requirements.

(c) In Prince George's County, the County Council, by local law, may provide for the referral of some or all building permit applications to the Commission for review and recommendation as to zoning requirements.

#### Section 20-504

(a) A permit to construct a building or structure in a subdivision may not be issued unless the road giving access to the lot where the building or structure is proposed to be located:

  (1) has the legal status of a public road or was dedicated to public use;

  (2) corresponds in its exact location with a road shown on a subdivision plat approved by the Commission or with a master plan of transportation or plat adopted by the Commission; or

  (3) is on a private right-of-way or easement approved as adequate by the county council in accordance with subsection (b) of this section.

(b) By local law, the county council may:

  (1) adopt standards to assure that a private right-of-way or easement is adequate to provide access to a lot where a building is proposed to be located; and

  (2) delegate to the executive branch or county planning board the authority to approve a private right-of-way or easement that is adequate under item (1) of this subsection.

#### Section 20-507

This part applies only in the portion of the regional district located in Montgomery County.

#### Section 20-508

A permit for the construction of a building or structure may be issued only if:

(1) adequate plans are made for the disposal of waste, sewerage, and drainage from the building or structure; and

(2) the plans are presented to the building inspector that has jurisdiction.

#### Section 20-509

(a) Subject to subsections (b), (c), and (d) of this section, by local law, the legislative body of a municipal corporation or governed special taxing district may impose an additional or stricter building requirement than is required by a State, regional, or county unit that exercises zoning or planning authority over the municipal corporation or governed district if the authority is exercised in addition to the State, regional, or county zoning or planning authority.

(b)

  (1) Subject to paragraph (2) of this subsection, a building requirement adopted under this section:

    (i) shall be imposed for:

      (1) the protection of the public health, safety, and welfare; or

      (2) the preservation, improvement, or protection of lands, water, and improvements in the municipal corporation or governed special taxing district;

    (ii) may regulate only the construction, repair, or remodeling of residential buildings with four or fewer dwelling units, including single-unit houses, duplexes, triplexes, quadplexes, cottage clusters, townhouses, and similar buildings, and their accessory structures, as it relates to:

      (1) fences, walls, hedges, and similar barriers;

      (2) signs;

      (3) residential parking;

      (4) residential storage;

      (5) the location of buildings and structures, including setback requirements;

      (6) the dimensions of buildings and structures, including height, bulk, massing, and design; and

      (7) lot coverage, including impervious surface; and

    (iii) shall apply without regard to housing type.

  (2) A building requirement adopted under this section for residential buildings with two to four dwelling units:

    (i) may not be more restrictive than a building requirement adopted under this section for a single-unit house; but

    (ii) may be less restrictive than a building requirement adopted under this section for a single-unit house.

(c) Before adopting a local law under this section, a municipal corporation or governed special taxing district shall:

  (1) hold a public hearing; and

  (2) at least 30 days before the public hearing, transmit a copy of the proposed local law to the county council.

(d) A local law that a municipal corporation or governed special taxing district adopts under this section shall provide a procedure for a waiver from the strict application of the building requirements.

(e) By local law, a municipal corporation or governed special taxing district may enact an additional or stricter commercial sign regulation than is imposed by the State, the Commission, or the county.

#### Section 20-512

This part applies only in the portion of the regional district in Prince George's County.

#### Section 20-513

(a)

  (1)

    (i) The County Council may provide for the issuance of permits for the construction, repair, or remodeling of buildings.

    (ii) A person may not construct, repair, or remodel a building without obtaining a permit and paying a fee established by the County Council.

  (2) The County Council shall:

    (i) regulate uniformly the construction, improvement, and demolition of buildings;

    (ii) regulate the size of bricks and thickness of walls that are used in houses to be built;

    (iii) provide for the entry into and examination of all buildings, lots, yards, enclosures, boats, and vehicles in order to determine their condition for health, cleanliness, and safety;

    (iv)

      (1) provide for the taking down and removal of buildings, walls, structures, or superstructures that are or may become dangerous; or

      (2) require owners to move the buildings, walls, structures, or superstructures or put them in a safe and sound condition at their own expense;

