Md. Code, Land Use, Title 23

in effect

Md. Code, Land Use § 23-101

This title does not apply to a good–faith division or partition of exclusively agricultural land that is not made for development purposes.

(a) (1) Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George’s County, or received or recorded by the clerks of the courts of the respective county, unless: (i) the plat has been submitted to and approved by the applicable county planning board; and (ii) the chair of the county planning board and the secretary–treasurer of the Commission endorse an approval in writing on the plat. (2) The recordation of a subdivision plat without the approval of the county planning board is void. (b) (1) In Prince George’s County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director. (2) The planning director’s endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat. (c) A subdivision in a municipal corporation with subdivision authority under Division II of the Local Government Article that is in the regional district may be recorded in the land records of Montgomery County or Prince George’s County if: (1) the subdivision plat has been submitted to and approved by the municipal corporation; and (2) the appropriate official of the municipal corporation endorses an approval in writing on the plat. (d) (1) The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board’s subdivision functions. (2) The fees shall be: (i) based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and (ii) paid into the Commission’s administrative fund established under § 18–307 of this article before a subdivision plat is approved or disapproved. (e) (1) After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well–bound book kept by the clerk of the court for recording plats. (2) The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat. (f) (1) A subdivision plat shall be prepared in a manner required by the Commission by regulation. (2) An approved subdivision shall have permanent markers, bound stones, or stations: (i) as required by the Commission; and (ii) that are shown on the subdivision plat. (3) A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.

Md. Code, Land Use § 23-103

(a) Except as provided in subsection (b) of this section, in connection with the approval of a subdivision plat, the appropriate county planning board may require a dedication of land for: (1) an interior subdivision road; (2) a road that abuts the subdivision for the purpose of creating a new road as part of the plan of subdivision to provide for traffic access to another subdivision road; and (3) the widening of an existing or public road that abuts the subdivision for the purpose of providing additional right–of–way adequate to serve additional traffic that will be generated by the subdivision. (b) The county planning board may not require a dedication of land under subsection (a) of this section that: (1) exceeds the area required to produce a total right–of–way for: (i) a secondary road, as defined by local law; or (ii) a primary road if the applicable master plan designates the road as a primary or arterial road; (2) has a width that exceeds the area that is required for a primary road; and (3) has a width that exceeds the area that is required for a secondary road, unless the applicable master plan designates the road as a primary or arterial road. (c) (1) Notwithstanding subsections (a) and (b) of this section, in Montgomery County, in connection with the approval of a subdivision plat, the Commission may require a dedication of land in accordance with the standards and limitations set forth in the subdivision regulations. (2) The standards established by the subdivision regulations shall relate the area of dedication to: (i) the total size of the subdivision; (ii) the maximum road right–of–way or improvement required for that category of land use as established by local law of the applicable jurisdiction; and (iii) the increased traffic, lane, and right–of–way requirements that would be created by the maximum utilization and development of the subject property: 1. in the property’s present zone classification; or 2. in the property’s higher use zone classification, as shown on an adopted and approved master plan of the applicable jurisdiction. (3) (i) In accordance with the standards established by the subdivision regulations and except as provided in subparagraph (ii) of this paragraph, the subdivision regulations may require dedication of a road to public use to the full extent of the required right–of–way. (ii) If a road is classified in the subdivision regulations as a limited access or controlled highway, a dedication of a road to public use may be required only for adequate traffic access to those subdivisions to which access is allowed. (d) In Prince George’s County, a master plan of transportation shall be approved by the district council.

