# COMAR Title 34 — Department of Planning

## Subtitle 03 — Land Use

### Chapter 02 — Guidelines for the Designation of Areas of Critical State Concern

**Authority:** State Finance and Procurement Article, §5-611(d), Annotated Code of Maryland

**Administrative History:** Effective date: December 11, 1974 (1:5 Md. R. 242)

**Administrative History:** Chapter revised effective January 7, 1976 (3:1 Md. R. 41)

**Administrative History:** Regulations .03 and .11 amended effective June 30, 1978 (5:13 Md. R. 1065)

**Administrative History:** Regulation .03B amended as an emergency provision effective September 26, 1980 (7:21 Md. R. 1991); adopted permanently effective November 28, 1980 (7:24 Md. R. 2263)

**Administrative History:** Regulation .12 amended as an emergency provision effective May 8, 1978 (5:10 Md. R. 776); adopted permanently effective June 30, 1978 (5:13 Md. R. 1065)

**Administrative History:** Previous Regulation .05 repealed as an emergency provision effective May 8, 1978 (5:10 Md. R. 776); Regulations .02 and .05 repealed effective June 30, 1978 (5:13 Md. R. 1065) (Previous Regulations .03, .04, .06—.14 renumbered as Regulations .02, .03, .04—.12, respectively)

**Administrative History:** Chapter recodified from COMAR 16.00.02 to 16.04.01

**Administrative History:** Regulations .01—.11 repealed and Regulation .12 recodified to Regulation .01 effective November 30, 1987 (14:24 Md. R. 2558)

**Administrative History:** Chapter recodified from COMAR 16.04.01 to COMAR 14.24.07 in July, 1989

**Administrative History:** Chapter recodified from COMAR 14.24.07 to COMAR 34.03.02 in 2008

**Administrative History:** Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 407)

#### Regulation .01 Time Schedule for Compliance with Land Use Article, Annotated Code of Maryland.

*COMAR 34.03.02.01*

A. 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)).

B. 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.