In this subtitle the following words have the meanings indicated. “Consolidated hearing” means a hearing before State units from which development permits are required. “Joint hearing” means a hearing before the local government and State units from which development permits are required.

This subtitle may not be construed to require a hearing or to require a State unit to participate in a hearing on an application for a development permit before the State unit if the law governing the development permit involved does not require a hearing. A State unit that does not hold a hearing on an application for a development permit shall proceed in accordance with the law and procedures applicable to the issuance of development permits by that State unit, except that the State unit shall act on the application within 60 days after receiving the completed application.

An applicant who requires a development permit from a local government and a development permit from a State unit may request a joint hearing before the local government and the State unit from which the development permits are required.

A request for a joint hearing shall be submitted to the local government when the application for the local development permit is submitted. The request to the local government for a joint hearing shall be: in writing; and accompanied by a copy of the application for each State development permit that is required. At the time the request is made to the local government, the applicant shall send to the Coordinator: a copy of the request for a joint hearing; a copy of the application for each local and State development permit that is required for the relevant development project; and a copy of any appendix to any application for a development permit. The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is requested.

The local government may approve or disapprove the request for a joint hearing with respect to any or all of the State units. Within 20 days after receiving a request for a joint hearing, the local government shall give written notice of its decision to the applicant and the Coordinator. The Coordinator shall notify each State unit that the decision of the local government affects. If the local government disapproves the request with respect to all of the State units, the local government shall proceed separately to consider the application for the local development permit.

If the local government approves the request for a joint hearing with respect to a State unit, that State unit has 10 days after receipt of the notice from the Coordinator to: decide whether to participate in a joint hearing; and give notice of its decision to: the applicant; the local government; and the Coordinator. The Coordinator shall give any other State unit involved in the hearing notice of a decision made by a State unit under subsection (a) of this section. If there is only 1 State unit affected and the local government elects to have a joint hearing, the State unit shall participate in the joint hearing, unless it is entitled to an extension as provided in § 11-521 of this subtitle.

If a joint hearing is to be held, the local government that approved the request for the joint hearing shall set the time, date, and place of the hearing, as provided in this section. The joint hearing shall be held in the county where the local government is located. The joint hearing shall be held no less than 30 days and no more than 90 days after the notices required under § 11-508(a)(2) of this subtitle have been given.

An applicant may request a consolidated hearing: if the applicant requires at least 2 development permits from State units; and if: the applicant does not require a local development permit; all required local development permits have been issued; or a required local development permit cannot be issued until 1 or more State development permits have been issued.

An applicant who requests a consolidated hearing may give the Coordinator all appropriate applications and appendices. The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is required. The request for a consolidated hearing shall be accompanied by a certificate that the requirements of § 11-512 of this subtitle are satisfied. If an application for a State development permit has been submitted in connection with a request for a joint hearing, the application need not be resubmitted. However, if the State unit did not participate in the joint hearing, the applicant shall give the Coordinator notice of the action taken by the local government and shall submit the amendments to the State master application or appendices or additional material that are relevant to the consideration of the request for the State development permit. The Coordinator shall send copies of the relevant parts of the amendments, appendices, or additional material to each State unit that is affected.

On receipt of the State master application and appropriate appendices, or the information filed in accordance with § 11-513(d) of this subtitle, and after consulting with the affected State units, the Coordinator shall set the time, date, and place of a consolidated hearing with respect to all of the State development permits requested.

Subject to this section and § 11-521 of this subtitle, the consolidated hearing shall be held no less than 30 days and no more than 90 days after the day on which the Coordinator receives the completed application and appendices or information. Except as otherwise provided in this subsection, the consolidated hearing shall be held at a convenient location in the county where the development project is to be located. If the development project is to be located in more than 1 county, the consolidated hearing shall be held in the county where the greatest part of the area to be developed is located. If the development project is to be located in only 1 county but affects another county, the consolidated hearing shall be held in the county that the Coordinator determines will receive the greatest impact from the development project. The Coordinator may hold additional hearings in another county or may continue the original hearing in another county.

