Md. Code, State Government, Title 11

in effect

Md. Code, State Government § 11-101

(a) Unless the context requires otherwise, in this title the following words have the meanings indicated. (b) “Applicant” means a person or governmental unit that applies for a development permit. (c) “Coordinator” means the State Permit Coordinator. (d) “Development permit” means a permit for a development project. (e) “Development project” means a proposed construction or development for which more than 1 permit is required. (f) “Governmental unit” includes: (1) the State; (2) a county, municipal corporation, or other political subdivision of the State; and (3) a unit of a political subdivision of the State. (g) “Local government” means: (1) a county; (2) a municipal corporation in the State; or (3) a unit of a county or municipal corporation in the State. (h) (1) “Permit” means a certificate, license, or other document of approval or permission required to be obtained from a local government or a State unit. (2) “Permit” does not include: (i) an action on a comprehensive zoning application; (ii) an action on an application for a zoning map amendment, zoning special exception, zoning variance, or conditional zoning use; or (iii) an occupational license or operating permit. (i) (1) “State unit” means a unit of the State government. (2) Except as provided in paragraph (3) of this subsection, “State unit” includes: (i) a unit in a principal department of the Executive Branch of the State government; and (ii) the governing body of a single county or multicounty district or authority. (3) “State unit” does not include: (i) the Board of Review of a principal department; (ii) the governing body of a local government; or (iii) a unit that a local government creates.

Md. Code, State Government § 11-102

(a) The General Assembly finds that: (1) the varying and time consuming procedures in obtaining necessary development permits from local governments and State units placed onerous burdens on persons or governmental units undertaking development projects; (2) the former methods for permitting public comment on development projects were cumbersome and time consuming, placed undue hardship on members of the public, and inhibited the public’s ability to present its views to local governments and State units granting development permits; and (3) it is desirable to ensure prompt, reasonable, and decisive action on development permits and to provide for a consolidation of the fact-finding processes involved in issuing development permits to: (i) eliminate unnecessary delay, unreasonable expense, and duplication of effort in obtaining necessary development permits, in order to foster development projects that are in the economic, social, and environmental interest of the citizens of the State; and (ii) remove impediments to the effective expression of public comment on these development projects, in order to safeguard against the approval of development projects that are not in the economic, social, and environmental interest of the citizens of the State. (b) The purposes of this title are to coordinate and to expedite administrative decision making by: (1) consolidating application procedures to help those persons or governmental units that must obtain development permits from 1 or more local governments and State units; (2) consolidating hearings to help local governments and State units in obtaining all relevant information as to applications on which they must act; and (3) requiring action on all applications for development permits within a reasonable time, whether or not subject to consolidated procedures.

Md. Code, State Government § 11-103

(a) (1) This title applies only to a development project and only through the completion of a final action under § 11–520 of this title. (2) This title does not apply to an application for a renewal, amendment, or extension of a development permit. (b) (1) This title applies to the procedures of the Maryland–National Capital Park and Planning Commission for a subdivision or site review to the same extent that this title applies to the procedures of any local government. (2) Except as otherwise provided in this subsection, this title does not affect any exclusive jurisdiction granted by law to a local government or State unit to act on an application for a particular type of development permit, and a local government or State unit that has power to grant development permits may exercise the power free from interference by another unit. (3) The coordinator may inquire as to any application for a development permit and may set a time limit for action to issue or deny a development permit, if the application has not been acted on within the prescribed time. (4) The procedures set forth in this title are exclusive and shall prevail over any inconsistent law or order. (c) This title does not affect the authority of a local government or State unit to set and to collect an application, permit, or other fee, and the fee shall be paid in accordance with the law and procedures relating to that fee. (d) This title does not affect the authority of the Department of Planning under Title 5 of the State Finance and Procurement Article. (e) This title does not apply to the construction of: (1) an electric generating station; or (2) an overhead transmission line designed to carry more than 69,000 volts.

Md. Code, State Government § 11-104

(a) A provision of this title that conflicts with a federal requirement for the grant of federal funds to a local government, to the State, or to a State unit is inoperative to the extent of the conflict and with respect to a unit that the conflict directly affects. (b) To the extent necessary to comply with a conflicting federal requirement, a local government or State unit may modify a notice, timing, hearing, or related procedural requirement of this title. (c) To the extent necessary to comply with a federal requirement, if a development permit is issued jointly by a State unit and the federal government, the State unit may modify a notice, timing, hearing, or related procedural requirement of this title.

Md. Code, State Government § 11-105

The Board of Public Works may: (1) adopt regulations to carry out this title; and (2) appoint hearing examiners to perform the duties set forth in this title.

Md. Code, State Government § 11-301

There is a State Permit Coordinator, who shall be appointed by the Board of Public Works.

Md. Code, State Government § 11-302

(a) The Coordinator shall: (1) coordinate the administration of this title; (2) perform the duties set forth in this title; and (3) carry out the purposes of this title. (b) The Coordinator shall keep copies of the regulations and application forms that relate to the issuance of development permits by each State unit. (c) (1) On request, the Coordinator shall give a person or governmental unit proposing a development project: (i) advice about each development permit that is required for the development project; and (ii) relevant information about the procedures for obtaining the development permit. (2) Advice that the Coordinator gives does not constitute a waiver of any requirement for a development permit or of any condition or procedure for the issuance of the development permit.

