This section applies to:
the making of the appropriate general plan;
any part, amendment, extension, or addition to the plan;
the protection of and the carrying out of the plan; and
the exercise of any:
planning, zoning, or subdivision control powers in the regional district; and
other powers granted in this title to the Commission or to the Montgomery County Council or the Prince George’s County Council.
The purpose of the plan is to:
guide and accomplish a coordinated, comprehensive, adjusted, and systematic development of the regional district;
coordinate and adjust the development of the regional district with public and private development of other parts of the State and of the District of Columbia; and
protect and promote the public health, safety, and welfare.
It is the policy of the State that:
the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls; and
local governments shall implement planning and zoning controls.
To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.
It is the policy of the General Assembly and of the State that competition and enterprise shall be displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as provided for in State and local law.
The powers granted to the Commission and district councils under this section may not be construed to:
grant to the Commission or district councils powers in any substantive area that are not otherwise granted to the Commission and district councils by State or local law;
restrict the Commission or district councils from exercising any power granted to the Commission and district councils by other law;
authorize the Commission or district councils to engage in any activity that is beyond their power under other law; or
preempt or supersede the regulatory authority of any State unit under any State law.
At the direction of the appropriate district council, the Commission shall initiate and adopt:
a general plan for the development of that portion of the regional district located in each county; and
amendments to the general plan.
Notwithstanding the provisions of subsection (a) of this section, the Commission shall review, 2 years after each decennial census of the United States, the general plan for the development of that portion of the regional district located in Prince George’s County.
In accordance with Subtitle 2 of this title, the Commission may initiate and adopt any amendment to the general plan.
The appropriate district council may designate a functional master plan, an area master plan, or an amendment to either plan, as an amendment to the general plan.
The general plan and any amendment to the general plan shall contain:
the Commission’s recommendations for development within the regional district;
any descriptive or supporting material that:
the appropriate district council requires; or
the Commission determines to be necessary and feasible; and
the elements required under Title 1, Subtitle 4 of this article.
In accordance with the procedure set forth in this subtitle, the appropriate district council may require the Commission to prepare the general plan, or any amendment to the plan, considering elements such as:
existing and forecasted:
population, including population distribution and other appropriate characteristics;
amount, type, intensity, general location, and characteristics of commercial, industrial, and public sector facilities and related employment;
amount, type, need, and location of major public services, facilities, and utilities;
transportation needs, facilities, routes, and systems; and
housing demand and needs, and the amount, type, quality, and general location of housing;
existing land uses, forecasts of land absorption rates or markets, and analyses of the amount, general location, and interrelationships among different categories of land use;
staging or scheduling of development and capital improvements, and the fiscal or economic impact of those improvements;
physical resources and conditions, including topography, soils, geology and mineral deposits, hydrology and waterways, wetlands and shorelines, water and air quality, climate, noise, open spaces, scenic areas, vegetation, forests, agricultural lands, fisheries, wildlife and wildlife habitats, and other areas of environmental or ecological importance or sensitivity;
sites, structures, areas, or settings of archaeological, historical, architectural, cultural, or scenic value or significance;
extent and general location of physically blighted or deteriorated areas and related factors;
evaluation of the probable consequences of major recommendations of the general plan on the general physical and social environment and population of the regional district;
estimates of the probable consequences on public revenues and expenditures of major recommendations of the general plan; and
any other matter that the appropriate district council or the Commission determines to be necessary and feasible to the preparation or presentation of the general plan.
The appropriate district council may provide, to the extent necessary and feasible, that:
the Commission shall:
consider various alternative concepts of growth or development in preparing the general plan; and
appropriately describe the alternative concepts considered by the Commission; and
the general plan shall include material to contain and explain the appropriate district council’s recommendations with respect to any matter in this subsection.
The materials in paragraphs (1) and (2) of this subsection are guidelines for the basis, content, and consideration of:
the general plan;
a functional master plan;
an area master plan; or
any amendment to the plans.
Subject to paragraph (5) of this subsection, a general plan, a functional master plan, or an area master plan or any amendment to a plan may not be deemed void, inapplicable, or inoperative on the ground that the basis, content, or consideration of the plan or amendment is inconsistent with this division.
