# Land Use (GLU)

## Title 25. Prince George's County Provisions

### Subtitle 3. Municipal Delegation

#### Section 25-301

(a) Except as otherwise provided in this section, the district council may provide that the governing body of a municipal corporation may exercise the powers of the district council as specified in this subtitle.

(b) When exercising authority delegated under subsection (c) or (d) of this section, the governing body of a municipal corporation:

  (1) shall be subject to the substantive and procedural requirements and standards established by the district council; and

  (2) may not impose:

    (i) with respect to general delegation under subsection (c) of this section, a different requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation; or

    (ii) with respect to delegation in a revitalization overlay zone under subsection (d) of this section, a stricter requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation.

(c)

  (1) This subsection applies to land in a municipal corporation in the regional district.

  (2) The district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:

    (i) design standards;

    (ii) parking and loading standards;

    (iii) sign design standards;

    (iv) lot size variances and setback and similar requirements;

    (v) landscaping requirements;

    (vi) certification, revocation, and revision of nonconforming uses;

    (vii) minor changes to approved special exceptions;

    (viii) vacation of municipal rights-of-way; and

    (ix) except as provided in paragraph (3) of this subsection, all detailed site plans.

  (3) The authority to delegate with regard to detailed site plans does not apply to detailed site plans:

    (i) for a zone that requires detailed site plan approval by the district council;

    (ii) that are required as a condition of approval of a zoning map amendment or a preliminary plan of subdivision;

    (iii) for which the approval of a conceptual site plan or a preliminary plan of cluster subdivision is required; or

    (iv) that are required for designated parcels as a specific condition of a sectional map amendment.

(d)

  (1) This subsection applies to a revitalization overlay zone created by the district council.

  (2) For any portion of a revitalization overlay zone in a municipal corporation, the district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:

    (i) design standards;

    (ii) parking and loading standards;

    (iii) sign design standards;

    (iv) lot size variances and setback and similar requirements; and

    (v) landscaping requirements.

  (3) The delegation of powers under paragraph (2) of this subsection may not impede a development that meets the requirements the district council sets for the revitalization overlay zone.

  (4) For any portion of a revitalization overlay zone not within a municipal corporation, the district council may authorize the county planning board to approve:

    (i) departures from parking and loading standards;

    (ii) departures from design standards; and

    (iii) any variance from the zoning laws.

#### Section 25-302

(a)

  (1) Except as provided in subsection (b) of this section, any party of record to an action of the governing body of a municipal corporation exercised under Sec. 25-301(c) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

  (2) Any party to an action of the governing body of a municipal corporation or the county planning board exercised under Sec. 25-301(d) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

(b)

  (1) With respect to an action taken under the general delegation authorized under Sec. 25-301(c) of this subtitle, before exercising the right to judicial review under subsection (a)(1) of this section, a party of record shall appeal the action of the governing body of the municipal corporation to the district council for review on the record if the action concerns:

    (i) certification, revocation, or revision of nonconforming uses; or

    (ii) detailed site plans.

  (2) On appeal, the district council may:

    (i) approve the action of the municipal corporation by a majority vote of its members; or

    (ii) approve the action of the municipal corporation with conditions or overrule the action by a vote of at least six members.

  (3)

    (i) A person aggrieved by the action of the district council under this subsection may request judicial review of the action by the circuit court.

    (ii) The municipal corporation whose action is affected by the action of the district council shall be considered an aggrieved person.

#### Section 25-303

(a) This section applies to land in a municipal corporation that is in the regional district and is:

  (1) zoned for residential or commercial use; or

  (2) adjacent to residential or commercial zones.

(b)

  (1) Notwithstanding any other law, and for the purpose of preserving, improving, or protecting the general character and design of lands and improvements in a municipal corporation, the legislative body of the municipal corporation, by local law, may impose stricter or additional conditions, restrictions, or limitations than are otherwise required by State, regional, or county zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.

  (2) The stricter or additional conditions, restrictions, or limitations may apply only to:

    (i) fences;

    (ii) residential parking; and

    (iii) residential storage.

(c) Notwithstanding any other law, the legislative body of a municipal corporation, by local law, may authorize the erection of a fence that exceeds the height restrictions or limitations otherwise required by State, regional, or county zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.

(d) The legislative body of a municipal corporation may not enact a local law under this section without holding a public hearing on all issues.

(e) A municipal corporation that enacts a zoning law in accordance with this section shall deliver a certified copy of the local law to the district council within 5 days after the enactment and at least 30 days before the effective date of the local law.

(f)

  (1) If the district council does not approve the local law before the effective date of the local law, the local law shall be considered disapproved and may not take effect.

  (2) The local law may not take effect unless approved by the district council.

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