Md. Code, State Government § 11-401

(a) A local government that requires a development permit shall keep on file with the Coordinator and the Secretary of Housing and Community Development: (1) a current list of each type of development permit that the local government issues; (2) a description of the nature of each type of development permit; (3) the requirements and procedures for issuing each type of development permit; and (4) a copy of the application form for each type of development permit and the related instructions. (b) If a local government requires a new type of development permit or changes a requirement or application form for an existing type of development permit, the local government shall submit the information required by subsection (a) of this section as to that type of development permit within 30 days after the effective date of the new requirement or change.

Md. Code, State Government § 11-402

(a) If feasible and with the cooperation of each State unit that has authority to issue a development permit, the Coordinator shall develop a State master application form and appropriate appendices for use in applying for multiple development permits. (b) The State master application form and its appendices may be used instead of individual application forms.

Md. Code, State Government § 11-403

The State master application form shall provide: (1) the basic information about a development project that is common to and needed by all or most of the State units that issue development permits; and (2) space in which to: (i) list each State unit from which a development permit is requested; and (ii) describe each development permit.

Md. Code, State Government § 11-404

(a) Each State unit that has authority to issue a development permit shall help the Coordinator to develop an appendix to the State master application form designed to supplement the information on the form and provide the particular information that the State unit needs to issue its development permit. (b) The form of the appendices shall be as similar as possible.

Md. Code, State Government § 11-501

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

Md. Code, State Government § 11-502

(a) 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. (b) 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.

Md. Code, State Government § 11-505

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.

Md. Code, State Government § 11-506

(a) (1) A request for a joint hearing shall be submitted to the local government when the application for the local development permit is submitted. (2) The request to the local government for a joint hearing shall be: (i) in writing; and (ii) accompanied by a copy of the application for each State development permit that is required. (b) (1) At the time the request is made to the local government, the applicant shall send to the Coordinator: (i) a copy of the request for a joint hearing; (ii) a copy of the application for each local and State development permit that is required for the relevant development project; and (iii) a copy of any appendix to any application for a development permit. (2) The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is requested.

Md. Code, State Government § 11-507

(a) The local government may approve or disapprove the request for a joint hearing with respect to any or all of the State units. (b) (1) 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. (2) The Coordinator shall notify each State unit that the decision of the local government affects. (c) 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.

Md. Code, State Government § 11-508

(a) 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: (1) decide whether to participate in a joint hearing; and (2) give notice of its decision to: (i) the applicant; (ii) the local government; and (iii) the Coordinator. (b) 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. (c) 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.

Md. Code, State Government § 11-509

(a) 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. (b) The joint hearing shall be held in the county where the local government is located. (c) 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.

Md. Code, State Government § 11-512

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

Md. Code, State Government § 11-513

(a) An applicant who requests a consolidated hearing may give the Coordinator all appropriate applications and appendices. (b) The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is required. (c) The request for a consolidated hearing shall be accompanied by a certificate that the requirements of § 11-512 of this subtitle are satisfied. (d) 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.

Md. Code, State Government § 11-514

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.

Md. Code, State Government § 11-515

(a) 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. (b) (1) 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. (2) 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. (3) 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. (4) The Coordinator may hold additional hearings in another county or may continue the original hearing in another county.

Md. Code, State Government § 11-518

(a) (1) 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. (2) 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. (b) The Coordinator shall publish notice of the application and hearing in the Maryland Register. (c) Each notice under this section shall contain: (1) a description of the development project, including its location, the land area involved, and the nature of the development project; (2) a list of the local and State units that will participate in the hearing and their post office addresses and telephone numbers; (3) a description of each development permit requested; (4) the time, date, and place of the hearing; and (5) 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. (d) 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.

Md. Code, State Government § 11-519

(a) (1) 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. (2) 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. (b) (1) An individual designated by the local government shall preside over a joint hearing. (2) The Coordinator, or a hearing examiner designated by the Coordinator, shall preside over a consolidated hearing. (c) 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. (d) 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.

Md. Code, State Government § 11-520

(a) (1) 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. (2) 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. (b) (1) 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. (2) 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. (c) 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. (d) 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. (e) 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. (f) 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.

Md. Code, State Government § 11-521

(a) A State unit is entitled to an extension of the time specified in § 11-515 of this subtitle, if the State unit: (1) determines, in writing, that: (i) the application and appendices are lacking in specific required information; or (ii) technical information, tests, or studies are needed for consideration of the application; (2) states the specific information, tests, and studies needed; (3) 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 (4) delivers the written determination to the Coordinator and to the applicant at least 10 days before the scheduled hearing date. (b) A State unit is entitled to an extension of the time specified in § 11-520 of this subtitle, if the State unit: (1) determines, in writing, that: (i) the application and appendices are lacking in specific required information; (ii) technical information, tests, or studies are needed for consideration of the application; or (iii) new information requiring further evaluation has been obtained from the public hearing; (2) states the specific information, tests, and studies needed; (3) 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 (4) 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. (c) (1) 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. (2) 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.

Md. Code, State Government § 11-522

(a) (1) An applicant for a development permit may appeal the determination of a State unit under § 11-521 of this subtitle on the grounds that: (i) the specific information, test, or study is unnecessary; or (ii) the time stated by the State unit for completion is unreasonable. (2) The appeal shall be made: (i) to the board of review of the State unit; or (ii) 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. (b) The appeal must be taken within 30 days after the applicant receives the determination. (c) (1) The board of review or the Board of Public Works: (i) shall consider the appeal promptly; (ii) may affirm, modify, or reverse the determination of the State unit; and (iii) may set a new hearing date with respect to the application. (2) The applicant has the burden to show that the determination of the State unit was improper. (3) The State unit shall continue its evaluation of the development project, including tests and studies, through the appeal procedure.

Md. Code, State Government § 11-523

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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026