2018 Maryland Code
Natural Resources
Title 1 - Department of Natural Resources
Subtitle 4 - General Provisions
§ 1-404. County authority to deny applications for local land use on protected lands

  • (a) Definitions. --

    • (1) In this section the following words have the meanings indicated.

    • (2) "Administrator" means the final authority in the decision making process for accepting land into a land conservation program in the Department of Natural Resources.

    • (3) "Conservation easement" means an easement held or co-held by the Department of Natural Resources or the Maryland Environmental Trust.

    • (4) "Land conservation program" includes the Maryland Environmental Trust, Program Open Space, and the Rural Legacy Program.

    • (5) "Project" means an acquisition or development project under Program Open Space, in accordance with Title 5, Subtitle 9 of this article.

    • (6) "Protected land" means land that is protected by a land conservation program.

    • (7) "Rural Legacy Area" has the meaning stated in ยง 5-9A-02 of this article.

  • (b) Applicability. -- This section applies to applications affecting land that is protected by a program within the Department of Natural Resources, including land that is:

    • (1) Subject to a conservation easement within a designated Rural Legacy Area;

    • (2) Subject to a conservation easement held by the Maryland Environmental Trust; or

    • (3) Subject to a conservation easement funded under Program Open Space.

  • (c) In general. -- If the administrator of a land conservation program has not approved the use for the land for which an application is made, a county or municipal corporation may deny an application for:

    • (1) A subdivision plat or plan;

    • (2) A residential building permit; or

    • (3) Any other nonagricultural use or activity, including an access road.

  • (d) Construction. -- This section may not be construed to limit the authority of a county to grant or deny an application for a land use permit.

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