Title 23. Subdivision — Subtitle 1. Powers
Statutes in effect as of October 1, 2026.
Md. Code Ann., Land Use § 23-101 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–101LinkCopy Citation
This title does not apply to a good–faith division or partition of exclusively agricultural land that is not made for development purposes.
Md. Code Ann., Land Use § 23-102 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–102LinkCopy Citation
(a)
(1)
Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George’s County, or received or recorded by the clerks of the courts of the respective county, unless:
(i)
the plat has been submitted to and approved by the applicable county planning board; and
(ii)
the chair of the county planning board and the secretary–treasurer of the Commission endorse an approval in writing on the plat.
(2)
The recordation of a subdivision plat without the approval of the county planning board is void.
(b)
(1)
In Prince George’s County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director.
(2)
The planning director’s endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat.
(c)
A subdivision in a municipal corporation with subdivision authority under Division II of the Local Government Article that is in the regional district may be recorded in the land records of Montgomery County or Prince George’s County if:
(1)
the subdivision plat has been submitted to and approved by the municipal corporation; and
(2)
the appropriate official of the municipal corporation endorses an approval in writing on the plat.
(d)
(1)
The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board’s subdivision functions.
(2)
The fees shall be:
(i)
based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and
(ii)
paid into the Commission’s administrative fund established under § 18–307 of this article before a subdivision plat is approved or disapproved.
(e)
(1)
After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well–bound book kept by the clerk of the court for recording plats.
(2)
The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat.
(f)
(1)
A subdivision plat shall be prepared in a manner required by the Commission by regulation.
(2)
An approved subdivision shall have permanent markers, bound stones, or stations:
(i)
as required by the Commission; and
(ii)
that are shown on the subdivision plat.
(3)
A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.
Md. Code Ann., Land Use § 23-103 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–103LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, in connection with the approval of a subdivision plat, the appropriate county planning board may require a dedication of land for:
(1)
an interior subdivision road;
(2)
a road that abuts the subdivision for the purpose of creating a new road as part of the plan of subdivision to provide for traffic access to another subdivision road; and
(3)
the widening of an existing or public road that abuts the subdivision for the purpose of providing additional right–of–way adequate to serve additional traffic that will be generated by the subdivision.
(b)
The county planning board may not require a dedication of land under subsection (a) of this section that:
(1)
exceeds the area required to produce a total right–of–way for:
(i)
a secondary road, as defined by local law; or
(ii)
a primary road if the applicable master plan designates the road as a primary or arterial road;
(2)
has a width that exceeds the area that is required for a primary road; and
(3)
has a width that exceeds the area that is required for a secondary road, unless the applicable master plan designates the road as a primary or arterial road.
(c)
(1)
Notwithstanding subsections (a) and (b) of this section, in Montgomery County, in connection with the approval of a subdivision plat, the Commission may require a dedication of land in accordance with the standards and limitations set forth in the subdivision regulations.
(2)
The standards established by the subdivision regulations shall relate the area of dedication to:
(i)
the total size of the subdivision;
(ii)
the maximum road right–of–way or improvement required for that category of land use as established by local law of the applicable jurisdiction; and
(iii)
the increased traffic, lane, and right–of–way requirements that would be created by the maximum utilization and development of the subject property:
(1)
in the property’s present zone classification; or
(2)
in the property’s higher use zone classification, as shown on an adopted and approved master plan of the applicable jurisdiction.
(3)
(i)
In accordance with the standards established by the subdivision regulations and except as provided in subparagraph (ii) of this paragraph, the subdivision regulations may require dedication of a road to public use to the full extent of the required right–of–way.
(ii)
If a road is classified in the subdivision regulations as a limited access or controlled highway, a dedication of a road to public use may be required only for adequate traffic access to those subdivisions to which access is allowed.
(d)
In Prince George’s County, a master plan of transportation shall be approved by the district council.
Md. Code Ann., Land Use § 23-104 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–104LinkCopy Citation
(a)
(1)
In exercising the subdivision powers under §§ 23–102 and 23–103 of this subtitle, the Commission or the governing body of Montgomery County or Prince George’s County may adopt subdivision regulations and amendments governing a subdivision in:
(i)
the regional district; or
(ii)
the respective portion of the regional district in the county.
(2)
Except as provided in paragraph (3) of this subsection, the regulations and amendments adopted under this section:
(i)
shall be adopted by the respective governing body of the county;
(ii)
may be amended by the respective governing body of the county; and
(iii)
shall be effective from:
(1)
the date of adoption; or
(2)
the date designated by the respective governing body of the county.
(3)
If the governing body of the county designates an effective date for the subdivision regulations, the effective date may not affect:
(i)
the county planning board’s administration of the regulations; or
(ii)
the county planning board’s functions under §§ 23–102 and 23–103 of this subtitle.
(b)
(1)
In Montgomery County:
(i)
within 3 days after adopting a subdivision regulation or amendment, the district council shall submit the regulation or amendment to the County Executive; and
(ii)
within 10 days after the subdivision regulation or amendment is submitted, the County Executive shall approve or disapprove the regulation or amendment.
(2)
If the County Executive disapproves the subdivision regulation or amendment, the County Executive shall return the regulation or amendment to the district council with the reasons for the disapproval stated in writing.
(3)
By the affirmative vote of eight of its members, the district council may enact the subdivision regulation or amendment over the disapproval of the County Executive.
(4)
A subdivision regulation or amendment that has not been disapproved by the County Executive in accordance with this subsection is considered to be approved.
