Md. Code, Land Use, Title 17

in effect

Md. Code, Land Use § 17-101

(a) The Commission may acquire property for the purposes stated in subsection (b) of this section to carry out the Commission’s general plan for the physical development of the metropolitan district. (b) The purposes for acquisition include: (1) in the metropolitan district: (i) parks; (ii) forests; (iii) roads; and (iv) other public ways, grounds, and spaces; and (2) public recreation, including the construction of public recreation centers, community buildings, or other public buildings necessary to house a public recreation program. (c) The Commission: (1) may improve and develop property that it acquires under this section for the purposes stated in subsection (b) of this section; and (2) controls the maintenance and operation of the property. (d) A general regulation governing property acquired for a purpose under subsection (b)(1) of this section in either county may not take effect until the regulation receives the affirmative vote of at least three members of the Commission from that county.

Md. Code, Land Use § 17-102

(a) This section is for the purpose of preserving and enhancing the scenic beauty of Rock Creek. (b) Notwithstanding any power of the Commission to acquire property, without the approval of the majority of the members of the Montgomery County Council, on or after July 1, 1969, the Commission may not construct a new road adjacent to Rock Creek within 1500 feet from the banks of the creek. (c) This section may not be construed to prohibit the construction of a bridge or road necessary to cross Rock Creek.

Md. Code, Land Use § 17-103

(a) To finance wholly or partly the acquisition of property under § 17–101(b) of this subtitle, the Commission may receive and expend any contribution or appropriation by the United States, the District of Columbia, the State, any other political subdivision, or any person. (b) To finance wholly or partly land acquisition, design, development, redevelopment, or revitalization in Prince George’s County, the Commission may receive and expend any contribution or appropriation by the United States, the District of Columbia, the State, any other political subdivision, or any person.

Md. Code, Land Use § 17-104

(a) Title to lands acquired under § 1(a) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, shall vest in the United States, as provided in that act. (b) Except as provided in subsection (c) of this section, without the approval of the General Assembly: (1) title to any other property acquired may not be placed in or granted to the United States or any person or political subdivision other than the metropolitan district itself or the State; and (2) the control, maintenance, operation, or policing of any other park, forest, road, or other public way, ground, or space in the metropolitan district may not be placed in or granted to the United States or to any other person or political subdivision other than the Commission itself. (c) In Prince George’s County, the title, control, maintenance, or operation of property acquired in the Prince George’s County portion of the metropolitan district may be transferred by county local law to: (1) the redevelopment authority of Prince George’s County; or (2) the revenue authority of Prince George’s County.

Md. Code, Land Use § 17-105

(a) The Commission may acquire land for the purposes stated in § 17–213 of this title and Title 18, Subtitle 2 of this article outside the metropolitan district but in the regional district. (b) The Commission may acquire land under subsection (a) of this section if the Commission finds that the acquisition is necessary to preserve any portion of the Commission’s regional park plan for the metropolitan district. (c) (1) To acquire land under this section, the Commission may expend any current funds that may be expended under this division for land acquisition in the metropolitan district for the purposes authorized by this section. (2) Funds used for land acquisition in the Montgomery County portion of the metropolitan district may include the proceeds of bonds the Commission issues under Title 18, Subtitle 2 of this article.

Md. Code, Land Use § 17-108

(a) Whenever the Commission considers it necessary to acquire any property for a purpose stated in § 17–101(b) of this subtitle, the Commission may: (1) purchase the property from the owner; or (2) if the Commission fails to agree with the owner, condemn the property by proceedings in the circuit court for the county in which the property is located. (b) At the same time, the Commission may acquire the interest of any tenant, lessee, or other person having an interest in the property.

Md. Code, Land Use § 17-109

The Commission shall condemn property using the procedures for condemnation of land by a public service company in accordance with Title 12 of the Real Property Article.

