Chapter 02. Guidelines for the Designation of Areas of Critical State Concern

Explanation. Chapter 363 of the Laws of 1975 extended until December 31, 1975, the life of local comprehensive plans not then in compliance with the provisions of former Article 66B of the Annotated Code of Maryland (including §3.05(a)(7)) (Chapter 8 of the Laws of 1975 established a compliance date of October 31, 1975 for Somerset County). The applicable provisions of former Article 66B are now codified in the Land Use Article, Annotated Code of Maryland. On December 11, 1974, the Department of State Planning suspended for an indefinite period of time the compliance date for the critical area portion of the local plan (now codified at Land Use Article, §3-109, Annotated Code of Maryland, see 1:5 Md. R. 242 (December 11, 1974)).

A local plan may not be deemed invalid or ineffective solely because of a failure to comply timely with Land Use Article, §3-109, Annotated Code of Maryland, unless the Secretary of the Department of Planning makes a determination that the local jurisdiction has not made good faith efforts to comply. Before making any such determination, the Secretary shall afford the affected jurisdiction an opportunity to present evidence of its efforts to comply.