Md. Code, Land Use § 23-104

(a) (1) In exercising the subdivision powers under §§ 23–102 and 23–103 of this subtitle, the Commission or the governing body of Montgomery County or Prince George’s County may adopt subdivision regulations and amendments governing a subdivision in: (i) the regional district; or (ii) the respective portion of the regional district in the county. (2) Except as provided in paragraph (3) of this subsection, the regulations and amendments adopted under this section: (i) shall be adopted by the respective governing body of the county; (ii) may be amended by the respective governing body of the county; and (iii) shall be effective from: 1. the date of adoption; or 2. the date designated by the respective governing body of the county. (3) If the governing body of the county designates an effective date for the subdivision regulations, the effective date may not affect: (i) the county planning board’s administration of the regulations; or (ii) the county planning board’s functions under §§ 23–102 and 23–103 of this subtitle. (b) (1) In Montgomery County: (i) within 3 days after adopting a subdivision regulation or amendment, the district council shall submit the regulation or amendment to the County Executive; and (ii) within 10 days after the subdivision regulation or amendment is submitted, the County Executive shall approve or disapprove the regulation or amendment. (2) If the County Executive disapproves the subdivision regulation or amendment, the County Executive shall return the regulation or amendment to the district council with the reasons for the disapproval stated in writing. (3) By the affirmative vote of eight of its members, the district council may enact the subdivision regulation or amendment over the disapproval of the County Executive. (4) A subdivision regulation or amendment that has not been disapproved by the County Executive in accordance with this subsection is considered to be approved. (c) (1) Subject to paragraph (2) of this subsection and subsection (d) of this section, the subdivision regulations may include provisions for: (i) the harmonious development of the regional district; (ii) the coordination of roads within the subdivision with: 1. existing planned or platted roads; 2. features of the regional district; 3. that county’s general plan; or 4. a transportation plan adopted by the Commission as part of that county’s general plan; (iii) 1. adequate open spaces for transportation, recreation, light, and air, by dedication or otherwise; 2. the dedication to public use or conveyance of areas designated for dedication under the zoning and subdivision regulations; and 3. in lieu of dedication, the payment of a monetary fee that meets the requirements of subsection (d) of this section; (iv) the reservation of land for: 1. public buildings, including schools; 2. parks and playgrounds; 3. roads; 4. mass transit facilities, including busways or light rail facilities; and 5. any other public purpose; (v) the conservation or production of adequate transportation, water drainage, and sanitary facilities; (vi) the preservation of the location of, the volume and flow of water in, and other characteristics of natural streams and other waterways, including the establishment of a stormwater management program in Montgomery County for the purpose of: 1. allowing the county to accept monetary contributions; 2. granting an easement; or 3. dedicating land; (vii) the proper management of growth and development; (viii) the avoidance of a scattered or premature subdivision that otherwise may: 1. result in danger or injury to health, safety, or welfare due to the lack of water supply, drainage, transportation, or other public services; or 2. necessitate an excessive expenditure of public funds for the supply of services; (ix) the conformity of resubdivided lots to the character of lots within the existing subdivision with respect to area, frontage, and alignment to existing lots and roads; (x) except for agricultural or recreational purposes, the control of subdivision or building in floodplain areas and in streams and drainage courses, and on unsafe land areas; (xi) the preservation of outstanding natural or cultural features and historic sites or structures; (xii) any benefit to the health, comfort, safety, or welfare of the present and future population of the regional district; (xiii) the extent and manner to which the following actions shall be taken before the approval of a plat: 1. the grading and improvement of roads; 2. the building of curbs, gutters, and sidewalks; 3. the installation of water, sewer, and other utility mains, piping, connections, and facilities; and 4. the planting or conservation of trees; or (xiv) in Montgomery County: 1. adequate recreational facilities; or 2. in lieu of providing recreational facilities, the payment of a fee that does not exceed the cost of providing adequate recreational facilities to serve the subdivision. (2) (i) Unless each person that owns a legal or equitable interest in the property has provided written approval, the subdivision regulations may not provide for a reservation of land for traffic, recreation, or any other public purpose for a period longer than 3 years. (ii) A property that is reserved for public use under the subdivision regulations shall be exempt from all State, county, and local taxes during the period of reservation. (d) (1) Subject to paragraph (2) of this subsection, a monetary fee that is paid in lieu of a dedication of land for the use and benefit of the subdivision in cases where dedication would be impractical under subsection (c)(1)(iii) of this section shall: (i) be based on the current market value of the land after the land is approved for development; and (ii) 1. be used by the Commission to purchase open spaces; or 2. be used by the Commission to develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational needs of the subdivision if: A. the Commission determines that suitable land is not available for acquisition to serve the subdivision from which a fee has been exacted; or B. adequate open space has previously been acquired and is available to serve the subdivision. (2) If the subdivision is in a municipal corporation in Prince George’s County that is not in the metropolitan district but is in the regional district, on request by the municipal corporation, the mandatory fee in lieu of dedication received by the Commission shall be paid to and used by the municipal corporation to: (i) purchase open space for the use and benefit of the subdivision; or (ii) develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational and open space needs of the subdivision.

