(a) General. Except as provided under subsections (c) and (d) of this Section, the requirements for notice, public hearing, and administrative decision-making for the associated development approval must be followed when reviewing a forest stand delineation or forest conservation plan.
(b)
Forest conservation plans and variances approved by the Planning Board.
A person aggrieved by the decision of the Planning Board on the approval, denial, or modification of a forest conservation plan (including a request for a variance) may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(c) Forest stand delineations, exemptions from Article II, and forest conservation plans reviewed by the Planning Director.
(1) Appeal to Planning Board. After the Planning Director issues a written decision on a natural resource inventory/forest stand delineation, exemption from Article II, or forest conservation plan, an applicant may appeal the decision to the Planning Board within 30 days.
(2) Hearing; decision. The Planning Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Planning Board is the final agency action.
(3) Appeal. After receiving the Planning Board’s decision, an applicant may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(d) Administrative enforcement process.
(1) Notice. A citation, notice of violation, or other administrative notice issued by the Planning Director under Section 22A-16(e) or an order issued under Section 22A-17 must give the recipient the right to request, within 15 days after receiving the notice, a hearing before the Planning Board or the Board’s designee.
(2) Hearing.
(A) If the recipient of a notice or order requests an opportunity for a hearing, the Board or its designee must promptly schedule a hearing unless the recipient consents to a delay. The filing of a request for a hearing does not stay an administrative order to stop work, stabilized a site, or stop a violation.
(B) If the Planning Board or the Board’s designee holds a hearing under this Article, the Board or its designee must issue a notice of the hearing date.
(C) The Planning Board may designate a hearing officer, including a Hearing Examiner from the Office of Zoning and Administrative Hearings, to conduct a hearing and submit a report and recommendation on any alleged violation of this Chapter. The hearing officer must submit the required report and recommendation to the Board not later than 30 days after the hearing record closes. The hearing officer may extend the time to file the report by notifying all parties.
(3) Decision. The Planning Board must inform the recipient in writing of its decision on an administrative enforcement action. The Board's decision is the final agency action for all purposes.
(4) Appeal. After receiving the Planning Board’s decision, an aggrieved person may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals. (1992 L.M.C., ch. 4, § 1; 2010 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 23, § 1; 2014 L.M.C., ch. 25, § 1.)
Editor’s note—2013 L.M.C., ch. 23, § 2, states: (a) The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date when it becomes law. (b) Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that the Planning Board takes after this Act takes effect, regardless of whether the alleged violation to which the enforcement action applies was committed before or after this Act took effect.
2010 L.M.C., ch. 6, § 2, states in part: Applicability. (b) Any amendment to County Code Chapter 22A made by Section 1 of this Act applies to any enforcement action that begins after this Act takes effect even if the alleged violation on which the enforcement action is based was committed before this Act took effect.