Md. Code, Land Use, Title 25

Md. Code, Land Use, Title 25
in effect

Md. Code, Land Use § 25-201

Notwithstanding any other State law, in its rules and procedures the district council may allow a duly elected officer of a bona fide civic association or homeowners association to represent the association before the county planning board, district council, zoning hearing examiner, or board of appeals regardless of whether that individual is an attorney.

Md. Code, Land Use § 25-202

(a) The People’s Zoning Counsel or any party of record may request the continuance of a hearing in accordance with this section. (b) The zoning hearing examiner shall grant a continuance if a required technical staff report has not been filed at least 30 days before the scheduled hearing. (c) If a continuance is granted under this section, the zoning hearing examiner may not hear the case for at least 30 days after the technical staff report is filed.

Md. Code, Land Use § 25-203

(a) All witnesses appearing in a hearing before the district council are subject to cross–examination. (b) (1) The district council may establish rules for the administering of oaths to and the cross–examination of witnesses appearing to testify at district council hearings. (2) Before establishing rules under this subsection, the district council shall conduct a public hearing on the proposed rules.

Md. Code, Land Use § 25-204

A contested application for a map amendment or special exception may not be granted or denied without written findings of material facts and conclusions.

Md. Code, Land Use § 25-205

The record of every district council hearing on a map amendment or special exception shall include: (1) the vote of each member; (2) whether the member abstained from voting; or (3) whether the member was absent.

Md. Code, Land Use § 25-206

If the People’s Zoning Counsel has a reasonable belief that a final action on an application for a subdivision, special exception, variance, or site plan is arbitrary and capricious, the People’s Zoning Counsel may petition for judicial review of the final action on behalf of a bona fide citizens association that is entitled to judicial review under this division.

Md. Code, Land Use § 25-207

(a) In this section, “date of disapproval” means: (1) the date of the decision of the district council; or (2) in case of judicial review, the date of the final judgment of the circuit court. (b) If the district council wholly or partly disapproves an application for a map amendment, it may not act on a subsequent application for any portion of the same land: (1) within 18 months after the date of the first disapproval; and (2) within 24 months after the date of any subsequent disapproval. (c) In any subsequent application for any portion of the same land and for the same zoning classification or the same purpose for special exception, by the same applicant, the district council may not base its findings solely on any fact or circumstance that was presented at the hearing on the prior application.

Md. Code, Land Use § 25-208

The district council may not approve a special exception to construct or operate a rubble landfill: (1) at a site without a three–fourths majority vote of the district council; or (2) if an application for a special exception to construct or operate a rubble landfill at the site was previously denied on or after October 1, 1981.

Md. Code, Land Use § 25-209

(a) The Commission shall prepare a report in accordance with this section before a zoning hearing examiner or the district council may conduct a hearing on a request for a special exception to mine sand or gravel. (b) The report shall comprehensively evaluate the request by analyzing the impact of the proposed mining activities on the surrounding area, considering only: (1) noise; (2) watershed and water quality; (3) airshed and air quality; (4) traffic and traffic safety; and (5) other environmental factors relating to the health, safety, and welfare of the residents in the affected area. (c) In addition to the initial filing fee, the applicant shall pay a fee not to exceed $8,000 for the services of the Commission to prepare the report.

Md. Code, Land Use § 25-210

(a) (1) Subject to subsection (b) of this section, the district council may review a final decision of the county planning board to approve or disapprove a detailed site plan. (2) A party of record may appeal to the district council a final decision by the county planning board to approve or disapprove a site plan. (b) The district council may only decide whether to review the final approval or disapproval of a detailed site plan under this section within 30 days after the date the final approval or disapproval was issued. (c) (1) Except as provided in paragraph (2) of this subsection, if the district council decides to review an approval or a disapproval under this section, the district council shall hold a hearing within 70 days after the district council issues the decision to conduct a review. (2) The district council may decide to extend the time to hold a hearing under paragraph (1) of this subsection for up to 45 additional days on its own motion or on request of the applicant. (d) The district council shall issue a final decision within 60 days after the date of the hearing. (e) The district council may revoke a delegation of site plan approval authority to the county planning board only for the purpose of delegating approval authority over detailed site plans to the governing body of a municipal corporation in the regional district under § 25–301(c)(2)(ix) of this title.

Md. Code, Land Use § 25-211

If the United States Department of Agriculture sells any portion of the property known as the Beltsville Agricultural Research Center, the district council shall place and permanently maintain the land in a zoning classification of agricultural open space immediately after the transfer of the land to the buyer.

