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<section article="gnr" article_name="Natural Resources" number="8-1810" title_number="8" title_name="Waters" subtitle_number="18" subtitle_name="Chesapeake and Atlantic Coastal Bays Critical Area Protection Program">
  <level label="a">
    <text>If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8–1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.</text>
  </level>
  <level label="b">
    <text>Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission’s members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.</text>
  </level>
  <level label="c">
    <text>If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.</text>
  </level>
  <level label="d">
    <text>If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8–1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>If a local jurisdiction fails to update an adopted program after the deadline under § 8–1809(g)(1) of this subtitle or after the expiration of an extension granted under § 8–1809(h) of this subtitle, the Commission shall make a good faith effort to notify the local jurisdiction that its program needs to be updated by at least 4 documented notification attempts over a 3–year period.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, the local jurisdiction shall adopt an update to the program within 2 years of the last notice from the Commission.</text>
      </level>
      <level label="ii">
        <text>The Commission may update the program if the local jurisdiction fails to update its program within the 2–year period.</text>
      </level>
    </level>
  </level>
</section>
