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Statutes Text

Article - Land Use




§4–104.    IN EFFECT

    (a)    The powers granted to a local jurisdiction under this subtitle do not:

        (1)    grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;

        (2)    restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;

        (3)    authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or

        (4)    preempt or supersede the regulatory authority of any unit of the State under any public general law.

    (b)    (1)    If a legislative body regulates off–street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.

        (2)    A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.

§4–104.    ** TAKES EFFECT JANUARY 1, 2025 PER CHAPTER 122 OF 2024 **

    (a)    In this section, “modular dwelling” means a building assembly or system of building subassemblies designed for habitation as a dwelling for one or more individuals:

        (1)    that includes the necessary electrical, plumbing, heating, ventilating, and other service systems;

        (2)    that is made or assembled by a manufacturer on or off the building site for installation, or assembly and installation, on the building site; and

        (3)    installed and set up according to the manufacturer’s instructions on an approved foundation and support system.

    (b)    The powers granted to a local jurisdiction under this subtitle do not:

        (1)    grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;

        (2)    restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;

        (3)    authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or

        (4)    preempt or supersede the regulatory authority of any unit of the State under any public general law.

    (c)    (1)    If a legislative body regulates off–street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.

        (2)    A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.

    (d)    A legislative body may not prohibit the placement of a new manufactured home or modular dwelling in a zone that allows single–family residential uses if the home or dwelling:

        (1)    (i)    meets the definition of modular dwelling under subsection (a) of this section; or

            (ii)    meets the definition of a manufactured home in § 9–102(a) of the Commercial Law Article and is, or will be after purchase, converted to real property in accordance with Title 8B, Subtitle 2 of the Real Property Article; or

        (2)    is located on land:

            (i)    currently or previously owned by the federal government;

            (ii)    greater than 80 acres in size; and

            (iii)    that was the site of a former U.S. military reservation.



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