    (v) regulate the building and maintenance of party walls, partitions, fences, parapet walls, fire walls, smoke flues, fireplaces, hot-air flues, boilers, kettles, smokestacks, and stove pipes;

    (vi) regulate the storage of gasoline and other combustibles or explosives in any structure listed in item (v) of this paragraph;

    (vii) regulate the safe construction, inspection, and repair of private and public buildings;

    (viii) regulate, limit, or prohibit the construction of wooden or frame buildings and remove the buildings at the owner's expense, when constructed or not removed;

    (ix) regulate the height, construction, and inspection of new buildings;

    (x) regulate the limits in which steps, porticoes, bay windows, or other structural ornaments may be added to houses fronting on a highway, street, avenue, lane, or alley;

    (xi) regulate the materials used and the manner of installing electric wiring or piping or laying conduit in any building;

    (xii) regulate the location, manner of installation, size, and area per lot of all advertising structures and restrict the projection of advertising structures over public property;

    (xiii) adopt and enforce all necessary rules or regulations over public property; and

    (xiv) impose fines and penalties for violations of rules or regulations adopted under this paragraph.

(b)

  (1) A local law is not valid or effective until it is adopted by the County Council at a regular meeting and recorded in the records of the County Council.

  (2) Before adopting any local law under this section, the County Council shall publish notice of the date, place, and time, in a newspaper of general circulation in the part of the regional district affected by the local law, of the meeting of the County Council at which the local law is to be presented for adoption.

  (3) The notice shall:

    (i) state that the meeting will include a hearing on the proposed local law at which all persons will be given an opportunity to express the person's views on the proposed local law;

    (ii)

      (1) briefly indicate the nature of the local law to be adopted, amended, or repealed; or

      (2) if a complete and comprehensive building code is to be considered for adoption, provide a statement to that effect; and

    (iii) be published at least once each week for 2 consecutive weeks before the date of the meeting, but the County Council may provide for more extensive notification.

(c)

  (1)

    (i) After local laws are adopted, the County Council shall record the local laws in a book kept for that purpose in the office of the County Council.

    (ii) When the local laws are recorded under this paragraph, all persons are deemed to have notice of the local laws and no actual notice need be proven.

  (2)

    (i) The County Council shall print a sufficient number of copies of the adopted and recorded local laws for general distribution.

    (ii) If it is necessary to prove the existence of the local laws in any judicial proceeding, a printed copy is prima facie evidence of the existence.

(d)

  (1) The County Council may wholly or partly amend any local law adopted under this section.

  (2) Amendments are valid and effective when recorded as provided in subsection (c) of this section.

(e) The County Council may exempt a municipal corporation or special taxing district in the regional district from local laws adopted under this section if the County Council determines that the building regulations and enforcement in the municipal corporation or special taxing district are as adequate and equally effective as the local laws adopted by the County Council.

(f)

  (1) The County Council, in addition to the remedies provided for by this subtitle and Title 27 of this article, may provide for the enforcement of the local laws adopted under this section by applying to the Circuit Court for Prince George's County for an injunction.

  (2) A violation of the local laws is sufficient cause in itself for the issuance of an injunction when applied for, and no further cause need be alleged or shown.

(g)

  (1) A building code adopted under this section shall be enforced by the officers designated in the county charter or county code.

  (2) All fees and penalties are governed by the law applicable to a charter county.

#### Section 20-514

(a) The county board of education shall comply with all building regulations the County Council adopts for the regional district.

(b) The county board of education shall provide:

  (1) fire escapes for all school buildings in use before May 7, 1943, if the buildings are more than one story in height; and

  (2) fire escapes for all buildings constructed on or after May 7, 1943.

(c) If the county board of education does not comply with this title, the County Council may contract for the performance of the work and deduct costs incurred for the work from the amount allocated for the support of schools in the county.

#### Section 20-515

The county or a unit of the county responsible for issuing grading permits shall place conditions on a grading permit issued under Subtitle 4, Division 3 of the Prince George's County Code (2007 Edition) if: 

(1) the permit involves at least 10 acres of land in the county portion of the regional district; and

(2) the county or the unit finds there is or would be an adverse effect, as a result of noise or traffic, on the safety, health, or welfare of the residents in the immediate area of the land that is the subject of the grading permit.

