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34.03.01.00.htm 34.03.01.00. Title 34 DEPARTMENT OF PLANNING Subtitle 03 LAND USE Chapter 01 Standards for Intervention in Land Use Proceedings Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
34.03.01.01.htm 34.03.01.01. 01 Nature and Purpose of Intervention.. Legislative, executive, and judicial decisions at all levels of government that concern land use, development, or construction may have important consequences for the State. The Department of Planning is authorized by statute to participate as a party in any proceeding in the State concerning land use, development, or construction. The purpose of intervention in a particular proceeding is to inform the decision-maker of t
34.03.01.02.htm 34.03.01.02. 02 General Policy on Intervention.. It is the general policy of the Department to participate in selected proceedings concerning land use, development, or construction that are of State or interjurisdictional interest. The decision whether a particular proceeding is of State or interjurisdictional interest shall be made by the Department according to these standards.
34.03.01.03.htm 34.03.01.03. 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 governme
34.03.01.04.htm 34.03.01.04. 04 Intervention in Proceedings of Regional, State, Interstate, and Federal Agencies.. The Department may intervene in certain proceedings in this State that are conducted by regional, State, interstate, and federal agencies. Among these are proceedings in connection with the adoption or amendment of plans; the initiation, modification, or abandonment of major public improvements; the adoption, amendment, or enforcement of regulations; and the granting, modification, or revocation o
34.03.01.05.htm 34.03.01.05. 05 Requests for Intervention.. A. Units of State Government. A unit of State government may request that the Department intervene in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of the requesting unit or another unit of State government, to state the views of the Department or the requesting unit.B. Local Governments, Individuals, and Organizations. A local government may request that the Department intervene in a local
34.03.01.06.htm 34.03.01.06. 06 Notice by Local Governments to the Department.. The Department and local governments have established written procedures for notifying the Department of proceedings concerning land use, development, or construction that may be of State or interjurisdictional interest. The notification procedures are intended to keep the Department advised of local developments and not to limit the Department's intervention authority. The Department may intervene in a local proceeding,
34.03.01.07.htm 34.03.01.07. 07 Coordination with Units of State Government.. A. In General. The Department shall make efforts to coordinate its intervention activities with the plans, programs, and activities of other units of State government. When the Department determines that intervention in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of another unit of State government, may be of interest to a unit of State government, the Department sh
34.03.01.08.htm 34.03.01.08. 08 Standards Do Not Limit Authority.. These standards are intended to inform governmental units, individuals, and organizations of the general policy and procedures that will be followed by the Department. They are not intended to and should not be construed to limit the Department's intervention authority.
34.03.01.9999.htm 34.03.01.9999. Administrative History Effective date: October 15, 1975 (2:23 Md. R. 1416). Chapter recodified from COMAR 16.00.03 to 16.03.01). Chapter revised effective December 26, 1980 (7:26 Md. R. 2425). Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557). Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558). Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558) ―.
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