2013 Maryland Code
LAND USE
§ 23-102 - In general [Effective until October 1, 2013].


MD Land Use Code § 23-102 (2013) What's This?

§23-102.

(a) (1) Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George’s County, or received or recorded by the clerks of the courts of the respective county, unless:

(i) the plat has been submitted to and approved by the applicable county planning board; and

(ii) the chair of the county planning board and the secretary-treasurer of the Commission endorse an approval in writing on the plat.

(2) The recordation of a subdivision plat without the approval of the county planning board is void.

(b) (1) In Prince George’s County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director.

(2) The planning director’s endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat.

(c) A subdivision in a municipal corporation with subdivision authority under Article 23A of the Code that is in the regional district may be recorded in the land records of Montgomery County or Prince George’s County if:

(1) the subdivision plat has been submitted to and approved by the municipal corporation; and

(2) the appropriate official of the municipal corporation endorses an approval in writing on the plat.

(d) (1) The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board’s subdivision functions.

(2) The fees shall be:

(i) based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and

(ii) paid into the Commission’s administrative fund established under § 18-307 of this article before a subdivision plat is approved or disapproved.

(e) (1) After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well-bound book kept by the clerk of the court for recording plats.

(2) The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat.

(f) (1) A subdivision plat shall be prepared in a manner required by the Commission by regulation.

(2) An approved subdivision shall have permanent markers, bound stones, or stations:

(i) as required by the Commission; and

(ii) that are shown on the subdivision plat.

(3) A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.

§ 23-102 - In general [Effective October 1, 2013].

(a) Subdivision plat approval required by county planning board. --

(1) Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George's County, or received or recorded by the clerks of the courts of the respective county, unless:

(i) the plat has been submitted to and approved by the applicable county planning board; and

(ii) the chair of the county planning board and the secretary-treasurer of the Commission endorse an approval in writing on the plat.

(2) The recordation of a subdivision plat without the approval of the county planning board is void.

(b) Minor subdivision plat approval. --

(1) In Prince George's County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director.

(2) The planning director's endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat.

(c) Municipal subdivision plat approval. -- A subdivision in a municipal corporation with subdivision authority under Division II of the Local Government Article that is in the regional district may be recorded in the land records of Montgomery County or Prince George's County if:

(1) the subdivision plat has been submitted to and approved by the municipal corporation; and

(2) the appropriate official of the municipal corporation endorses an approval in writing on the plat.

(d) Subdivision fees. --

(1) The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board's subdivision functions.

(2) The fees shall be:

(i) based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and

(ii) paid into the Commission's administrative fund established under § 18-307 of this article before a subdivision plat is approved or disapproved.

(e) Subdivision plat recordation; clerk's fee. --

(1) After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well-bound book kept by the clerk of the court for recording plats.

(2) The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat.

(f) Preparation of plats. --

(1) A subdivision plat shall be prepared in a manner required by the Commission by regulation.

(2) An approved subdivision shall have permanent markers, bound stones, or stations:

(i) as required by the Commission; and

(ii) that are shown on the subdivision plat.

(3) A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.

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