#### Section 20-516

When an administrative official issues a use and occupancy permit that under the applicable county zoning law allows entertainment to be held for an association, a club, a society, or another organization or the public, the official promptly shall transmit a copy of the permit or give other notice of the issuance of the permit to:

(1) the Board of License Commissioners;

(2) the chief of police;

(3) the fire chief;

(4) the director of the Department of Environmental Resources; and

(5) if applicable, the municipal corporation in which the entertainment is to be held.

#### Section 20-519

(a) In this part the following words have the meanings indicated.

(b) "County unit" includes:

  (1) the Commission;

  (2) the county Department of Environmental Resources;

  (3) the county Department of Public Works and Transportation;

  (4) the county fire/EMS department;

  (5) the county health department; and

  (6) the Washington Suburban Sanitary Commission.

(c) "Development" has the meaning stated in Sec. 1-101 of this article.

(d) "Development permit" means a building permit or other permit issued in writing, as required by local law, to authorize the start of construction activities to construct, alter, demolish, or relocate an existing structure.

(e) "Qualifying redevelopment project" means a development project to rehabilitate dilapidated real property through demolition, reconstruction, or reuse that qualifies for expedited development permit review under this part.

#### Section 20-520

This part applies only in Prince George's County.

#### Section 20-521

The purpose of this part is to encourage environmentally responsible urban renewal and revitalization through expedited review of development permits required for qualifying redevelopment projects.

#### Section 20-522

(a) Except as provided in subsections (b) and (c) of this section, within 90 days after receiving an application for a development permit for a qualifying redevelopment project, the county shall:

  (1) approve or disapprove the application; and

  (2) notify the applicant of the approval or disapproval in writing.

(b) The county shall have an additional 60 days to comply with subsection (a) of this section if:

  (1)

    (i) a county unit involved in the review of the application determines that the extension is necessary to complete the review based on:

      (1) the nature or complexity of the application; or

      (2) unresolved issues related to the application; and

    (ii) the county unit notifies the applicant about the extension in writing; or

  (2)

    (i) the applicant modifies the application for any reason, including for the purpose of responding to a request from a county unit that is involved in the review of the application; and

    (ii) the modification is made during the original 90-day period under subsection (a) of this section.

(c) In addition to the 60-day extension provided under subsection (b) of this section, the county shall have an additional 30 days to comply with subsection (a) of this section if:

  (1) the applicant modifies the application for any reason, including for the purpose of responding to a request from a county unit that is involved in the review of the application; and

  (2) the modification is made during the 60-day extension under subsection (b) of this section.

#### Section 20-523

A qualifying redevelopment project shall incorporate environmentally responsible design elements that promote:

(1) water conservation by using practices, techniques, and technologies that:

  (i) reduce the consumption, loss, or waste of water;

  (ii) improve efficiency in the use of water; or

  (iii) make more efficient use of the water treatment infrastructure;

(2) energy efficiency by using practices, techniques, and technologies that reduce and minimize the consumption, loss, or waste of energy; and

(3) the use of recycled or recyclable building materials.

#### Section 20-526

(a)

  (1) In Montgomery County, it is a misdemeanor to:

    (i) construct, alter structurally, or use any building, structure, or land in violation of this title, a local law adopted under this title, or a decision made under this title; or

    (ii) willfully issue a building, use, or occupancy permit in violation of this title, a local law adopted under this title, or a decision made under this title.

  (2) The County Council of Montgomery County or the prosecuting official of the county may prosecute any violation under this subsection.

(b)

  (1) In Prince George's County, it is a misdemeanor to:

    (i) construct, alter structurally, or use any building or other structure in violation of the building code of Prince George's County;

    (ii) use land in violation of this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title; or

    (iii) willfully issue any permit, including a building, use, or occupancy permit, in violation of the building code of Prince George's County, this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title.

  (2) The county attorney or the State's Attorney may prosecute any violation under this subsection.

(c)

  (1) In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George's County may provide by local law for the imposition of civil monetary fines or penalties for a violation of:

    (i) this title;

    (ii) a local law adopted under this title;

    (iii) a decision made under this title; or

    (iv) a zoning text amendment adopted under this title.