Md. Code, Land Use § 25-212

In Prince George’s County, a person may make a request to the district council for the review of a decision of the zoning hearing examiner or the county planning board only if: (1) the person is an aggrieved person that appeared at the hearing before the zoning hearing examiner or county planning board in person, by an attorney, or in writing; and (2) the review is expressly authorized under this division.

Md. Code, Land Use § 25-213

In Prince George’s County, when the district council is hearing a zoning matter that has been appealed from a decision of a zoning hearing examiner, the district council: (1) may remand the zoning matter back to the zoning hearing examiner only one time; and (2) shall specify that the zoning hearing examiner take action within 30 days after the matter is remanded and relevant information is received from the applicant or the district council.

Md. Code, Land Use § 25-301

(a) Except as otherwise provided in this section, the district council may provide that the governing body of a municipal corporation may exercise the powers of the district council as specified in this subtitle. (b) When exercising authority delegated under subsection (c) or (d) of this section, the governing body of a municipal corporation: (1) shall be subject to the substantive and procedural requirements and standards established by the district council; and (2) may not impose: (i) with respect to general delegation under subsection (c) of this section, a different requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation; or (ii) with respect to delegation in a revitalization overlay zone under subsection (d) of this section, a stricter requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation. (c) (1) This subsection applies to land in a municipal corporation in the regional district. (2) The district council may delegate to the governing body of a municipal corporation the powers of the district council regarding: (i) design standards; (ii) parking and loading standards; (iii) sign design standards; (iv) lot size variances and setback and similar requirements; (v) landscaping requirements; (vi) certification, revocation, and revision of nonconforming uses; (vii) minor changes to approved special exceptions; (viii) vacation of municipal rights–of–way; and (ix) except as provided in paragraph (3) of this subsection, all detailed site plans. (3) The authority to delegate with regard to detailed site plans does not apply to detailed site plans: (i) for a zone that requires detailed site plan approval by the district council; (ii) that are required as a condition of approval of a zoning map amendment or a preliminary plan of subdivision; (iii) for which the approval of a conceptual site plan or a preliminary plan of cluster subdivision is required; or (iv) that are required for designated parcels as a specific condition of a sectional map amendment. (d) (1) This subsection applies to a revitalization overlay zone created by the district council. (2) For any portion of a revitalization overlay zone in a municipal corporation, the district council may delegate to the governing body of a municipal corporation the powers of the district council regarding: (i) design standards; (ii) parking and loading standards; (iii) sign design standards; (iv) lot size variances and setback and similar requirements; and (v) landscaping requirements. (3) The delegation of powers under paragraph (2) of this subsection may not impede a development that meets the requirements the district council sets for the revitalization overlay zone. (4) For any portion of a revitalization overlay zone not within a municipal corporation, the district council may authorize the county planning board to approve: (i) departures from parking and loading standards; (ii) departures from design standards; and (iii) any variance from the zoning laws.

Md. Code, Land Use § 25-302

(a) (1) Except as provided in subsection (b) of this section, any party of record to an action of the governing body of a municipal corporation exercised under § 25–301(c) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action. (2) Any party to an action of the governing body of a municipal corporation or the county planning board exercised under § 25–301(d) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action. (b) (1) With respect to an action taken under the general delegation authorized under § 25–301(c) of this subtitle, before exercising the right to judicial review under subsection (a)(1) of this section, a party of record shall appeal the action of the governing body of the municipal corporation to the district council for review on the record if the action concerns: (i) certification, revocation, or revision of nonconforming uses; or (ii) detailed site plans. (2) On appeal, the district council may: (i) approve the action of the municipal corporation by a majority vote of its members; or (ii) approve the action of the municipal corporation with conditions or overrule the action by a vote of at least six members. (3) (i) A person aggrieved by the action of the district council under this subsection may request judicial review of the action by the circuit court. (ii) The municipal corporation whose action is affected by the action of the district council shall be considered an aggrieved person.

