Chapter 33A. Planning Procedures. [Note]

Article 1. Master Plans.

§ 33A-1. Effect of chapter.

§ 33A-2. Definitions.

§ 33A-3. Initiation of plan.

§ 33A-4. Amendments.

§ 33A-5. Public hearing-preparation; copies to be made available; comments by county executive.

§ 33A-6. Public hearing.

§ 33A-7. Planning Board Draft.

§ 33A-8. District Council action.

§ 33A-9. Adoption of plan.

§ 33A-10. Publication of adopted plans.

§ 33A-11. Certification and filing.

§ 33A-12. Previously adopted plans to remain effective.

§ 33A-13. Administrative procedures.

Article 2. Components of the Plan.

§ 33A-14. Greenhouse Gas Emissions and Racial Equity and Social Justice.

Article 3. Growth Policies.

§ 33A-15. Growth and Infrastructure Policy.

§ 33A-16. Reserved.

Article 4. Land Use Information Functions.

§ 33A-17. Information and referral services.

 

Notes

[Note]

*Editor's note—In Montgomery Preservation, Inc. v. Montgomery County Planning Board, 424 Md. 367, 36 A.3d 419 (2012), the Court quoted Section 33A-7 when interpreting Chapter 33A as giving the County Council authority to enact laws to implement the County’s historic preservation authority. Chapter 33A is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011), and in Boyds Civic Association v. Montgomery County Council, 309 Md. 683, 526 A.2d 598 (1987).    Cross reference-Subdivisions, ch. 50; zoning, ch. 59.

ARTICLE 1. MASTER PLANS.

Sec. 33A-1. Effect of chapter.

   Under authority of chapter 711 of the 1969 Laws of Maryland, this chapter establishes planning procedures for Montgomery County, which supersede the following former provisions of section 63 of the regional act to the extent that said provisions were repealed by chapter 711 of the 1969 Laws of Maryland, but have remained in effect until suspended, superseded or amended by the district council: 63(c), 63(d)(2), 63(d)(3), 63(d)(5), 63(d)(6), and 63(d), 63(f) and 63(g). (Ord. No. 7-38, § 1.)

Sec. 33A-2. Definitions.

   In this Chapter, the following words have the meanings indicated:

   “Commission” means the Maryland-National Capital Park and Planning Commission.

   “District Council” means the County Council sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County.

   “Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director of the Department of Environmental Protection finds to be a significant contributor to global warming.

   “Plan”means the General Plan, an area master plan, a sector plan, the Master Plan of Highways, a functional plan, and any amendments to those plans, as described in the Regional District Act.

   “Planning Board” means the Montgomery County Planning Board.

   “Regional District Act” means Chapter 780 of the Laws of Maryland for 1959, as amended and codified in Division II of the Land Use Article of the Maryland Code. (Ord. No. 7-38, § 1; 2008 L.M.C., ch. 11, § 1; 2019 L.M.C., ch. 23, §1.)