(c)
(1)
Subject to paragraph (2) of this subsection and subsection (d) of this section, the subdivision regulations may include provisions for:
(i)
the harmonious development of the regional district;
(ii)
the coordination of roads within the subdivision with:
(1)
existing planned or platted roads;
(2)
features of the regional district;
(3)
that county’s general plan; or
(4)
a transportation plan adopted by the Commission as part of that county’s general plan;
(iii)
(1)
adequate open spaces for transportation, recreation, light, and air, by dedication or otherwise;
(2)
the dedication to public use or conveyance of areas designated for dedication under the zoning and subdivision regulations; and
(3)
in lieu of dedication, the payment of a monetary fee that meets the requirements of subsection (d) of this section;
(iv)
the reservation of land for:
(1)
public buildings, including schools;
(2)
parks and playgrounds;
(3)
roads;
(4)
mass transit facilities, including busways or light rail facilities; and
(5)
any other public purpose;
(v)
the conservation or production of adequate transportation, water drainage, and sanitary facilities;
(vi)
the preservation of the location of, the volume and flow of water in, and other characteristics of natural streams and other waterways, including the establishment of a stormwater management program in Montgomery County for the purpose of:
(1)
allowing the county to accept monetary contributions;
(2)
granting an easement; or
(3)
dedicating land;
(vii)
the proper management of growth and development;
(viii)
the avoidance of a scattered or premature subdivision that otherwise may:
(1)
result in danger or injury to health, safety, or welfare due to the lack of water supply, drainage, transportation, or other public services; or
(2)
necessitate an excessive expenditure of public funds for the supply of services;
(ix)
the conformity of resubdivided lots to the character of lots within the existing subdivision with respect to area, frontage, and alignment to existing lots and roads;
(x)
except for agricultural or recreational purposes, the control of subdivision or building in floodplain areas and in streams and drainage courses, and on unsafe land areas;
(xi)
the preservation of outstanding natural or cultural features and historic sites or structures;
(xii)
any benefit to the health, comfort, safety, or welfare of the present and future population of the regional district;
(xiii)
the extent and manner to which the following actions shall be taken before the approval of a plat:
(1)
the grading and improvement of roads;
(2)
the building of curbs, gutters, and sidewalks;
(3)
the installation of water, sewer, and other utility mains, piping, connections, and facilities; and
(4)
the planting or conservation of trees; or
(xiv)
in Montgomery County:
(1)
adequate recreational facilities; or
(2)
in lieu of providing recreational facilities, the payment of a fee that does not exceed the cost of providing adequate recreational facilities to serve the subdivision.
(2)
(i)
Unless each person that owns a legal or equitable interest in the property has provided written approval, the subdivision regulations may not provide for a reservation of land for traffic, recreation, or any other public purpose for a period longer than 3 years.
(ii)
A property that is reserved for public use under the subdivision regulations shall be exempt from all State, county, and local taxes during the period of reservation.
(d)
(1)
Subject to paragraph (2) of this subsection, a monetary fee that is paid in lieu of a dedication of land for the use and benefit of the subdivision in cases where dedication would be impractical under subsection (c)(1)(iii) of this section shall:
(i)
be based on the current market value of the land after the land is approved for development; and
(ii)
(1)
be used by the Commission to purchase open spaces; or
(2)
be used by the Commission to develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational needs of the subdivision if:
(A)
the Commission determines that suitable land is not available for acquisition to serve the subdivision from which a fee has been exacted; or
(B)
adequate open space has previously been acquired and is available to serve the subdivision.
(2)
If the subdivision is in a municipal corporation in Prince George’s County that is not in the metropolitan district but is in the regional district, on request by the municipal corporation, the mandatory fee in lieu of dedication received by the Commission shall be paid to and used by the municipal corporation to:
(i)
purchase open space for the use and benefit of the subdivision; or
(ii)
develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational and open space needs of the subdivision.
Md. Code Ann., Land Use § 23-105 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–105LinkCopy Citation
(a)
Before the Commission or the governing body of Montgomery County or Prince George’s County may adopt a subdivision regulation or an amendment to a subdivision regulation or amendment, the respective county council shall hold a public hearing on the regulation or amendment.
(b)
The county council shall publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the regional district in the respective county at least 30 days before the hearing.
Md. Code Ann., Land Use § 23-106 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–106LinkCopy Citation
(a)
In addition to any other authority granted by this division, the County Council of Montgomery County and the County Council of Prince George’s County, by local law, may impose in their respective counties standards and requirements for the purpose of avoiding scattered or premature subdivision or development of land because of the inadequacy of transportation, water, sewerage, drainage, school, or other public facilities.
(b)
(1)
This subsection does not apply to any property located in an infrastructure finance district approved before January 1, 2000.
(2)
Notwithstanding subsection (a) of this section, the County Council of Prince George’s County shall impose adequate public facilities standards and requirements under subsection (a) of this section with respect to schools.
Md. Code Ann., Land Use § 23-107 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–107LinkCopy Citation
(a)
The applicable county planning board shall require a plat of any land reserved for public use under this subtitle that shows:
(1)
the survey location of the land;
(2)
the names and addresses of the landowners; and
(3)
any other information required for:
(i)
filing the plat among the land records of the county in which the land is located; and
(ii)
the proper indexing of the plat.
(b)
The plat shall:
(1)
comply with all requirements for recording of plats among the land records; and
(2)
be recorded by the clerk of the court of the county in which the land is located.
Md. Code Ann., Land Use § 23-108 (2026)
Title 23. Subdivision
Subtitle 1. Powers
§ 23–108LinkCopy Citation
The subdivision regulations in force before April 28, 1959, within the respective portions of the regional district in Montgomery County and Prince George’s County are considered to have been adopted in the manner required under this subtitle.