Md. Code, Land Use § 25-303

(a) This section applies to land in a municipal corporation that is in the regional district and is: (1) zoned for residential or commercial use; or (2) adjacent to residential or commercial zones. (b) (1) Notwithstanding any other law, and for the purpose of preserving, improving, or protecting the general character and design of lands and improvements in a municipal corporation, the legislative body of the municipal corporation, by local law, may impose stricter or additional conditions, restrictions, or limitations than are otherwise required by State, regional, or county zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation. (2) The stricter or additional conditions, restrictions, or limitations may apply only to: (i) fences; (ii) residential parking; and (iii) residential storage. (c) Notwithstanding any other law, the legislative body of a municipal corporation, by local law, may authorize the erection of a fence that exceeds the height restrictions or limitations otherwise required by State, regional, or county zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation. (d) The legislative body of a municipal corporation may not enact a local law under this section without holding a public hearing on all issues. (e) A municipal corporation that enacts a zoning law in accordance with this section shall deliver a certified copy of the local law to the district council within 5 days after the enactment and at least 30 days before the effective date of the local law. (f) (1) If the district council does not approve the local law before the effective date of the local law, the local law shall be considered disapproved and may not take effect. (2) The local law may not take effect unless approved by the district council.

Md. Code, Land Use § 25-401

The county, by local law, may provide for: (1) the revitalization and redevelopment activities of the Commission in the county, including: (i) the organization or management of any revitalization or redevelopment activities of the Commission; and (ii) consolidation of Commission activities with the redevelopment authority of the county; and (2) the management and marketing of enterprise operations by the Commission in the county, including consolidation of Commission activities with the revenue authority of the county.

Md. Code, Land Use § 25-402

A local law enacted under this subtitle may not impair or abrogate: (1) any right, including merit system and pension system rights, or benefit of any employee of the Commission; or (2) any pension obligation of the Commission for any Commission employee.

Md. Code, Land Use § 25-403

(a) (1) In this section the following words have the meanings indicated. (2) “Business improvement district” means a business improvement district established under Title 12, Subtitle 4 of the Economic Development Article in the county. (3) “Neglected property” means improved or unimproved real property that: (i) is zoned for commercial, industrial, or nonresidential use by the district council; and (ii) has been abandoned, blighted, or condemned. (4) “Purple Line” has the meaning stated in § 2–103.8 of the Transportation Article. (5) (i) “Transit–oriented development” has the meaning stated in § 7–101 of the Transportation Article. (ii) “Transit–oriented development” includes light rail stops that are located on the Purple Line in Prince George’s County. (b) This section does not apply to State–owned property. (c) The county may exercise the power of eminent domain on neglected property in an area that: (1) has been designated as a transit–oriented development; and (2) is located in a business improvement district. (d) Neglected property obtained under this section is intended to be developed or redeveloped for an economic development purpose in the county. (e) Land or property taken by the county through the exercise of eminent domain under this section: (1) may only be taken for a public purpose, including for private development that is consistent with a public purpose; and (2) may not be taken without just compensation, as agreed on between the parties, or awarded by a jury, being first paid or tendered to the party entitled to the compensation, in accordance with Title 12 of the Real Property Article.

Md. Code, Land Use § 25-501

(a) In this subtitle the following words have the meanings indicated. (b) “Agreement” means a development rights and responsibilities agreement negotiated and executed by the County Executive or the County Executive’s designee, with the approval of the district council, to establish conditions for advancing school capacity. (c) “Developer” means a person with a legal or equitable interest in real property located in Prince George’s County. (d) (1) “Development” means any activity that materially affects the existing condition or use of any land or structure. (2) “Development” does not include normal agricultural activity.

Md. Code, Land Use § 25-502

A developer or developer’s representative may petition the County Executive to request that an agreement be executed.

Md. Code, Land Use § 25-503

(a) Except as provided under subsection (b) of this section, the County Executive may: (1) negotiate agreements with a developer for real property located in the county; (2) include a federal, State, or local government or unit as an additional party to the agreement; and (3) execute an agreement. (b) The County Executive may not enter into an agreement unless: (1) the agreement is approved by the district council; and (2) the county planning board determines that the proposed agreement is consistent with the Commission’s general plan.

Md. Code, Land Use § 25-504

(a) The district council may: (1) establish procedures and requirements for the consideration and execution of agreements, including provisions for negotiation and approval in accordance with this subtitle; and (2) approve agreements negotiated by the County Executive. (b) The district council shall require a public hearing before approving an agreement.

Md. Code, Land Use § 25-506

(a) An agreement shall include: (1) a description of the real property subject to the agreement; (2) the parties involved; (3) the specific purposes of the agreement; (4) the duration of the agreement; (5) a physical description and location of the structures and supporting facilities and features on the real property; (6) a description of all anticipated permits required or already approved for the development of the real property; (7) provisions for the construction or financing of adequate public facilities for schools; (8) a statement that the proposed development is consistent with: (i) the Commission’s general plan; and (ii) all applicable development laws and regulations; and (9) a description of the requirements determined by the county planning board to be necessary to ensure the public health, safety, and welfare. (b) An agreement may: (1) establish the terms by which and a period of time when development, or individual phases, shall begin and be completed; and (2) provide for other matters in accordance with this division.

