Md. Code Regs. 34.03.01.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 34.03.01.03 - Intervention in Local Proceedings

A. Review of Basic Plans and Regulations. Certain plans and regulations serve as the foundation for land use, development, and construction decisions in a county or municipal corporation. These plans and regulations generally affect all or a substantial portion of the county or municipal corporation. Because of their importance, the Department reviews these plans and regulations and makes recommendations to local governments, as appropriate. The Department may participate in local proceedings preceding the adoption of a particular plan, regulation, or set of regulations, through correspondence, through attendance or testimony at meetings or hearings, or in any other appropriate manner. The Department may also participate in judicial proceedings in which an adopted plan or regulation is invoked or challenged. Examples of the plans and regulations covered by this section are:

(1) Comprehensive or master plans, area plans, and functional plans, and amendments to these plans;

(2) Zoning ordinances and text amendments to these ordinances;

(3) Comprehensive zonings and comprehensive rezonings;

(4) Subdivision regulations and amendments to these regulations; and

(5) Local critical area protection programs prepared under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland.

B. Participation in Individual Proceedings. The term "individual proceedings" includes proceedings in connection with zoning map amendments, special exceptions, variances, and the administration of subdivision regulations, as well as other proceedings that normally involve only a single property or a small number of properties. The Department shall examine the following factors in determining whether an individual proceeding is of State or interjurisdictional interest, so as to warrant intervention:

(1) The consistency of proposed actions with State policies, plans, and programs;

(2) The impacts proposed actions are likely to have on State facilities;

(3) The interjurisdictional impacts proposed actions are likely to have;

(4) The economic and environmental impacts proposed actions are likely to have;

(5) The compatibility of proposed actions with local plans, regulations, and enabling authority; and

(6) The compatibility of proposed actions with State statutory and case law.

Md. Code Regs. 34.03.01.03

Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)