Md. Code, Land Use § 23-105

(a) Before the Commission or the governing body of Montgomery County or Prince George’s County may adopt a subdivision regulation or an amendment to a subdivision regulation or amendment, the respective county council shall hold a public hearing on the regulation or amendment. (b) The county council shall publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the regional district in the respective county at least 30 days before the hearing.

Md. Code, Land Use § 23-106

(a) In addition to any other authority granted by this division, the County Council of Montgomery County and the County Council of Prince George’s County, by local law, may impose in their respective counties standards and requirements for the purpose of avoiding scattered or premature subdivision or development of land because of the inadequacy of transportation, water, sewerage, drainage, school, or other public facilities. (b) (1) This subsection does not apply to any property located in an infrastructure finance district approved before January 1, 2000. (2) Notwithstanding subsection (a) of this section, the County Council of Prince George’s County shall impose adequate public facilities standards and requirements under subsection (a) of this section with respect to schools.

Md. Code, Land Use § 23-107

(a) The applicable county planning board shall require a plat of any land reserved for public use under this subtitle that shows: (1) the survey location of the land; (2) the names and addresses of the landowners; and (3) any other information required for: (i) filing the plat among the land records of the county in which the land is located; and (ii) the proper indexing of the plat. (b) The plat shall: (1) comply with all requirements for recording of plats among the land records; and (2) be recorded by the clerk of the court of the county in which the land is located.

Md. Code, Land Use § 23-108

The subdivision regulations in force before April 28, 1959, within the respective portions of the regional district in Montgomery County and Prince George’s County are considered to have been adopted in the manner required under this subtitle.

Md. Code, Land Use § 23-201

(a) (1) The appropriate county planning board shall approve or disapprove a subdivision plat within 30 days after the plat is submitted to the county planning board. (2) If the county planning board does not take action in accordance with paragraph (1) of this subsection: (i) the plat shall be considered approved; and (ii) the county planning board shall issue a certificate of approval on demand. (3) An applicant may consent to an extension. (b) A plat submitted to the county planning board shall contain the name and address of a person that may be sent notice of a hearing. (c) (1) The county planning board shall hold a hearing before taking action on a subdivision plat, unless: (i) the county planning board approves the plat exactly as the plat was submitted by the applicant to the county planning board; or (ii) the applicant waives the hearing requirement in the application. (2) At least 5 days before a hearing, the county planning board shall send notice of the hearing to the address included with the plat in accordance with subsection (b) of this section. (3) Subdivision regulations may include provisions for: (i) notice to owners of properties that would be substantially affected by approval of a subdivision plat; (ii) public hearings on the applications; and (iii) an appeal to the district council from a decision approving or disapproving a subdivision plat. (d) The grounds for disapproval of a plat shall be stated on the records of the county planning board.

Md. Code, Land Use § 23-202

(a) This section applies only in Montgomery County. (b) (1) The subdivision regulations shall provide that before the county planning board takes action on a preliminary subdivision plan, the plan shall be referred to the County Executive for a recommendation as to whether public facilities are adequate to support and service the area of the proposed subdivision. (2) The County Executive shall return the preliminary subdivision plan to the county planning board with a recommendation of approval or disapproval based on: (i) criteria developed by the County Executive and approved by the district council; and (ii) standards set forth in the county subdivision regulations. (c) (1) This subsection applies to property that: (i) is located in a municipal corporation or governed special taxing district; or (ii) shares a common boundary line, or a part of a common boundary line, with property located entirely in a municipal corporation or governed district. (2) This subsection does not apply to a municipal corporation that exercises zoning, planning, and subdivision authority under Division I of this article. (3) The subdivision regulations and zoning law shall provide that, before any action is taken by the county planning board on an application for a preliminary subdivision plan, project plan, or site plan review for property described in paragraph (1) of this subsection, a copy of the application shall be referred promptly to the municipal corporation or governed district for review and comment. (4) If the municipal corporation or governed district chooses to comment, the municipal corporation or governed district promptly shall forward its written comments to the county planning board. (d) (1) On referral of a preliminary plan proposing the resubdivision of residentially zoned property located in a municipal corporation or governed special taxing district, the municipal corporation or governed district shall make an initial determination whether to transmit a recommendation concerning the plan to the county planning board. (2) If the municipal corporation or governed district chooses to transmit a recommendation, the municipal corporation or governed district shall: (i) hold a hearing before it transmits the recommendation to the county planning board; and (ii) provide reasonable public notice of the hearing. (3) A recommendation transmitted under this subsection shall: (i) be in writing; and (ii) based on the record of the hearing, include all pertinent findings of fact and conclusions of law supporting the recommendation. (4) A municipal corporation or governed district may recommend denial of a plan under this subsection only if the municipal corporation or governed district determines that the plan does not comply with a particular provision of the subdivision regulations. (5) If a municipal corporation or governed district recommends denial of a plan, it shall transmit a written record of the hearing to the county planning board for inclusion in the record compiled by the county planning board. (6) A municipal corporation or governed district shall be considered to have waived its right to make a recommendation under this subsection unless it transmits its written recommendation and complete record, if required, to the county planning board within 45 days after the delivery of the plan and application by the county planning board. (7) A two–thirds majority vote of the members of the county planning board then present and participating is required to override a recommendation of a municipal corporation or governed district to deny a residential resubdivision application.