On receiving notice of the time, date, and place of a joint hearing or consolidated hearing, the applicant shall give public notice of the application and hearing. The notice shall be published once in each of 2 successive weeks before the hearing in a newspaper of general circulation in each county in which the development project is to be located. The Coordinator shall publish notice of the application and hearing in the Maryland Register. Each notice under this section shall contain: a description of the development project, including its location, the land area involved, and the nature of the development project; a list of the local and State units that will participate in the hearing and their post office addresses and telephone numbers; a description of each development permit requested; the time, date, and place of the hearing; and if the hearing is a joint hearing with a local government or involves a unit of the federal government, any other information that the local government or federal unit requires. In addition to the notices required by this section, if the law governing the issuance of a development permit requires that a person or governmental unit provide notice of an application or a hearing to a particular person or unit, that person or governmental unit shall do so in the manner required by that law.

Each State unit participating in a joint hearing or consolidated hearing shall be represented at the hearing by the official who issues the development permit or that official’s designee. The representative of a State unit at a joint hearing or consolidated hearing may participate fully in the hearing with respect to information, views, and supporting material relevant to the issuance of the development permit by the State unit. An individual designated by the local government shall preside over a joint hearing. The Coordinator, or a hearing examiner designated by the Coordinator, shall preside over a consolidated hearing. At a joint hearing or consolidated hearing, the applicant may submit relevant information and material in support of an application for a development permit that is on the agenda for the hearing. At a joint hearing or consolidated hearing, any person or governmental unit shall be given the opportunity to present relevant facts, evidence, or arguments for or against the granting of a development permit that is on the agenda for the hearing.

A local government shall act on each application for a development permit to be issued by the local government in accordance with the law and procedures applicable to the granting of the development permit. If the local government has participated in a joint hearing, it shall give prompt notice of its action to the Coordinator, who shall send the notice to each State unit that participated in the joint hearing. Each State unit that has participated in a joint hearing shall act promptly on each application for a development permit to be issued by the State unit within 60 days after the day on which the State unit receives notice that the local government has acted on the application for the local development permit. If the local government has denied the local development permit, the State unit may deny its development permit for that reason. However, the State unit may reconsider the application for a development permit if the local development permit is later granted. A State unit that has participated in a joint hearing shall give the Coordinator and the local government notice of the action by the State unit on each application for a development permit. Each State unit that has participated in a consolidated hearing shall act on each application for a development permit to be issued by the State unit within 60 days after the day on which the consolidated hearing concludes. Each State unit that does not hold a hearing shall act on an application for a development permit within 60 days after receiving the completed application for the development permit. Unless a State unit obtains an extension under § 11-521 of this subtitle, failure of the State unit to act within the time set by this section and by § 11-515 of this subtitle constitutes automatic approval of the application for a development permit as submitted to the State unit, and the State unit immediately shall issue the development permit.

A State unit is entitled to an extension of the time specified in § 11-515 of this subtitle, if the State unit: determines, in writing, that: the application and appendices are lacking in specific required information; or technical information, tests, or studies are needed for consideration of the application; states the specific information, tests, and studies needed; states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and delivers the written determination to the Coordinator and to the applicant at least 10 days before the scheduled hearing date. A State unit is entitled to an extension of the time specified in § 11-520 of this subtitle, if the State unit: determines, in writing, that: the application and appendices are lacking in specific required information; technical information, tests, or studies are needed for consideration of the application; or new information requiring further evaluation has been obtained from the public hearing; states the specific information, tests, and studies needed; states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and delivers the written determination to the Coordinator and to the applicant at least 10 days before the expiration of the time specified in § 11-520 of this subtitle. Subject to § 11-522 of this subtitle, on timely delivery of the written determination, the time limit shall be extended until 30 days after the information required from the applicant is received or 30 days after the time specified in the determination for the completion of the other information, tests, and studies not required from the applicant, as the case may be. If new information is obtained from a public hearing, the Coordinator and the State unit involved shall jointly agree to a reasonable extension of time before the unit must act on the development permit.

An applicant for a development permit may appeal the determination of a State unit under § 11-521 of this subtitle on the grounds that: the specific information, test, or study is unnecessary; or the time stated by the State unit for completion is unreasonable. The appeal shall be made: to the board of review of the State unit; or if the State unit does not have a board of review or its board of review does not have jurisdiction to review the development permit, to the Board of Public Works. The appeal must be taken within 30 days after the applicant receives the determination. The board of review or the Board of Public Works: shall consider the appeal promptly; may affirm, modify, or reverse the determination of the State unit; and may set a new hearing date with respect to the application. The applicant has the burden to show that the determination of the State unit was improper. The State unit shall continue its evaluation of the development project, including tests and studies, through the appeal procedure.

Administrative and judicial review of the final action of a local government or State unit on an application for a development permit shall be in accordance with the law and procedures governing the issuance of development permits by the local government or State unit.