Md. Code, Land Use § 17-110

(a) Subject to subsection (b) of this section, at any time after 10 days after the return and recordation of the verdict or award in the proceedings, the Commission may enter and take possession of the condemned property, notwithstanding any appeal or further proceedings on the part of the defendant. (b) (1) Before entering the property, the Commission shall pay to the clerk of the circuit court the amount of the award and all costs assessed to date. (2) At the time of payment, the Commission shall agree to abide by and fulfill any judgment following appeal, or until the time to request an appeal expires.

Md. Code, Land Use § 17-113

(a) In this part the following words have the meanings indicated. (b) (1) “Business” means a lawful activity conducted primarily: (i) for the purchase, sale, lease, or rental of property; (ii) for the manufacture, processing, or marketing of products or other personal property; (iii) for the sale of services to the public; or (iv) by a nonprofit organization. (2) “Business” does not include a farm operation. (c) “Displaced”, with respect to a person, means moving from real property, or moving the person’s personal property from real property: (1) wholly or partly as a result of the Commission’s acquisition of the real property; or (2) as the result of a written order of the Commission to vacate the real property for a public works program or project the Commission undertakes. (d) “Farm operation” means an activity that: (1) is conducted primarily for the production of one or more agricultural products, including timber, for sale or home use; and (2) customarily produces those products in sufficient quantity to be able to contribute materially to the operator’s income. (e) “Relocation payment” means a payment the Commission makes to a displaced person in accordance with this part.

Md. Code, Land Use § 17-114

(a) In this section, “average annual net earnings”: (1) means one–half of any net earnings of the business or farm operation, before federal, State, and local income taxes, during: (i) the 2 taxable years immediately preceding the taxable year when the business or farm operation moves from the real property acquired for the project; or (ii) a different period the Commission determines to be more equitable for establishing the earnings; and (2) includes any compensation paid by the business or farm operation to the owner or the owner’s spouse or dependents during the period. (b) A person who is displaced by the acquisition of real property for a program or project the Commission undertakes may apply to the appropriate county planning board for a relocation payment under this section. (c) The Commission shall make the relocation payment to the displaced person after the county planning board approves the application. (d) (1) The relocation payment shall include: (i) actual reasonable expenses to move the person and the person’s family, business, farm operation, or other personal property; (ii) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and (iii) actual reasonable expenses in searching for a replacement business or farm. (2) The losses payable under paragraph (1)(ii) of this subsection may not exceed the reasonable expenses that would have been required to relocate the property, as determined by the appropriate county planning board. (e) A displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from a dwelling and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive: (1) a moving expense allowance determined according to a schedule established by the Commission, not to exceed $300; and (2) a relocation allowance of $200. (f) (1) Subject to subsection (g) of this section, a displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from the person’s place of business or farm operation and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation. (2) A relocation payment under this subsection shall be at least $2,500 and may not exceed $10,000. (g) A business is not eligible to receive a relocation payment under subsection (f) of this section unless the Commission is satisfied that the business: (1) cannot be relocated without a substantial loss of its existing patronage; and (2) is not a part of a commercial enterprise that has at least one other location that: (i) the Commission is not acquiring; and (ii) is engaged in the same or a similar business.

