# Public Utilities (GPU)

## Title 21. Property and Land Use Matters

### Subtitle 1. Acquisition and Disposition of Property

#### Section 21-101

(a) In this section, "property" includes:

  (1) land;

  (2) structures;

  (3) buildings;

  (4) streambeds;

  (5) waterways;

  (6) water rights;

  (7) watersheds;

  (8) water systems and parts of water systems; and

  (9) wastewater systems and parts of wastewater systems.

(b) The Commission may acquire property for the construction, extension, maintenance, or operation of a project the Commission considers:

  (1) necessary to carry out this division; or

  (2) in furtherance of this division.

(c) If the Commission decides to acquire property within or outside the sanitary district in accordance with subsection (b) of this section, the Commission may acquire the property:

  (1) in fee; or

  (2) as an easement.

(d) If the Commission fails to agree on the terms of acquisition with the owner of any property, the Commission may condemn the property by filing a petition for condemnation in the circuit court for the county in which the property is situated, as provided for condemnation of land under the Real Property Article.

(e) The Commission may condemn the interest of any tenant, lessee, or other person having an interest in property that the Commission decides to acquire.

#### Section 21-102

(a)

  (1) Except as provided in subsection (b) of this section, land used for cemetery purposes may not be condemned unless the Commission adopts a resolution declaring that it is necessary for the public health and safety to acquire the cemetery land, or an easement in the land, immediately by condemnation.

  (2) A resolution under this subsection may only be adopted on the affirmative vote of a majority of the commissioners from the county where the cemetery land is located.

(b)

  (1) The Commission may condemn public or private land used for cemetery purposes, or an easement in the land, without adopting a resolution in accordance with subsection (a) of this section if the land or easement is for the purpose of installing sewer lines or water lines.

  (2) Sewer lines or water lines installed on property condemned under paragraph (1) of this subsection shall be constructed underground and enclosed.

(c) The land or easement to be acquired may not disturb:

  (1) any existing grave, grave marker, or monument; or

  (2) any grave site:

    (i) the title to which has been transferred as a result of a bona fide sale or exchange; or

    (ii) in which burial rights have vested or been transferred as a result of a bona fide sale or exchange.

#### Section 21-103

If the Commission does not consider the property necessary for the operation of its water, sewer, or stormwater management systems, the Commission may sell, lease, transfer, convey, or dispose of any of its real or personal property on terms and conditions that the Commission considers advantageous.

#### Section 21-104

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "High performance building" means a building that:

    (i) meets or exceeds the current version of the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or

    (ii) achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services.

  (3) "Major renovation" means the renovation of a building where:

    (i) the building shell is to be reused for the new construction;

    (ii) the heating, ventilating, and air-conditioning (HVAC), electrical, and plumbing systems are to be replaced; and

    (iii) the scope of the renovation is 7,500 square feet or greater.

(b) It is the intent of the General Assembly that, to the extent practicable:

  (1) the Commission shall employ green building technologies when constructing or renovating a Commission-owned building not subject to this section; and

  (2) high performance buildings shall meet the criteria and standards established under the "High Efficiency Green Building Program" adopted by the Maryland Green Building Council.

(c) Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building.

(d) The following types of unoccupied buildings are not required to be constructed or renovated to be high performance buildings:

  (1) warehouse and storage facilities;

  (2) garages;

  (3) maintenance facilities;

  (4) transmitter buildings;

  (5) pumping stations; and

  (6) other similar types of buildings, as determined by the Commission.

(e)

  (1) The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section.

  (2) On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable.

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