Title 4. Zoning — Subtitle 4. Judicial Review
Statutes in effect as of October 1, 2026.
Md. Code Ann., Land Use § 4-401 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–401LinkCopy Citation
(a)
Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county:
(1)
a person aggrieved by the decision or action;
(2)
a taxpayer; or
(3)
an officer or unit of the local jurisdiction.
(b)
The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(c)
This section does not change the existing standards for judicial review of a zoning action.
Md. Code Ann., Land Use § 4-402 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–402LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo.
(b)
(1)
If, after a hearing, the circuit court determines that testimony is needed for the proper disposition of the matter, the court may take evidence or appoint a special magistrate to:
(i)
take the required evidence; and
(ii)
report the evidence to the court with the special magistrate’s findings of fact and conclusions of law.
(2)
The special magistrate’s evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.
Md. Code Ann., Land Use § 4-403 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–403LinkCopy Citation
The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted:
(1)
with gross negligence;
(2)
in bad faith; or
(3)
with malice.
Md. Code Ann., Land Use § 4-404 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–404LinkCopy Citation
All issues in any proceeding under this subtitle shall be scheduled and heard before all other civil actions and proceedings.
Md. Code Ann., Land Use § 4-405 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–405LinkCopy Citation
(a)
After deciding a judicial review under this subtitle, the circuit court shall file a written order and opinion embodying the reasons for its decision.
(b)
(1)
A party may file an appeal of a judgment of the circuit court with the Appellate Court of Maryland during the period and in the manner required by the Maryland Rules.
(2)
The Appellate Court of Maryland may award costs in any appeal to that court under this subsection.
Md. Code Ann., Land Use § 4-406 (2026)
Title 4. Zoning
Subtitle 4. Judicial Review
§ 4–406LinkCopy Citation
(a)
In addition to the judicial review provided under this subtitle, a legislative body may allow judicial review by the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction.
(b)
A judgment of the circuit court under this section may be appealed to the Appellate Court of Maryland.