Md. Code, Land Use § 17-115

(a) In addition to any other authorized payment, the Commission shall make an additional relocation payment not to exceed $15,000 to a person who is displaced from a dwelling that the person owns and has occupied for at least 180 days immediately preceding the start of negotiations to acquire the property. (b) The additional relocation payment shall include: (1) any additional amount that, added to the acquisition cost of the dwelling acquired by the Commission, equals the reasonable cost of a comparable replacement dwelling that is a habitable dwelling: (i) adequate to accommodate the displaced person; (ii) reasonably accessible to public services and places of employment; and (iii) available on the private market; (2) subject to subsection (c) of this section, any additional amount that the displaced person must pay to finance acquisition of a comparable replacement dwelling; and (3) reasonable expenses the displaced person incurs for title insurance, recording and transfer fees and taxes, and other taxes and closing costs incident to the purchase of the replacement dwelling, other than prepaid expenses. (c) (1) The Commission shall include financing under subsection (b)(2) of this section in an additional relocation payment only if the dwelling was encumbered by a mortgage that was a valid lien on the dwelling for at least 180 days immediately preceding the start of negotiations to acquire the dwelling. (2) The amount payable under subsection (b)(2) of this section shall be computed for the period of time remaining under the mortgage on the acquired dwelling as the product of: (i) the net present value of the difference, if any, between: 1. the interest and other debt service costs to be incurred to finance the replacement dwelling for that period; and 2. those costs that would have been incurred for that period to finance the acquired dwelling; and (ii) the unpaid principal balance of the mortgage on the acquired dwelling at the time of acquisition divided by the principal amount of the purchase money mortgage on the replacement dwelling. (3) The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area where the replacement dwelling is located. (d) The Commission shall make the additional relocation payment only to a displaced person who purchases and occupies a habitable replacement dwelling by the later of: (1) 1 year after the person receives from the Commission final payment of all costs of the acquired dwelling; or (2) the date when the person moves from the acquired dwelling.

Md. Code, Land Use § 17-116

(a) Whenever the acquisition of real property for a program or project the Commission undertakes will result in a person being displaced, the Commission shall refer each displaced person who needs relocation advisory services to the appropriate county agency that provides those services in accordance with § 12–206 of the Real Property Article. (b) The agency shall provide relocation advisory services to the displaced person the Commission refers to the agency under the agency’s relocation advisory services program.

Md. Code, Land Use § 17-117

(a) The Commission may establish regulations and procedures necessary to ensure that: (1) relocation payments and assistance are administered in a manner that is fair and reasonable and is as uniform as practicable; (2) a displaced person who makes proper application for a relocation payment for that person shall be paid promptly after a move or, in case of hardship, be paid in advance; and (3) a person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a relocation payment, may have the person’s application reviewed by the appropriate county planning board. (b) In order to promote uniform and effective administration of relocation assistance and land acquisition, the Commission shall consult State and local agencies providing similar services on the establishment of regulations and procedures for the implementation of the programs.

Md. Code, Land Use § 17-118

Payment received under this part may not be considered as income for the purposes of Title 10 of the Tax – General Article.

Md. Code, Land Use § 17-201

(a) The State or the Commission, as appropriate, shall hold any land acquired under this division to which it takes title: (1) for the general benefit of the residents of the State; and (2) especially for the benefit of the residents in the metropolitan district. (b) Without the approval of the Commission by resolution: (1) title to the land may not be conveyed by the State; or (2) public use may not be terminated.

Md. Code, Land Use § 17-202

(a) This division does not limit the police power of the State, either county, or any municipal corporation where any park, road, or public space is located. (b) The concurrent police power of a municipal corporation extends only to areas located within its boundaries for purposes of this division.

Md. Code, Land Use § 17-203

(a) All property acquired by the Commission for any purpose specified in this subtitle and Subtitle 1 of this title is exempt from State, county, and municipal taxes. (b) All land dedicated to the Commission in accordance with county subdivision regulations is property acquired by the Commission within the meaning of this section.

Md. Code, Land Use § 17-204

(a) (1) The Commission may lease to any responsible person any land in the metropolitan district acquired for park purposes under this division. (2) (i) The term of a lease may not exceed 20 years without the prior approval of the lease by legislative enactment of the county where the lease property is located. (ii) The initial term of a lease may not exceed 40 years. (iii) A lease may be renewed for additional terms not exceeding 10 years each. (3) A lease agreement shall contain provisions for reversion without cost to the Commission of the property and its improvements regardless of whether the improvements were added to the property by the lessee during the term of the lease or any extension of the lease. (b) (1) The Commission may grant privileges, permits, and concessions, and may enter into contracts relating to them, with any responsible person to engage in any business or enterprise on land in the metropolitan district acquired for park purposes under this division. (2) Any privilege, permit, or concession granted under this subsection shall be on terms and conditions the Commission considers advantageous to the development of the park system as a part of the plan for the physical development of the metropolitan district and the plan of the regional district within the metropolitan district. (c) (1) The purpose for which property is leased, or for which a privilege, permit, or concession is granted, may not be inconsistent with the use of the property for park purposes. (2) Any lease or contract executed under this section shall contain a condition stating specifically the purposes for which the property is leased or for which the privilege, permit, or concession is granted. (3) An agreement the Commission enters into in accordance with this division shall contain provisions prohibiting the assignment of the agreement without the consent of the Commission. (d) In Montgomery County, a lease, contract, or agreement entered into under this section may not: (1) authorize a person other than the Commission to close a park or park facility; or (2) grant a person other than the Commission the authority to close or require the closing of an existing park or park facility under the jurisdiction of the Commission to prevent competition. (e) This division does not limit the Commission’s authority to require an agreement to contain more restrictive provisions the Commission considers to be in the public interest.