  (2) The governing body may provide for the enforcement of the local law:

    (i) as provided in Title 11, Subtitle 2 of this article, and not subject to an appeal to the board of appeals; or

    (ii) by a hearing by an official or unit of the county, subject to an appeal from the hearing to the board of appeals.

  (3) The governing body may provide for the county attorney to prosecute violations for which civil monetary fines or penalties are imposed.

(d)

  (1) In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George's County, public officials of any municipal corporation or political subdivision in the regional district, or any neighboring property owner or occupant may institute a civil action to prevent unlawful construction, alteration, or use of a building or land.

  (2) In an action under paragraph (1) of this subsection, any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

### Subtitle 6. Prince George's County -- Annexation

#### Section 20-601

This subtitle applies only in Prince George's County. 

#### Section 20-602

Subject to this subtitle and any local law adopted by the County Council under this subtitle, any area in the county within an election district that abuts territory within the regional district may be annexed to the boundaries of the regional district. 

#### Section 20-603

(a)

  (1) A proposal for annexation of an area to the regional district shall be initiated by a written petition.

  (2) The written petition shall be signed by:

    (i) at least 25% of the residents of the area to be annexed who are registered as voters in county elections; and

    (ii) owners of at least 25% of the assessed valuation of the real property located in the area to be annexed.

(b) If a written petition for annexation is submitted to the County Council, the chair of the County Council shall verify:

  (1) the signatures on the written petition; and

  (2) that the petition meets the requirements of subsection (a)(2) of this section.

#### Section 20-604

(a) On verifying that the requirements of Sec. 20-603 of this subtitle have been complied with, the chair of the County Council shall promptly cause a local law to be introduced that proposes the change of boundaries that the petition requests.

(b) The local law shall:

  (1) describe by clearly ascertained boundary lines, by landmarks, and by other well-known terms consistent with the description of other areas included in the regional district, the exact area proposed to be included in the change; and

  (2) include a brief and accurate description of the conditions and circumstances applicable to the change of boundaries the petition requests.

#### Section 20-605

(a)

  (1) The County Council shall give public notice of a hearing on the local law introduced under Sec. 20-604 of this subtitle.

  (2) The notice required under this subsection shall be published at least four times at not less than weekly intervals in a newspaper of general circulation in the area proposed to be annexed.

  (3) The notice required under this subsection shall include:

    (i) a brief and accurate description of the change in boundaries proposed in the local law and the conditions and circumstances applicable to the change in boundaries; and

    (ii) the time and place where the public hearing on the proposed local law will be held.

(b) The hearing shall:

  (1) commence not less than 7 days after the fourth publication of the required notice of the hearing; and

  (2) be held at the location identified in the notice.

(c) After the required notice and hearing on the local law, a majority of the County Council may adopt the local law.

#### Section 20-606

(a) After the public hearing on the local law, the County Council may enact the local law in accordance with the usual requirements and practices applicable to legislative enactments of the County Council.

(b) The local law may not become effective until at least 45 days following its final enactment.

#### Section 20-607

(a) A written petition for a referendum on the local law may be filed during the 45 days following the final enactment of the local law.

(b) A petition filed under this section must be signed by:

  (1) at least 20% of the residents of the area to be annexed under the local law; and

  (2) owners of at least 20% of the assessed valuation of the real property located in the area to be annexed.

(c) The signers of a petition filed under this section must be:

  (1) registered as voters in county elections; or

  (2) if there are fewer than 20 individuals living in the area proposed to be annexed who are eligible to sign a petition under this subsection, any person owning real property in the area proposed to be annexed.

(d) When a written petition for referendum on a local law is submitted to the chair of the County Council, the chair shall verify:

  (1) the signatures on the written petition; and

  (2) that the petition meets the requirements of this section.

(e) On verifying that the requirements of this section have been met, the chair of the County Council shall suspend the effectiveness of the local law contingent on the results of the referendum.

(f)

  (1) The chair of the County Council shall set a date for the referendum on the local law and publish notice of the referendum on the local law.

  (2) The date of the referendum on the local law shall be between 15 and 90 days after the published notice of the referendum.