Md. Code, Land Use § 25-507

(a) Except as otherwise provided in the agreement or extended by amendment under § 25–509 of this subtitle, an agreement is void 15 years after execution by the parties. (b) Any extension to an agreement is subject to approval by the district council.

Md. Code, Land Use § 25-508

The laws, rules, regulations, and policies in force at the time the parties execute an agreement shall govern the use, density, or intensity of development of the real property subject to the agreement unless the district council or State or federal government determines that compliance with laws, rules, regulations, and policies enacted after the parties executed the agreement is essential to ensure public health, safety, or welfare.

Md. Code, Land Use § 25-509

The parties to an agreement may amend the agreement by mutual consent if the district council: (1) approves any substantive amendment; and (2) determines that the proposed amendment to the agreement is consistent with the Commission’s general plan.

Md. Code, Land Use § 25-510

(a) The parties to an agreement may terminate the agreement by mutual consent. (b) If the County Executive determines that suspension or termination of an agreement is essential to ensure the public health, safety, or welfare, the County Executive may suspend or terminate the agreement.

Md. Code, Land Use § 25-511

(a) (1) An agreement shall be recorded in the land records of Prince George’s County. (2) If an agreement is not recorded as required under paragraph (1) of this subsection within 30 days after its execution by all parties, the agreement is void. (b) When an agreement is recorded under subsection (a) of this section, the parties to the agreement and their successors in interest are bound to the agreement.

Md. Code, Land Use § 25-512

(a) Unless terminated under § 25–510 of this subtitle, an agreement may be enforced by the parties to the agreement or their successors in interest using all remedies available at law or in equity. (b) No right to an administrative appeal arises from the negotiation or enforcement of an agreement.

Md. Code, Land Use § 25-601

(a) In this subtitle the following words have the meanings indicated. (b) “Agricultural property” means property that is used for: (1) agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities; (2) temporary or seasonal outdoor activities that do not permanently alter the property’s physical appearance and that do not diminish the property’s rural character; or (3) activities that are intrinsically related to the ongoing agricultural enterprise on the property. (c) “District” means the Prince George’s County Soil Conservation District. (d) “Fund” means the Prince George’s County Agricultural Preservation Easement Fund. (e) “Preservation” means the limitation of the use of agricultural property to those uses consistent with, and not adversely affecting: (1) the agricultural character of the property; (2) the scenic values enjoyed by the public; or (3) the governmental preservation policies furthered by the easement acquisition. (f) “Program” means the Prince George’s County Agricultural Preservation Easement Program.

Md. Code, Land Use § 25-602

(a) There is a Prince George’s County Agricultural Preservation Easement Program. (b) The purposes of the Program are to: (1) implement the policies of the county’s general plan and the Green Infrastructure Plan to preserve, protect, and enhance agricultural properties, particularly those in the Rural Tier; (2) preserve ecologically fragile and aesthetically valuable environments of the county, including streams, stream valleys, floodplains, wetlands, groundwater, steep slopes, woodlands, habitats, scenic vistas, and scenic corridors; (3) retain agricultural land and augment other local and State programs certified in accordance with the Code of Maryland Regulations for the preservation of agricultural land; (4) recognize the public value in protecting agriculture and agricultural viewsheds, vistas, rural culture and character, and longstanding agricultural enterprises; (5) limit nonagricultural uses; (6) conserve and protect biodiversity and wildlife and aquatic habitats; (7) promote interest in and the study of agriculture and agricultural preservation; and (8) promote tourism through the preservation of scenic resources.

Md. Code, Land Use § 25-603

The District shall administer the Program in accordance with regulations that the county planning board and the District adopt under this subtitle.

Md. Code, Land Use § 25-604

(a) The County Council may enact local laws to provide for: (1) agricultural preservation, outreach, and marketing; (2) maintenance of activities on agricultural properties of the Commission; and (3) the preservation of the agricultural industry. (b) A local law enacted under subsection (a) of this section may not be inconsistent with this division.