Md. Code, Land Use § 23-203

The county planning board may provide in the subdivision regulations for: (1) a preapplication procedure; (2) subdivision approval; and (3) tentative or conditional approval or disapproval of preliminary plans.

Md. Code, Land Use § 23-204

(a) This section applies only in Montgomery County. (b) The subdivision regulations may: (1) establish a time period within which the county planning board shall approve or disapprove a preapplication or preliminary plan submission; and (2) provide that an applicant may: (i) waive the time period within which the county planning board shall take action in accordance with item (1) of this subsection; and (ii) consent to an extension of the time period. (c) (1) A preapplication or preliminary plan submission that has not been approved or disapproved in accordance with this section is considered approved. (2) If a preapplication or preliminary plan submission is considered to have been approved under this subsection, on demand, the county planning board shall issue a certificate of approval. (d) If the county planning board disapproves a preapplication or preliminary plan submission, the county planning board shall: (1) state the grounds for disapproval in the records of the county planning board; and (2) mail, postage prepaid, a copy of the record stating the grounds for disapproval to all parties of record at their last address.

Md. Code, Land Use § 23-205

(a) This section applies only in Prince George’s County. (b) (1) The county planning board shall approve or disapprove a preliminary subdivision plan within 70 days after the complete plan application is submitted to the county planning board. (2) If the county planning board does not take action in accordance with paragraph (1) of this subsection: (i) the plan shall be considered approved; and (ii) the county planning board shall issue a certificate of approval on demand. (3) The 70–day time period under paragraph (1) of this subsection does not include: (i) the month of August; or (ii) December 20 through January 3. (c) (1) Each office to which the county planning board refers a preliminary subdivision plan shall return to the county planning board one copy of the plan and any comments noted on it within 30 days after the referral. (2) If an office does not reply in accordance with paragraph (1) of this subsection, the plan shall be considered to be approved by the office. (d) An applicant may consent to an extension not greater than 70 days.

Md. Code, Land Use § 23-206

In Prince George’s County, the subdivision regulations may provide for: (1) the classification of a subdivision as a major or minor subdivision; and (2) a sketch plan that: (i) in the case of a minor subdivision, may be approved by the planning director and filed as the record plat; and (ii) in the case of a major subdivision, may be required before the submission of a preliminary plan of subdivision.

Md. Code, Land Use § 23-207

(a) Subject to subsection (b) of this section, the subdivision regulations may provide for tentative approval of a plat before improvements and installations. (b) Tentative approval of a plat may not: (1) be entered on the plat; or (2) entitle the plat to be filed or recorded. (c) (1) Instead of requiring the completion of improvements or installation of utilities before the approval of a plat, the county planning board or county may accept security to secure the construction of improvements and installation of utilities at a time and according to specifications set by or in accordance with the subdivision regulations. (2) The county planning board or county may enforce the security by any appropriate legal or equitable remedy. (d) (1) This subsection applies only in Montgomery County. (2) The county planning board, or a designee of the county planning board, may tentatively approve a subdivision plat subject to the completion of specified conditions. (3) A tentative approval of a subdivision plat under this subsection may not: (i) be entered on the subdivision plat; or (ii) allow the subdivision plat to be filed or recorded. (4) The county planning board, through its chair or a designee, may not endorse a subdivision plat that is subject to specified conditions before all the conditions are completed. (5) If all the conditions specified in the tentative approval are completed, a postcompletion hearing before the county planning board is not required before the subdivision plat is approved and submitted to the land records of Montgomery County.

