A local jurisdiction shall adopt guidelines for rehabilitation and new construction design for designated sites, structures, and districts that are consistent with those generally recognized by the Maryland Historical Trust. The guidelines adopted under this section may include: design characteristics intended to meet the needs of particular types of sites, structures, and districts; and identification of categories of changes that are so minimal in nature that they do not: affect historic, archaeological, or architectural significance; and require review by a commission.

A person shall file an application with the commission before constructing, reconstructing, altering, moving, or demolishing a site or structure located within a locally designated district if any exterior changes are involved that would affect the historic, archaeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way. An application filed under subsection (a) of this section shall be considered and approved or rejected by the commission. The commission may reject an application based only on the considerations listed in § 8–303(a) of this subtitle. An applicant may not resubmit an application that is identical to a rejected application for 1 year after the rejection. A local jurisdiction may not grant a permit for a change to a locally designated site or structure, or to a site or structure located in a locally designated district, until the commission has acted on the application in accordance with § 8–303(a) of this subtitle.

In reviewing an application, a commission shall: use the guidelines adopted under § 8–301 of this subtitle; and consider: the historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological, or architectural significance of the surrounding area; the relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area; the general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used; and any other factors, including aesthetics, that the commission considers pertinent. A commission shall consider only the exterior features of a structure.

A commission shall strictly judge plans for sites or structures determined by research to be of historic, archaeological, or architectural significance. Unless the plans would seriously impair the historic, archaeological, or architectural significance of the surrounding site or structure, a commission may not strictly judge plans: for a site or structure of little historic, archaeological, or architectural significance; or involving new construction. A commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one period.

A commission shall attempt, with the owner of a site or structure, to formulate an economically feasible plan to preserve the site or structure if: an application is submitted for construction, reconstruction, or alteration affecting a site or the exterior of a structure or for the moving or demolition of a structure; and the commission considers preservation of the site or structure to be of unusual importance to the local jurisdiction, the State, or the nation. Unless the commission is satisfied that the proposed construction, reconstruction, or alteration will not materially impair the historic, archaeological, or architectural significance of the site or structure, the commission shall: reject the application; and file a copy of its rejection with the building inspector of the local jurisdiction. The commission shall have 90 days after the date on which the commission concludes that an economically feasible plan cannot be formulated under this section to negotiate with the owner and other parties to find a means of preserving the site or structure. If a site or structure is considered to be valuable for its historic, archaeological, or architectural significance, a commission may approve proposed construction, reconstruction, alteration, moving, or demolition, despite the fact that the changes come within the provisions of this section if: the site or structure is a deterrent to a major improvement program that will be of substantial benefit to the local jurisdiction; or the retention of the site or structure would: cause undue financial hardship to the owner; or not be in the best interests of a majority of persons in the community.

A commission shall file with the building inspector of the local jurisdiction a certificate of the commission’s approval, approval with conditions, or modification, or written notice of rejection of an application or plan submitted to the commission for review. An applicant may not begin work on a project submitted to the commission for review until the commission has filed the certificate of approval, approval with conditions, or modification with the building inspector. The building inspector may not issue a building permit for a change or construction submitted to the commission for review until the building inspector has received the certificate of approval, approval with conditions, or modification from the commission. If there is no building inspector in the local jurisdiction: a commission shall issue a certificate of the commission’s approval, approval with conditions, or modification, or a written notice of rejection, to the owner, lessee, or tenant of the property that is the subject of the application or plan; and the owner, lessee, or tenant may not begin the proposed work or change until the commission has issued the certificate of approval, approval with conditions, or modification.

If a commission fails to act on a completed application within 45 days after the date when the completed application was filed, the application shall be considered approved unless: the applicant and the commission agree to an extension of the 45–day period; or the application is withdrawn.

Any person aggrieved by a decision of a commission may appeal the decision in the manner provided for an appeal from the decision of the planning commission of the local jurisdiction.