# COMAR Title 34 — Department of Planning ## Subtitle 03 — Land Use ### Chapter 01 — Standards for Intervention in Land Use Proceedings **Authority:** State Finance and Procurement Article, §5-305, Annotated Code of Maryland **Administrative History:** Effective date: October 15, 1975 (2:23 Md. R. 1416) **Administrative History:** (Chapter recodified from COMAR 16.00.03 to 16.03.01) **Administrative History:** Chapter revised effective December 26, 1980 (7:26 Md. R. 2425) **Administrative History:** Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557) **Administrative History:** Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558) **Administrative History:** Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558) **Administrative History:** Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989 **Administrative History:** Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01 #### Regulation .01 Nature and Purpose of Intervention. *COMAR 34.03.01.01* Legislative, executive, and judicial decisions at all levels of government that concern land use, development, or construction may have important consequences for the State. The Department of Planning is authorized by statute to participate as a party in any proceeding in the State concerning land use, development, or construction. The purpose of intervention in a particular proceeding is to inform the decision-maker of the Department's views or the views of another unit of State government and to prompt the decision-maker to take action that will be most consistent with the general welfare of the State and its citizens. #### Regulation .02 General Policy on Intervention. *COMAR 34.03.01.02* It is the general policy of the Department to participate in selected proceedings concerning land use, development, or construction that are of State or interjurisdictional interest. The decision whether a particular proceeding is of State or interjurisdictional interest shall be made by the Department according to these standards. #### Regulation .03 Intervention in Local Proceedings. *COMAR 34.03.01.03* A. Review of Basic Plans and Regulations. Certain plans and regulations serve as the foundation for land use, development, and construction decisions in a county or municipal corporation. These plans and regulations generally affect all or a substantial portion of the county or municipal corporation. Because of their importance, the Department reviews these plans and regulations and makes recommendations to local governments, as appropriate. The Department may participate in local proceedings preceding the adoption of a particular plan, regulation, or set of regulations, through correspondence, through attendance or testimony at meetings or hearings, or in any other appropriate manner. The Department may also participate in judicial proceedings in which an adopted plan or regulation is invoked or challenged. Examples of the plans and regulations covered by this section are: (1) Comprehensive or master plans, area plans, and functional plans, and amendments to these plans; (2) Zoning ordinances and text amendments to these ordinances; (3) Comprehensive zonings and comprehensive rezonings; (4) Subdivision regulations and amendments to these regulations; and (5) Local critical area protection programs prepared under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland. B. Participation in Individual Proceedings. The term “individual proceedings” includes proceedings in connection with zoning map amendments, special exceptions, variances, and the administration of subdivision regulations, as well as other proceedings that normally involve only a single property or a small number of properties. The Department shall examine the following factors in determining whether an individual proceeding is of State or interjurisdictional interest, so as to warrant intervention: (1) The consistency of proposed actions with State policies, plans, and programs; (2) The impacts proposed actions are likely to have on State facilities; (3) The interjurisdictional impacts proposed actions are likely to have; (4) The economic and environmental impacts proposed actions are likely to have; (5) The compatibility of proposed actions with local plans, regulations, and enabling authority; and (6) The compatibility of proposed actions with State statutory and case law. #### Regulation .04 Intervention in Proceedings of Regional, State, Interstate, and Federal Agencies. *COMAR 34.03.01.04* The Department may intervene in certain proceedings in this State that are conducted by regional, State, interstate, and federal agencies. Among these are proceedings in connection with the adoption or amendment of plans; the initiation, modification, or abandonment of major public improvements; the adoption, amendment, or enforcement of regulations; and the granting, modification, or revocation of licenses or permits. The Department may participate in these proceedings through correspondence, through attendance or testimony at meetings or hearings, through legal argument, or in any other appropriate manner. #### Regulation .05 Requests for Intervention. *COMAR 34.03.01.05* A. Units of State Government. A unit of State government may request that the Department intervene in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of the requesting unit or another unit of State government, to state the views of the Department or the requesting unit. B. Local Governments, Individuals, and Organizations. A local government may request that the Department intervene in a local proceeding, including a proceeding of another local government, or in a proceeding of a regional, State, interstate, or federal agency. An individual or organization may request that the Department intervene in a local proceeding, or in a proceeding of a regional, State, interstate, or federal agency. If it intervenes, the Department will state the views of the Department or another unit of State government. C. Submission of Requests for Intervention. (1) Requests for intervention should be in writing and should contain the following information: (a) The name, address, and telephone number of the individual, organization, or agency making the request; (b) The location, size, and ownership of any property involved; (c) The name of the approving authority; (d) The nature and date of any scheduled hearing or other proceedings; and (e) The reason for requesting intervention. (2) Requests for intervention should be directed to the Secretary, Department of Planning, 301 West Preston Street, Baltimore, Maryland 21201. (3) Untimely requests for intervention may not be honored, except in unusual circumstances. #### Regulation .06 Notice by Local Governments to the Department. *COMAR 34.03.01.06* The Department and local governments have established written procedures for notifying the Department of proceedings concerning land use, development, or construction that may be of State or interjurisdictional interest. The notification procedures are intended to keep the Department advised of local developments and not to limit the Department's intervention authority. The Department may intervene in a local proceeding, whether or not it receives notice according to the notification procedures. The Department may send annual reminders or informational memoranda to local governments to ensure that they are aware of notification procedures. #### Regulation .07 Coordination with Units of State Government. *COMAR 34.03.01.07* A. In General. The Department shall make efforts to coordinate its intervention activities with the plans, programs, and activities of other units of State government. When the Department determines that intervention in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of another unit of State government, may be of interest to a unit of State government, the Department shall, if possible, inform the interested unit, in advance, of its intention to intervene. B. Coordination Procedures. The Department may establish specific coordination procedures in cooperation with another unit of State government to facilitate participation in land use proceedings of mutual concern. C. Coordination with Chesapeake Bay Critical Area Commission. (1) If the Department has comments concerning the proposed or adopted critical area protection program of a local jurisdiction, or a proposed amendment to the program, it shall express its views to the local jurisdiction and to the Chesapeake Bay Critical Area Commission. (2) Before the Department intervenes in an individual proceeding involving land that is located in the Chesapeake Bay Critical Area and that is covered by an adopted local critical area protection program, it shall coordinate with the Chesapeake Bay Critical Area Commission, except when coordination is not possible due to time constraints. After it intervenes in a proceeding, the Department shall keep the Critical Area Commission informed about its actions. #### Regulation .08 Standards Do Not Limit Authority. *COMAR 34.03.01.08* These standards are intended to inform governmental units, individuals, and organizations of the general policy and procedures that will be followed by the Department. They are not intended to and should not be construed to limit the Department's intervention authority.