Md. Code, Land Use § 17-205

The Commission may transfer any land that it holds under this title and determines not to be needed for park purposes or other purposes authorized under this title.

Md. Code, Land Use § 17-206

(a) The Commission: (1) may sell or otherwise dispose of any playground or recreational facility no longer needed for public use; and (2) shall use the proceeds of the sale or disposition for the construction, acquisition, or improvement of any other playground or recreational facility in the metropolitan district. (b) (1) Except for parkland acquired under an agreement with the National Capital Planning Commission, the Commission may exchange playground or recreational land held or acquired by the Commission in its own name or in the name of the State for any other land held or acquired by the United States, the State, or any other public body or agency, which the Commission determines to be more suitable for playground and recreational purposes. (2) An exchange under this subsection: (i) may be accompanied by a partial cash payment moving either to or from the Commission; and (ii) shall be considered an acquisition of land for the public uses provided in this title.

Md. Code, Land Use § 17-207

(a) The Commission may adopt regulations for the use of any property under its jurisdiction. (b) (1) Subject to paragraph (2) of this subsection, on or before June 30, 2016, the Commission shall adopt regulations to prohibit on property under its jurisdiction the smoking of: (i) a cigarette; (ii) a cigar; or (iii) any other tobacco product. (2) The regulations adopted in accordance with this subsection: (i) may exclude from the prohibition any designated venue or facility reasonably determined by the Commission to be appropriate for the purpose of generating admission fees, rental fees, or similar charges for use of Commission property; and (ii) shall provide that the following penalties be imposed: 1. for a first infraction, a warning; and 2. for a second or subsequent infraction, a $25 fine. (c) (1) The Commission shall: (i) post the regulations outside each park headquarters building, community center, recreation center, or similar building in a developed park area; and (ii) after posting the regulations, publish them at least three times within 60 days in one or more newspapers of general circulation published in the metropolitan district. (2) The posting and publication of the regulations shall be sufficient notice to all persons. (3) The sworn certificate of a commissioner as to the posting and publication of the regulations is prima facie evidence of posting and publication.

Md. Code, Land Use § 17-208

(a) (1) A violation of a regulation under § 17–207 of this subtitle is a Commission infraction unless the violation is declared by law to be a crime. (2) (i) A Commission infraction is a civil offense. (ii) The adjudication of a Commission infraction: 1. is not a criminal conviction; and 2. does not impose any of the civil disabilities ordinarily imposed by a criminal conviction. (b) (1) A Commission park police officer may deliver a citation to any person charged with a Commission infraction. (2) The Commission shall: (i) retain a copy of the citation; and (ii) include on the citation a certification attesting to the truth of the matter specified in the citation. (3) The citation shall also contain: (i) the name and address of the person charged; (ii) the nature of the infraction; (iii) the location and time that the infraction occurred; (iv) the amount of the fine assessed for the infraction; (v) the manner, location, and time in which the fine may be paid to the Commission; and (vi) notice of the person’s right to a trial for the infraction. (c) (1) The Commission may: (i) establish a schedule of fines for each conviction of a Commission infraction; (ii) impose a fine not to exceed $50 for each conviction of a Commission infraction; and (iii) impose a fine not to exceed $100 for each repeat violation. (2) The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 days after the receipt of the citation. (d) (1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the infraction to the person’s last known address. (2) A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine. (3) (i) If the fine is not paid within 35 days after the date of notice, the Commission may request adjudication of the case through the District Court. (ii) The District Court promptly shall schedule the case for trial and summon the defendant to appear. (e) (1) A person who receives a citation for a Commission infraction may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial. (2) The notice shall be given at least 5 days before the payment due date specified in the citation. (3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation. (4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and the Commission of the trial date. (5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the District Court collects for Commission infractions. (f) A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed: (1) $50 for a first violation; or (2) $100 for a repeat violation. (g) In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as provided for municipal infractions under §§ 6–102 through 6–115 of the Local Government Article.