  (3) The notice of the referendum on the local law shall:

    (i) be published twice at not less than weekly intervals in a newspaper of general circulation in the area to be annexed; and

    (ii) specify the time and place at which the referendum will be held.

  (4) The place where the referendum is held shall be within the area to be annexed under the local law.

(g)

  (1) On the date and at the place specified, the local law proposing to annex an area to the regional district shall be submitted to a referendum election of the qualified voters who reside in the area to be annexed and who are registered as voters in county elections.

  (2) If there are fewer than 20 individuals living in the area proposed to be annexed who are eligible to participate in a referendum election, any person owning real property in the area proposed to be annexed may participate in the referendum election.

  (3) The ballots or voting machines for the referendum election shall contain a summary of the local law with suitable provisions for the voter to indicate a choice for or against it.

(h) If a majority of the persons voting on the local law in the referendum vote in favor of the local law, the local law shall become effective on the 14th day following the referendum.

(i) The County Council may enact local laws or adopt regulations that provide for conducting a referendum held under this section and tabulating the results of the referendum.

(j) The county shall pay in full for the expenses of a referendum held under this section.

### Subtitle 7. Municipal Planning and Zoning Authority

#### Section 20-701

In this part, "prior established municipal corporation":

(1) means a municipal corporation subject to Article XI-E of the Maryland Constitution that includes land added to the regional district under Chapter 596 of the Acts of the General Assembly of 1957; and

(2) includes:

  (i) Barnesville;

  (ii) Brookeville;

  (iii) Gaithersburg;

  (iv) Laytonsville;

  (v) Rockville;

  (vi) Poolesville; and

  (vii) Washington Grove.

#### Section 20-702

This part applies only in Montgomery County. 

#### Section 20-703

(a) Except as provided by agreement under Sec. 20-704 of this subtitle, the Commission, county planning board, and district council may not exercise any planning or zoning power in any prior established municipal corporation in the county.

(b) Except as otherwise provided in this part:

  (1) the county may not impose the administrative tax provided for under Sec. 18-307 of this article in a prior established municipal corporation;

  (2) any local law adopted by the Commission, county planning board, or district council does not apply to a prior established municipal corporation; and

  (3) Sec.Sec. 20-401 and 20-502 through 20-504 of this title and Title 22, Subtitle 1 and Sec.Sec. 22-308, 23-102, 23-103, 23-301, and 23-302 of this article do not apply to a prior established municipal corporation.

#### Section 20-704

(a) The Commission or the county planning board may enter into an agreement with a prior established municipal corporation that allows the Commission or the county planning board to exercise planning and zoning powers in the municipal corporation.

(b) On execution of an agreement authorized under this section, the following shall apply to a prior established municipal corporation that enters an agreement with the Commission or the county planning board:

  (1) all local laws and official acts of the Commission or the county planning board and the district council that are in effect in the regional district within the county;

  (2) all provisions of this title; and

  (3) the administrative tax provided for in Sec. 18-307 of this article.

(c)

  (1) An agreement under this section may authorize the governing body of the prior established municipal corporation to act as the district council for the municipal corporation.

  (2) If the governing body of the municipal corporation is authorized to act as the district council for the municipal corporation, the governing body shall exercise all the power granted to the district council by this title within the municipal corporation.

(d) An agreement under this section between a municipal corporation and the Commission or county planning board shall remain in effect as written unless revoked or amended by mutual action of the parties to the agreement.

#### Section 20-705

(a) The Commission or the county planning board may submit recommendations to any prior established municipal corporation regarding any planning or zoning action under consideration by the municipal corporation.

(b) The prior established municipal corporation shall incorporate the recommendation of the Commission or the county planning board as a part of the record of the planning or zoning action.

#### Section 20-706

A municipal corporation in the regional district that is not a prior established municipal corporation in the county may not exercise any planning, zoning, or subdivision power unless expressly authorized in this division.

#### Section 20-709

A municipal corporation in Prince George's County that is in the regional district may not exercise any powers relating to planning, subdivision control, or zoning not granted to the municipal corporation by the district council under Sec. 25-303 of this article. 

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Md. Code Ann., Land Use (as displayed at mgaleg.maryland.gov, October 16, 2026)