This post summarizes the final status of various planning and zoning legislation that MACo either considered or took a position on.
MACo PlanMaryland Legislation: HB 1201 / SB 532 is MACo legislation that would define the scope and application of the State Development Plan (PlanMaryland). As introduced, the bill would prohibit PlanMaryland from being used to deny State permits, approvals, or mandated funding. The bill would also provide that in the event of a conflict between the State and a local government over the planning area designations in the Plan, the local government’s comprehensive planning and zoning classifications would prevail. MACo supported the bill. Subsequently, MACo and the Maryland Department of Planning (MDP) agreed upon amendments to the bill stating that the Plan may not be used to deny a State-issued permit, deny mandated funding, supersede State or local statutes or regulations, overturn a decision of a local government to fund a project, or require a local government to amend its comprehensive plan or zoning. FINAL STATUS: The General Assembly passed HB 1201 with the MACo/MDP consensus amendments and also added a requirement that the Smart Growth Subcabinet meet biennially with local governments to discuss land use issues. The Senate passed SB 532 in a form identical with the House Bill but the bill did not pass the House.
Prohibition on PlanMaryland to Deny Permits or Mandated Funding: HB 932 and SB 701 are similar bills that include language similar to the MACo PlanMaryland legislation and would prohibit the use of PlanMaryland to deny State permits or mandated funding. MACo supported the bills as they contained similar provisions to the MACo legislation. FINAL STATUS: The House gave HB 932 an unfavorable report. The Senate gave SB 701 an unfavorable report.
PlanMaryland Conflict : SB 835 includes language similar to the MACo PlanMaryland legislation and would provide that in the event of a conflict between the State and a local government over the planning area designations in the Plan, the local government’s comprehensive planning and zoning classifications would prevail. MACo supported the bill as it contained a similar provision to the MACo legislation. FINAL STATUS: The Senate gave SB 835 an unfavorable report.
Approval of PlanMaryland By General Assembly: HB 32, HB 36, HB 931, and SB 829 are similar bills that would require General Assembly approval of PlanMaryland. MACo supported the bills, citing the traditional oversight role of the General Assembly in significant land use policy changes. FINAL STATUS: HB 32 was withdrawn by the bill’s sponsor. The House gave HB 36 and HB 931 an unfavorable report. The Senate gave SB 829 an unfavorable report.
Prohibition on Restricting Local Land Use Authority: SB 826 would prohibit MDP, the Office of Smart Growth, the Special Secretary of Smart Growth, and the Smart Growth Subcabinet from adopting regulations or taking an action that would restrict the land use power of any local government or regional planning agency. MACo supported the bill, citing the traditional oversight role of the General Assembly in significant land use policy changes. FINAL STATUS: The Senate gave SB 826 an unfavorable report.
