Maryland Maryland-National Capital Park and Planning Commission Section 7-105

Article - Maryland-National Capital Park and Planning Commission

§ 7-105.

      (a)      This section is applicable within the area of any municipal corporation subject to Article XI-E of the Constitution of Maryland lying in whole or in part within the area added to the regional district by Chapter 596 of the Acts of the General Assembly of 1957.

      (b)      Except as provided by agreement under this section, neither the Commission nor the Montgomery County Planning Board nor the district council may exercise any planning or zoning power or jurisdiction within any municipal corporation that existed as of June 1, 1957, as provided under subsection (a) of this section. A municipality that incorporates after June 1, 1957 may not exercise planning, zoning, or subdivision power unless expressly provided for in this article.

      (c)      The administrative tax provided for in § 6-107 of this article may not be levied or collected in the municipal corporation, except as hereinafter provided.

      (d)      The ordinances and regulations adopted by the district council or the Commission or the Montgomery County Planning Board do not apply to the area of the municipal corporation, except as hereinafter provided.

      (e)      Sections 7-115, 7-118, 7-119, 7-113, 8-118, 8-101, 8-107, 8-119, 8-112, and 8-109 of this article do not apply to the area of any such municipal corporation, except as hereinafter provided.

      (f)      The Commission or the Montgomery County Planning Board is authorized to enter into an agreement with any municipal corporation providing for the exercise of the planning and zoning jurisdiction and powers of the Commission or the board within the area included in the municipal corporation.

      (g)      Upon the execution of the agreement all the ordinances and regulations of the Commission or the Montgomery County Planning Board and the district council, in effect in the remainder of the regional district within Montgomery County, and all provisions of this title apply to the area included in the municipal corporation. The administrative tax provided for in § 6-107 of this article shall thenceforth be levied and collected within the area of the municipal corporation as the tax is levied and collected throughout the remainder of the regional district in Montgomery County.

      (h)      The agreement may contain a provision that the governing body of the municipal corporation shall act as the district council for the municipal corporation. In this case the governing body shall exercise solely within the area of the municipal corporation all the power granted to the district council by this title.

      (i)      The Commission or the Montgomery County Planning Board, whenever it deems proper, may submit recommendations to any municipal corporation with respect to any planning or zoning action under consideration by the municipal corporation, and the recommendation of the Commission or the board shall be incorporated as a part of the record of the action by the municipal corporation.

      (j)      Any agreement entered into between the Commission or the Montgomery County Planning Board and any municipal corporation as provided in this section shall be irrevocable and shall remain in effect as written until and unless revoked or amended, as the case may be, by mutual action of the Commission or the Planning Board and the municipal corporation.



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