Md. Code, Land Use § 17-209

(a) (1) In this section the following words have the meanings indicated. (2) “Animal” means any bird or mammal or any part, egg, offspring, or dead body part of any bird or mammal. (3) “Hunt” means to pursue, capture, kill, gig, trap, shoot, or attempt to pursue, capture, kill, gig, trap, or shoot, or in any manner reduce any animal to personal possession. (b) A person may not hunt an animal on property owned by, operated by, or leased by the Commission without prior written authorization from the Commission. (c) For the purpose of this section, each animal taken illegally by hunting, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate violation. (d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $1,500, with costs imposed at the discretion of the court; and (ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $4,000 or both, with costs imposed at the discretion of the court. (2) For the purpose of this subsection, a subsequent violation is a violation that: (i) occurs within 2 years after any prior violation of this section; and (ii) arises out of a separate set of circumstances. (3) In addition to the penalties in paragraph (1)(ii) of this subsection, the court may order the license under which the person operated in committing the violation to be suspended for 12 months from the date of the subsequent conviction. (e) (1) The Commission may adopt regulations necessary to administer and enforce this section. (2) Violation of any regulation adopted by the Commission under this subsection is a misdemeanor and is punishable as provided in subsection (d) of this section. (f) (1) The Chief Judge of the District Court may establish, by administrative regulation under § 1–605 of the Courts Article, a schedule of prepayable fines for a first offense misdemeanor violation of this section and regulations adopted under this section. (2) The amount of a prepayable fine may be not more than the maximum and not less than the minimum criminal penalty established in this section. (3) By paying a fine set under this section instead of appearing for trial in District Court, a person is voluntarily accepting a conviction for the violation charged. (g) If the District Court or circuit court imposes a fine for a violation of this section, the court shall collect the fine and remit it to the Commission.

Md. Code, Land Use § 17-210

(a) If a park police officer apprehends a person for violating any law punishable as a misdemeanor under § 17–209 of this subtitle, the officer may prepare and sign a written citation. (b) A citation issued under subsection (a) of this section shall include: (1) a notice to appear in court; (2) the name and address of the person charged; (3) appropriate license numbers, if any; (4) the violation charged; (5) the time and place the person shall appear in court; and (6) other pertinent information the Commission requires. (c) (1) A person charged under subsection (a) of this section may give a written promise to appear in court by signing the citation prepared by the officer. (2) An officer shall arrest a person charged under subsection (a) of this section if:� (i) the person does not furnish satisfactory identification; (ii) the officer has reasonable grounds to believe the person will disregard a written promise to appear; or (iii) the person refuses to sign a written promise to appear. (d) A person shall comply with the written promise to appear in court unless the person: (1) posts sufficient collateral for the violation; (2) pays the fine in advance of trial; or (3) is represented by counsel in court. (e) (1) If a person fails to comply with the notice to appear in a citation issued under this section, the court may: (i) except as provided in paragraph (4) of this subsection, issue a warrant for the person’s arrest; or (ii) after 5 days, notify the court clerk of the person’s noncompliance. (2) On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that the court may issue a warrant for the person’s arrest unless, within 15 days after the notice is mailed, the person: (i) pays the fine on the charge as provided for in the original citation and an additional fine of $100 for failing to appear; or (ii) posts bond or a penalty deposit and requests a new trial date. (3) If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant for the person’s arrest. (4) If the original violation is not punishable by imprisonment, the court may not issue a warrant for the person’s arrest under this subsection for at least 20 days after the original trial date.