Md. Code, Land Use § 25-605

(a) The county planning board and the District shall adopt regulations to carry out this subtitle. (b) The regulations shall: (1) establish an application process for the Program; (2) establish criteria for assigning priorities to applications for easements to purchase; (3) establish a process for negotiating the purchase of easements; (4) allow the District to procure any appraisals necessary for valuation of each easement; and (5) specify a method for appraising and valuing easements to encourage landowners to participate in the Program and maximize the acreage for easements to be purchased. (c) The regulations may provide for the adjudication and appeal of any disputed easement valuation by the county Property Tax Assessment Appeal Board in accordance with § 2–511 of the Agriculture Article.

Md. Code, Land Use § 25-606

(a) There is a Prince George’s County Agricultural Preservation Easement Fund. (b) The county planning board shall administer the Fund. (c) The Fund consists of revenues from county metropolitan district taxes or county regional district taxes. (d) The purposes of the Fund are to: (1) preserve, protect, and enhance agricultural properties; and (2) implement the purposes of the Program. (e) (1) The Fund shall be used to purchase easements to implement the Program. (2) In deciding which easements to purchase using the Fund, the county planning board shall: (i) exercise prudence and due diligence; and (ii) consider the recommendations of the District.

Md. Code, Land Use § 25-607

(a) The county planning board may purchase an easement on agricultural property in the county that is outside the metropolitan district but is in the regional district. (b) To further the purposes of the Program, the county planning board may expend any current money that is authorized under this division to be used to purchase easements in the county in the metropolitan district.

Md. Code, Land Use § 25-608

(a) When an agricultural preservation easement is purchased in accordance with this subtitle, the property owner shall convey a perpetual preservation easement to the county planning board at the time of settlement. (b) The easement shall be recorded in the county land records.

Md. Code, Land Use § 25-701

The county shall cooperate or contract with the United States in any matter relating to any project for flood control or navigation in the valleys of the Anacostia River and its tributaries in the county.

Md. Code, Land Use § 25-702

(a) Before the county enters into any contract or agreement with the United States and before any plan relating to a flood control or navigation project or the maintenance or operation of a flood control or navigation project is approved, the county shall submit for consideration each contract, agreement, or plan affecting a State road or land in a park or parkway under the jurisdiction of the Commission to: (1) the State Highway Administration; and (2) the Commission. (b) The county may not approve a plan or enter into a contract or an agreement that is inconsistent with: (1) the purposes of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482; or (2) any agreement between the Commission and the National Capital Planning Commission related to the park and parkway system authorized by that Act.

Md. Code, Land Use § 25-703

(a) Except for costs borne by the United States or the State Highway Administration, the county shall pay all costs of a flood control or navigation project from the Stormwater Management Fund. (b) The county shall apply the Fund to the cost of: (1) constructing and relocating all county roads and bridges related to the flood control or navigation project; (2) constructing necessary internal drainage facilities; (3) relocating utility structures; and (4) acquiring land and buildings necessary for the flood control or navigation projects. (c) The county may accept contributions from the United States, the District of Columbia, the State, Montgomery County, any municipal corporation or special taxing district, or any other person if the county determines that the contribution may assist in the construction of any project under this subtitle.

Md. Code, Land Use § 25-704

The Commission: (1) may use the lands acquired for flood control or navigation projects for park purposes if the use does not interfere with the construction, maintenance, and operation of the projects; and (2) shall control and operate recreational facilities within the projects.

