# Land Use (GLU)

## Title 6. Street Planning

### Subtitle 1. Street Reservation

#### Section 6-101

After adopting the transportation element of a comprehensive plan, a planning commission periodically may:

(1) conduct surveys to locate street lines and any other part of the transportation element; and

(2) make a reservation plat of the area surveyed, showing the land that the planning commission recommends be reserved for future dedication or acquisition as public streets and any other part of the transportation element.

#### Section 6-102

(a) On approval and adoption of a plat, streets located on the plat are reserved for future acquisition for public use.

(b) The approval and adoption of a plat does not constitute the establishment of a street or acquisition of any land to create a street, public use, or public improvement.

#### Section 6-103

(a) Before adopting a plat, a planning commission shall hold a public hearing on the plat.

(b) At least 10 days before the public hearing, the planning commission shall publish a notice of the time and place of the hearing, with a general description of the area covered by the plat, in a newspaper of general circulation in the local jurisdiction in which the area is located.

#### Section 6-104

(a) After the public hearing under Sec. 6-103 of this subtitle, the planning commission may transmit the plat, as originally made or as amended by the planning commission, to the legislative body with the planning commission's estimate of the schedule by which the local jurisdiction should acquire the reserved land.

(b) After receiving the plat from the planning commission, the legislative body, by resolution, may:

  (1) approve and adopt the plat;

  (2) disapprove the plat;

  (3) modify the plat with the approval of the planning commission; or

  (4) adopt a modified plat, notwithstanding the prior disapproval of the modification by the planning commission, with a favorable vote of at least two-thirds of the entire membership of the legislative body.

(c) In the resolution adopting the plat, the legislative body shall establish the period for which land is to be reserved under Sec. 6-102 of this subtitle.

(d) After the plat is adopted, the clerk of the legislative body shall:

  (1) transmit one attested copy of the plat to the clerk of the circuit court of each county in which the platted land is located; and

  (2) keep one copy of the plat for public examination.

#### Section 6-105

(a) A planning commission may negotiate for or secure from the owner of reserved land:

  (1) a release of claims for damages or compensation for the reservation of the land; or

  (2) an agreement indemnifying the local jurisdiction from claims by others for damages or compensation.

(b) A negotiated release or agreement shall bind the landowner executing the release or agreement and the landowner's successors in title.

#### Section 6-106

(a) At any time after the filing of a plat with the clerk of the circuit court of the county and during the period specified for the reservation, a planning commission and the owner of reserved land may agree to modify the location of the lines of a proposed street.

(b) An agreement to modify the location shall include a release by the landowner of any claim for compensation or damages caused by the modification.

(c)

  (1) After the release is executed, the planning commission may make a plat corresponding to the modification and transmit the plat to the legislative body for approval.

  (2) If the legislative body approves the modified plat, the clerk of the legislative body shall transmit an attested copy of the modified plat to the clerk of the circuit court of the county in which the local jurisdiction is located.

  (3) The modified plat shall supersede the original or prior plat.

#### Section 6-107

The legislative body, by resolution, may abandon a reservation and certify the abandonment to the clerk of the circuit court of the county in which the local jurisdiction is located.

### Subtitle 2. Development Restrictions

#### Section 6-201

In this subtitle, "appellate board" means:

(1) the board of appeals of a local jurisdiction established under Title 4, Subtitle 3 of this article; or

(2) a special board of appeals created to consider appeals under this subtitle.

#### Section 6-202

Except as otherwise provided in Sec. 6-203 of this subtitle, after recording a reservation plat approved by a legislative body under Subtitle 1 of this title, a local jurisdiction may not issue a permit to develop any part of the land between the lines of a proposed street as platted.

#### Section 6-203

(a) The appellate board of the local jurisdiction where a platted street is located may grant a permit to develop a platted street on an appeal filed by the owner of the land on which the street is located:

  (1) after a hearing at which the parties in interest have an opportunity to be heard; and

  (2) by a vote of a majority of the authorized membership of the appellate board.

(b) At least 15 days before the hearing required under subsection (a) of this section, the appellate board shall:

  (1) mail to the appellant, at the address specified in the appeal petition, notice of the time and place of the hearing; and

  (2) publish a notice of the hearing in a newspaper of general circulation in the local jurisdiction.

(c)

  (1) In order to grant a development permit, the appellate board shall find from the evidence and arguments presented on appeal that:

    (i) the entire property of the appellant, of which the reserved street location forms a part, cannot yield a reasonable return to the owner unless the permit is granted; and

    (ii) after balancing the interests of the local jurisdiction and the appellant, the permit is required by reasonable justice and equity.

  (2) In balancing the interests of each party, the appellate board shall consider:

    (i) the interest of the local jurisdiction in preserving the integrity of the street plat and comprehensive plan; and

    (ii) the interest of the appellant in the use of the property and in the benefits of property ownership.

(d) If the appellate board grants a development permit, the appellate board:

  (1) shall specify the exact location, ground area, height, and other details of the development; and

  (2) may impose reasonable requirements benefiting the local jurisdiction as a condition of granting the permit.

#### Section 6-204

(a) A public sewer or other public street utility or improvement may not be constructed in a street or highway until the street or highway is placed on the official map.

(b) A development permit may not be issued unless a street or highway giving access to the proposed development has been placed on the official map.

(c)

  (1) An applicant for a permit may appeal from a decision of the administrative officer in charge of issuing permits to an appellate board if:

    (i) the enforcement of this section would entail exceptional difficulty or unwarranted hardship; and

    (ii) the circumstances do not require the development to be related to existing or proposed streets or highways.

  (2) In deciding an appeal under this subsection, the appellate board may make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout.

  (3) A decision rendered under this subsection shall be subject to judicial review in the same manner and subject to the same provisions of law as a decision of a board of appeals on zoning regulations under Title 4, Subtitle 4 of this article.

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