Md. Code, Land Use § 23-301

(a) (1) An owner or agent of an owner of land located in a subdivision may not transfer or sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been: (i) approved by the county planning board; and (ii) recorded in the office of the clerk of the circuit court of the county in which the property is located. (2) A person who violates this subsection is subject to a penalty of $100 for each lot or parcel transferred or sold in violation to be paid to the district council. (b) The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of transferring or selling does not exempt the transaction from the penalties or remedies provided in this section. (c) The district council may: (1) enjoin the transfer, sale, or agreement in any circuit court; or (2) recover the penalty by civil action in any court of competent jurisdiction.

Md. Code, Land Use § 23-302

(a) (1) The clerk of the circuit court of Montgomery County or Prince George’s County may not record a subdivision plat in the regional district unless the plat has been endorsed in writing by the county planning board. (2) A plat is invalid if it is recorded without being endorsed by the county planning board. (b) The Commission may institute proceedings against the clerk of the circuit court of Montgomery County or Prince George’s County to compel the clerk to strike from the county land records a subdivision plat that is recorded but not approved in accordance with subsection (a) of this section. (c) A court of competent jurisdiction may issue appropriate orders for purposes of this section.

Md. Code, Land Use § 23-401

(a) (1) Within 30 days after the county planning board takes final action on an application for subdivision approval, judicial review may be requested by: (i) a person aggrieved by the action; (ii) in Montgomery County, a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing; or (iii) in Prince George’s County, a municipal corporation that appeared at the hearing in person, by attorney, or in writing. (2) A petition for judicial review filed under this section may be made to the circuit court for the appropriate county. (3) The court may: (i) affirm or reverse the action; or (ii) remand the action to the county planning board for further consideration. (b) (1) If a petition for judicial review is filed under this section, a copy of the petition shall be served on the county planning board in accordance with Maryland Rule 7–202(d). (2) On receiving a copy of the petition, the county planning board shall: (i) promptly give notice of the petition to all parties to the proceeding before it; and (ii) within 30 days after the filing of the petition, file with the circuit court: 1. the originals or certified copies of all papers and evidence presented to the county planning board in the proceeding before it; and 2. a copy of its opinion and resolution deciding the application. (3) Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Appellate Court of Maryland. (4) The review proceedings provided by this section are exclusive.

Md. Code, Land Use § 23-501

(a) The county planning board or the governing body of the appropriate county may institute injunction, mandamus, or other appropriate action or proceedings to compel the construction and installation of improvements or conservation of resources at a time and according to specifications set by or in accordance with this division. (b) Any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

Md. Code, Land Use § 23-504

This part applies only in Montgomery County.

Md. Code, Land Use § 23-505

(a) In addition to all other remedies provided by law, the district council may authorize the county planning board to impose civil monetary fines or penalties and, if the public health, safety, or welfare is threatened, issue stop work orders for a violation of: (1) this division; (2) county subdivision regulations and zoning laws; (3) any law or regulation that the Commission or the county planning board is exclusively authorized to administer; or (4) any decision made by the Commission or the county planning board under its respective authority. (b) (1) A fine not to exceed $500 may be imposed for each violation under this part. (2) The district council may establish a schedule of fines for each violation and may adopt procedures, consistent with this part, for imposing and collecting the fines. (3) Each day a violation occurs is a separate violation under this part.

Md. Code, Land Use § 23-506

(a) (1) The district council may provide that the county planning board may enforce the imposition of fines and penalties in a manner consistent with the process requiring notification and hearing under Title 11, Subtitle 2 of this article. (2) The imposition of fines and penalties under this part is not subject to an appeal to the Board of Appeals. (b) The district council may provide for the county planning board, through counsel, to prosecute violations for which civil monetary fines or penalties are imposed. (c) A violation of a local law implementing the State Forest Conservation Law shall be enforced in accordance with Title 5, Subtitle 16 of the Natural Resources Article and not in accordance with this part.

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