Md. Code, Land Use § 25-801

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Nontraditional recreational opportunities” means sports, recreational activities, programs, or facilities in the county with a reasonable promise of growth in: 1. popularity; or 2. participation or demand among youth populations that are otherwise under–represented or underserved by traditional recreational activities. (ii) “Nontraditional recreational opportunities” may include: 1. skate parks; 2. lacrosse walls; 3. remote–controlled car courses; 4. pickleball courts; 5. disc golf courses; 6. cricket fields; 7. pump tracks; and 8. any other new or innovative recreation or leisure activity recommendation included in a park and recreation plan. (3) “Park and recreation plan” means: (i) a functional master plan of parks and open spaces adopted under § 21–106(a)(3) of this article; or (ii) a local land preservation and recreation plan approved under § 5–905(b) of the Natural Resources Article. (b) The county planning board shall: (1) provide an adequate and balanced program of recreation to serve the needs and interests of various age groups among the residents of the county that includes appropriate nontraditional recreational opportunities; (2) offer a comprehensive youth sports program that provides a variety of sports programming, leagues, and teams throughout the county; and (3) coordinate the programs with the Commission’s park functions. (c) The county planning board may develop programs of recreation that may include physical, social, mental, and creative opportunities that the county planning board considers appropriate to offer in: (1) major recreation centers, playfields, athletic fields, playgrounds, tennis courts, baseball diamonds, swimming pools, golf courses, community centers, and social centers on publicly or privately owned land or buildings made available for these purposes or over which the county planning board has sole or joint jurisdiction; or (2) land or buildings of a municipal corporation or political subdivision in the county, if the municipal corporation or political subdivision requests the services of the county planning board. (d) (1) The county planning board may contract with recreation or sports groups or associations to incorporate the activities of the groups or associations into the programs established by the county planning board under this subtitle. (2) Notwithstanding paragraph (1) of this subsection, as part of the programs established under this subtitle the county planning board shall create a youth sports division to: (i) coordinate youth sports programming, leagues, and teams; and (ii) incorporate youth sports activities into the programs. (e) (1) There is a Nontraditional Recreation Fund. (2) The Nontraditional Recreation Fund shall finance and account for the development and maintenance of nontraditional recreational opportunities in the county. (3) The Commission shall record revenues from the development and maintenance of nontraditional recreational opportunities in the county in the Nontraditional Recreation Fund. (4) The Commission shall use the revenues of the Nontraditional Recreation Fund: (i) for capital improvement projects that contribute to providing nontraditional recreational opportunities; (ii) to provide patrons of the Commission access to equipment necessary to participate in nontraditional recreational opportunities; and (iii) for supplies and other direct program costs associated with providing nontraditional recreational opportunities in accordance with this section.

Md. Code, Land Use § 25-802

The county planning board, in the development and conduct of its recreation programs and in scheduling the use of publicly owned land or buildings for the conduct of the programs, shall cooperate with recognized and generally accepted agencies, groups, and organizations that may request to use the land or buildings.

Md. Code, Land Use § 25-805

(a) Subject to confirmation by the County Council, the County Executive: (1) shall appoint a standing advisory committee on recreation, which shall be representative of the residents of the county; and (2) may appoint additional advisory committees on recreation as necessary. (b) The county planning board may make recommendations regarding the functions and membership of the advisory committees.

Md. Code, Land Use § 25-806

(a) The county planning board shall prepare and submit to the County Council an annual budget, including a schedule of recreation activities and programs. (b) The County Council’s approval of the recreation schedule is concurrence in the recreation activities and programs proposed for any fiscal year. (c) The County Council may: (1) modify the recreation schedule; and (2) direct the county planning board to initiate any recreation activity or program. (d) The county planning board shall initiate any activity or program directed by the County Council with reasonable promptness to the extent funds are available for that purpose.

Md. Code, Land Use § 25-807

(a) (1) In this section the following words have the meanings indicated. (2) “Enterprise Fund” means the Maryland–National Capital Park and Planning Commission Enterprise Fund. (3) “Marina” means the Bladensburg Marina and Boat Basin established by Chapter 618 of the Acts of 1959, and all improvements, facilities, and appurtenances of the Bladensburg Marina and Boat Basin. (b) The Commission shall administer, maintain, and operate the Marina. (c) The Commission: (1) shall adopt regulations for the use and enjoyment of the Marina to assure that the improvements and facilities are open to all residents on equal terms; (2) shall set the fees for the use of the public and commercial navigation facilities; and (3) may contract with the Washington Suburban Sanitary Commission for dredging activities relating to the maintenance and operation of the Marina. (d) (1) There is a Maryland–National Capital Park and Planning Commission Enterprise Fund. (2) The Enterprise Fund shall finance and account for the maintenance and operation of the Marina. (3) The Commission shall record revenues from the maintenance and operation of the Marina in the Enterprise Fund. (4) The Commission shall use the revenues of the Enterprise Fund: (i) to offset expenditures relating to the Marina; or (ii) for other enterprise funds of the Commission’s park and recreational facilities located in the regional district in the county. (e) (1) Each year the County Council shall impose on all property assessed for county tax purposes in the county an ad valorem tax at a rate that the Commission certifies as necessary to produce the amount required to pay the annual cost of the Marina, less the proceeds of the Enterprise Fund. (2) The annual cost includes the cost of dredging operations relating to the maintenance and operation of the Marina. (f) (1) Montgomery County is not liable for any cost, debt, expense, or obligation relating to the administration, operation, or maintenance of the Marina. (2) Funds for the administration, operation, or maintenance of the Marina may not be obtained from: (i) Montgomery County’s portion of the budget; or (ii) Montgomery County’s portion of unbudgeted funds of the Commission.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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