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Statutes Text

Article - Land Use




§1–208.

    (a)    In this section, “National Center” means the National Center for Smart Growth Research and Education at the University of Maryland, College Park Campus.

    (b)    (1)    The General Assembly finds that:

            (i)    in addition to reporting on past land use indicators and measures, local jurisdictions should strive to achieve future land use goals that implement and achieve the visions in § 1–201 of this subtitle;

            (ii)    a statewide land use goal that embodies the visions in § 1–201 of this subtitle and smart and sustainable growth should be established;

            (iii)    the visions in § 1–201 of this subtitle will not be realized unless local jurisdictions set their own goal to make incremental progress towards achieving a statewide land use goal; and

            (iv)    resources are necessary to achieve a statewide goal, including funding for infrastructure inside the priority funding areas and land preservation outside the priority funding areas.

        (2)    (i)    The statewide land use goal is to increase the current percentage of growth inside the priority funding areas and to decrease the percentage of growth located outside the priority funding areas.

            (ii)    Local jurisdictions shall develop a percentage goal towards achieving the statewide goal.

    (c)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, the annual report required to be filed under § 1–207 of this subtitle shall include the following measures and indicators:

            (i)    the amount, share, and net density of growth inside and outside the priority funding areas;

            (ii)    the creation of new lots and the issuance of residential and commercial building permits inside and outside the priority funding areas;

            (iii)    the development capacity analysis, updated every 3 years and whenever there is a significant change in zoning or land use patterns;

            (iv)    the number of acres preserved using local agricultural land preservation funding, if applicable; and

            (v)    the following information on achieving the statewide goal stated in subsection (b)(2) of this section:

                1.    the local goal;

                2.    the time frame for achieving the local goal;

                3.    the resources necessary for infrastructure inside the priority funding areas and land preservation outside the priority funding areas; and

                4.    any incremental progress made towards achieving the local goal.

        (2)    If all land within the boundaries of a municipal corporation is a priority funding area, the municipal corporation need not:

            (i)    establish a local goal for achieving the statewide goal stated in subsection (b)(2) of this section; or

            (ii)    include information in the annual report on a local goal as required in paragraph (1)(v) of this subsection.

        (3)    A county or municipal corporation that issues fewer than 50 building permits for new residential units each year:

            (i)    need not include information in the annual report on measures and indicators listed in paragraph (1) of this subsection; but

            (ii)    shall provide documentation to the Department of Planning each year that fewer than 50 building permits for new residential units are issued.

    (d)    (1)    In accordance with Title 2, Subtitle 5 and Title 10, Subtitle 1 of the State Government Article, the Department of Planning may adopt regulations to detail how the measures and indicators required under subsection (c) of this section are submitted and transmitted in the annual report of each local jurisdiction.

        (2)    The Department of Planning shall:

            (i)    develop measures and indicators that will be collected by the Department; and

            (ii)    consider which measures or indicators may be collected by the National Center.

    (e)    On or before January 1 of each year, the Department of Planning, in consultation with the National Center, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the measures and indicators collected under this section.



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