Md. Code, Land Use § 17-211

The Commission may assign living quarters in a house or building in its jurisdiction to a person: (1) connected with the Commission; and (2) having the duties of caretaker or supervisory attention over the house or building.

Md. Code, Land Use § 17-212

(a) The Commission may: (1) except as provided in subsection (c) of this section, name and rename any street or highway and number and renumber the houses in the regional district if each new number or change of number is reported to the owner or occupant of the building for the purpose of: (i) correcting mistakes; (ii) removing confusion because of a duplication of street names; and (iii) securing a uniformity of street names and numbering of houses; (2) place or have placed new numbers on the buildings or premises and proper signs indicating the names of streets and highways; and (3) appropriate and expend as much of any surplus from fees for building permits issued in each county as is necessary to pay for the expenses in carrying out this section. (b) (1) The Commission may adopt reasonable regulations for carrying out any changes in street or highway names or the numbering of houses. (2) A violation of a regulation adopted under this subsection is a misdemeanor punishable under the general penalty provisions of this division. (c) (1) The Commission may not rename any street or renumber any house located in a municipal corporation in Prince George’s County unless the proposed change is approved by the legislative body of the municipal corporation. (2) (i) Any party aggrieved by the refusal of a municipal corporation to approve a proposed change may appeal to the Prince George’s County Council. (ii) After public hearing and on a finding of need for public health, safety, and welfare, the County Council by resolution may authorize the change notwithstanding the objections of the municipal corporation. (iii) The resolution shall require the affirmative vote of two–thirds of all the members of the County Council.

Md. Code, Land Use § 17-213

(a) (1) If in the Commission’s judgment it is necessary to provide for flood control in the metropolitan district, the Commission may condemn land and easements necessary in the construction of levees and other flood control works. (2) The condemnation proceedings shall be in accordance with the general powers provided in this division. (3) The Commission may assume all damages incident to any flood control works or improvements that it finds necessary to construct, except damages to land and easements of railroads or other public utilities. (4) The Commission may agree to: (i) furnish, without cost to the United States, all land and easements that may be necessary in the construction of any flood control works or improvements; and (ii) take over, operate, and maintain the works when constructed. (b) The Commission may use for park purposes the land acquired for flood control and navigation projects as provided in Title 25, Subtitle 7 of this article.

Md. Code, Land Use § 17-214

(a) (1) In this section the following words have the meanings indicated. (2) “High performance building” means a building that: (i) meets or exceeds the current version of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or (ii) achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services. (3) “Major renovation” means the renovation of a building where: (i) the building shell is to be reused for the new construction; (ii) the heating, ventilating, and air–conditioning (HVAC), electrical, and plumbing systems are to be replaced; and (iii) the scope of the renovation is 7,500 square feet or greater. (b) It is the intent of the General Assembly that, to the extent practicable: (1) the Commission shall employ green building technologies when constructing or renovating a Commission–owned building not subject to this section; and (2) high performance buildings shall meet the criteria and standards established under the “High Efficiency Green Building Program” adopted by the Maryland Green Building Council. (c) Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building. (d) The following types of buildings are not required to be constructed or renovated to be high performance buildings: (1) warehouse and storage facilities; (2) garages; (3) maintenance facilities; (4) transmitter buildings; (5) cabins, pavilions, and other structures intended for open air or rustic uses; (6) buildings of historic significance; and (7) other similar types of buildings, as determined by the Commission. (e) (1) The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section. (2) On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable. (3) The Commission shall disclose any waiver issued under this subsection in the capital improvements program required under § 18–113 of this article.

Md. Code, Land Use § 17-301

The Commission may appoint park police officers as necessary to provide protection for the activities and property of the Commission.