With respect to judicial review on the record of a governmental action concerning development, this section does not prevent the consideration of the reasonableness of a general plan or the appropriateness and completeness of a general plan in relation to the governmental action and review.
The appropriate district council shall carry out the requirements of this section:
in accordance with the procedures set forth in this subtitle; and
to the extent necessary and feasible.
Subject to paragraph (2) of this subsection, the appropriate district council shall provide that in its county the Commission shall adopt, and the district council shall approve, a map that shows the entire area of that county located within the regional district, divided into local planning areas.
Before approving a map, the appropriate district council shall consult with the Commission with respect to the boundaries of the local planning areas located wholly or partially within that county.
If there is a disagreement as to the boundaries of a local planning area, the decision of the district council shall prevail within the area of its jurisdiction.
The appropriate district council shall provide that in its county:
notwithstanding subsection (b) of this section, the Prince George’s County district council shall consider, every 6 years, whether to amend the area master plan in that portion of the regional district located in Prince George’s County; and
the decision of the Prince George’s County district council regarding whether to amend the area master plan shall:
be in writing; and
include the reasons for the decision;
in accordance with the work program and budget adopted by the county council of that county, the Commission:
shall initiate and adopt an area master plan for each planning area, any part of a planning area, or any combination of contiguous planning areas; and
may amend an area master plan for each planning area, any part of a planning area, or any combination of contiguous planning areas;
an area master plan may include recommendations for zoning, staging of development and public improvements, and public services to implement the area master plan;
subject to item (ii) of this item, an area master plan shall be based on the same matters as contained in the general plan and any amendment to the general plan;
an area master plan:
shall include greater detail than the general plan; and
is not limited to the contents of the general plan; and
an area master plan, or any amendment to an area master plan, shall show on a map contained in the area master plan the boundary of the area within which the area master plan applies.
The appropriate district council may designate an area master plan, or any amendment to an area master plan, when adopted by the Commission and approved by the appropriate district council, as an amendment to the general plan.
A plan that is adopted before the approval of, or any amendment to, the planning area map shall continue in force and may not be invalidated by the fact that its boundaries do not correspond to the boundaries shown on the planning area map.
Subject to subsection (b) of this section, the Commission may adopt, and the appropriate district council may approve, a functional master plan for the various elements of the general plan, including:
transportation routes and facilities;
hospitals and health centers;
parks and other open spaces;
police stations;
fire stations; and
utilities.
Before adopting or amending a functional master plan of transportation routes and facilities in Prince George’s County, the Commission shall submit its proposed plan or amendment to the district council and the County Executive for review and comment.
The district council and the County Executive have 60 days to review and provide written comments.
The adopted plan may not include a transportation route or facility unless the district council, after consulting with the County Executive, by resolution approves the inclusion of the transportation route or facility for planning purposes.
The appropriate district council may designate a functional master plan, or any amendment to a functional master plan, as an amendment to the general plan.
Subject to subsection (b) of this section and Subtitle 2 of this title, the Commission may adopt a plan that identifies and designates sites, structures and their appurtenances and environmental settings, or districts that have historical, archaeological, architectural, or cultural value.
The criteria used for making an identification or designation under subsection (a) of this section may not be inconsistent with the criteria applicable to the Maryland Historical Trust under § 5A–323 of the State Finance and Procurement Article.
The Commission may establish an advisory committee to assist the Commission in the performance of its duties with respect to adopting a plan in accordance with this section.
Except as provided in subsection (e) of this section, a plan adopted under this section is an amendment to the general plan.
A plan adopted under this section may include sites, structures and their appurtenances and environmental settings, or districts located in a municipal corporation in Montgomery County or Prince George’s County that is not subject to the jurisdiction of the Commission, with the consent of the governing body of that municipal corporation.
The consent of the governing body shall constitute the agreement of the municipal corporation to be bound by all rules and regulations governing the sites, structures and their appurtenances and environmental settings, or districts as the appropriate district council may enact.