# Land Use (GLU)

## Title 9. Single-County Provisions

### Subtitle 10. Frederick County

#### Section 9-1001

This subtitle applies to Frederick County.

#### Section 9-1002

Notwithstanding any other provision of this division, the governing body of Frederick County may overrule an action of the county planning commission under Title 3, Subtitle 2 or 3 of this article.

#### Section 9-1003

(a) Notwithstanding Sec. 4-302 of this article, the members of the board of appeals may be appointed to terms of 1 to 3 years.

(b) The terms of the members of the board of appeals shall be staggered.

#### Section 9-1004

If a plat is approved and recorded in accordance with this division before the transfer of the property, Sec. 5-301 of this article does not apply to a contract for sale or negotiation for sale of property zoned industrial, commercial, or both industrial and commercial.

#### Section 9-1005

(a) A person aggrieved by an agreement executed under Title 7, Subtitle 3 of this article may file an administrative appeal to the county board of zoning appeals.

(b)

  (1) Any of the following persons may file a request for judicial review by the circuit court of the county of a decision of the board of zoning appeals:

    (i) a person aggrieved by the decision; or

    (ii) a party to the proceeding before the board of zoning appeals.

  (2) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.

(c) Any party to the proceeding in the circuit court aggrieved by the decision of the circuit court may appeal to the Appellate Court of Maryland in the same manner provided for civil cases.

(d)

  (1) If a development rights and responsibilities agreement was entered into before July 1, 2016, a person aggrieved by an amendment to the agreement:

    (i) may not file an administrative appeal; and

    (ii) may seek direct judicial review of the agreement in circuit court by filing a request with the circuit court of the county.

  (2) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.

  (3) Under this subsection, a party to the proceeding in the circuit court that is aggrieved by the decision of the circuit court may appeal to the Appellate Court of Maryland and thereafter may petition the Supreme Court of Maryland for a writ of certiorari in the manner that is provided for civil cases.

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