Md. Code, Land Use § 17-302

(a) The park police: (1) possess all the powers and authority vested by existing law in the Montgomery County and Prince George’s County police; (2) are responsible to and under the supervision of the Commission; and (3) shall exercise supervisory jurisdiction over the park system. (b) The park police shall: (1) prevent crime; (2) apprehend criminals; (3) enforce the criminal and motor vehicle laws of the State; (4) enforce park regulations; and (5) perform other related duties that the Commission imposes.

Md. Code, Land Use § 17-303

(a) The park police have concurrent general police jurisdiction with the Montgomery County and Prince George’s County police: (1) within the parks and other areas under the jurisdiction of the Commission; (2) within buildings under the jurisdiction of the Commission; and (3) on the portion of all roads and sidewalks immediately adjacent to property under the jurisdiction of the Commission. (b) (1) The park police have jurisdiction off park property that may be provided by any reciprocal agreement entered into under § 2–105 of the Criminal Procedure Article. (2) A reciprocal agreement shall specify the circumstances under which a park police officer may make arrests off of park property. (3) Notwithstanding § 2–105 of the Criminal Procedure Article, a reciprocal agreement may allow arrests in emergency or nonemergency situations.

Md. Code, Land Use § 17-304

The Montgomery County and Prince George’s County police have the same general police jurisdiction and responsibility for the apprehension of criminals and detection of crime within the parks and other areas and buildings under the jurisdiction of the Commission as they have elsewhere in their respective counties.

Md. Code, Land Use § 17-305

(a) (1) In Prince George’s County, the county planning board may appoint a deputy chief of the county division of the park police. (2) The deputy chief has the same jurisdiction, powers, and authority as park police officers appointed by the Commission. (b) The deputy chief shall serve at the pleasure of the county planning board. (c) The county planning board shall set the compensation of the deputy chief.

Md. Code, Land Use § 17-401

The Commission may not acquire new land or use land already held by the Commission for the purpose of constructing an administration building without the prior approval of the County Executive and County Council of Montgomery County and the County Executive and County Council of Prince George’s County.

Md. Code, Land Use § 17-402

(a) The Commission has acquired title to the entire parcel of property known as Glenn Dale Hospital for use in accordance with this section. (b) (1) The Commission: (i) shall maintain the approximately 150 acres that have not been developed as part of the existing hospital campus in the Commission’s park system; and (ii) may sell, lease, or otherwise transfer the approximately 60 acres that have been developed as a hospital campus to a person who will adaptively reuse, at a minimum, the main hospital campus buildings on the property by returning the property to a state of utility, through repair and alteration, that: 1. gives the property an efficient and contemporary use; and 2. preserves portions and features of the property that are historically, architecturally, and culturally significant. (2) If the Commission is unable to find a qualified person to carry out the intent of paragraph (1)(ii) of this subsection, the Commission shall retain possession of the approximately 60 acres until the General Assembly approves an alternate use.

Md. Code, Land Use § 17-403

(a) (1) The Commission has received property as a gift under the last will of Violet Blair Janin to establish a public park in memory of Jesup Blair. (2) The property received under paragraph (1) of this subsection is the portion of the farm, “The Moorings”, from the trees fronting on Georgia Avenue and Blair Road, including all improvements. (3) In accordance with the conditions set forth in the will, the Commission shall: (i) make ample provision for the maintenance of the property as a public park; (ii) unless it is absolutely necessary to remove trees in connection with the laying out of the public park, preserve all of the trees on the property; and (iii) replace any trees on the property that are destroyed or die. (b) The Commission may possess, manage, control, and maintain the property as a public park and memorial to Jesup Blair by: (1) preserving trees on the property; (2) maintaining good order in the public park; (3) building and maintaining roads, buildings, and conveniences as necessary or advisable; (4) replacing trees that die or are destroyed; and (5) taking other actions necessary to maintain the public park in good condition and carry out the purposes of the gift. (c) The Commission shall make yearly expenditures from the general revenues of the Commission received under this division to pay the cost of the maintenance, development, and use of the public park as necessary to accomplish the purposes of this division.

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