Md. Code, Local Government, Title 10

Md. Code, Local Government, Title 10
in effect

Md. Code, Local Government § 10-102

(a) In addition to other powers granted to charter counties, each charter county may exercise by legislative enactment the express powers provided in Subtitles 2 and 3 of this title. (b) In addition to other powers granted to code counties, each code county may exercise by legislative enactment the express powers provided in Subtitle 3 of this title.

Md. Code, Local Government § 10-103

The express powers contained in this title are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.

Md. Code, Local Government § 10-202

(a) A county may enact local laws and may repeal or amend any local law enacted by the General Assembly on any matter covered by the express powers in this title. (b) A county may provide for the enforcement of an ordinance, a resolution, a bylaw, or a regulation adopted under this title: (1) by civil fines not exceeding $5,000; or (2) by criminal fines and penalties not exceeding $5,000 and imprisonment not exceeding 6 months. (c) A county may provide for the enforcement of local fair housing laws by fines or penalties that do not exceed the fines or penalties provided in the federal Fair Housing Act Amendments of 1988 for enforcement of similar federal fair housing laws. (d) A county may provide for the enforcement of local employment discrimination laws or public accommodations discrimination laws by civil fines not exceeding $5,000 for any offense.

Md. Code, Local Government § 10-203

(a) (1) Subject to any limit imposed by a county charter and this subsection, a county may provide for the borrowing of money on the faith and credit of the county and for the issuance of bonds or other evidences of indebtedness in accordance with local law. (2) (i) Except as provided in subparagraph (ii) of this paragraph, the aggregate amount of bonds and other evidences of indebtedness outstanding at any one time may not exceed the sum of 6% of the assessable basis of all real property in the county plus 15% of the county’s assessable basis of personal property and operating real property as described in § 8–109(c) of the Tax – Property Article. (ii) The following evidences of indebtedness may not be considered as bonds or evidences of indebtedness in applying the limits in this subsection: 1. tax anticipation notes or other evidences of indebtedness having a maturity not in excess of 12 months; 2. bonds or other evidences of indebtedness issued or guaranteed by the county payable primarily or exclusively from taxes levied in or on, or other revenues of, special taxing districts; and 3. bonds or other evidences of indebtedness issued for self–liquidating and other projects payable primarily or exclusively from the proceeds of assessments or charges for special benefits or services. (3) (i) If a petition for submission to referendum is filed in accordance with the county charter and local laws of a county, a local law authorizing the borrowing of money or issuance of bonds or other evidences of indebtedness shall be submitted to the voters of the county for approval or rejection. (ii) If the county charter does not contain a provision for submission to referendum, a local law that authorizes the borrowing of money or issuance of bonds or other evidences of indebtedness shall be submitted to the voters of the county for approval or rejection if a petition for submission to referendum that bears the signatures of at least 10% of the registered voters of the county is filed with the county board of elections within 75 days after the local law is enacted. (b) (1) A county may provide for the issuance of bonds or other evidences of indebtedness payable as to principal and interest and premium, if any, solely from the money received from or in connection with any system, project, or undertaking, all or part of which is financed from the proceeds of the bonds or other evidences of indebtedness. (2) Bonds or other evidences of indebtedness issued under this subsection: (i) are not an indebtedness of the county or a pledge of its faith and credit or taxing power; (ii) may be sold at a private, negotiated sale; and (iii) are not subject to the limitations of: 1. subsection (a) of this section; 2. §§ 19–205 and 19–206 of this article; or 3. the county charter. (3) This subsection does not limit the power of a county to issue revenue bonds in accordance with any other applicable law. (c) The bonds, notes, and any other evidences of indebtedness issued under this section, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt from taxation of any kind by the State, any political subdivision, or any other public entity.

Md. Code, Local Government § 10-204

A county may pass any ordinance that facilitates the amendment of the county charter by referendum of the voters of the county in accordance with Article XI–A, § 5 of the Maryland Constitution.

Md. Code, Local Government § 10-205

A county may provide for the conduct of a special election to fill a vacancy in the county council or in the office of chief executive officer or county executive.

Md. Code, Local Government § 10-206

(a) A county council may pass any ordinance, resolution, or bylaw not inconsistent with State law that: (1) may aid in executing and enforcing any power in this title; or (2) may aid in maintaining the peace, good government, health, and welfare of the county. (b) A county may exercise the powers provided under this title only to the extent that the powers are not preempted by or in conflict with public general law. (c) A county may not pass any law under this title regarding the licensing, regulating, prohibiting, or submitting to referendum the manufacture or sale of alcoholic beverages.

Md. Code, Local Government § 10-302

(a) By ordinance, a county may establish a commission to recommend compensation and allowances for members of the county legislative body. (b) (1) Within 15 days after the beginning of the fourth year of the term, a commission established under this section, by resolution, shall submit to the county legislative body its recommendation for the compensation and allowances for members of the county legislative body. (2) Subject to subsection (e) of this section, the commission may recommend an increase or decrease in the compensation and allowances for members of the county legislative body. (c) On receiving the resolution, the county legislative body may reduce or reject the commission’s recommendation, but may not increase any item. (d) Any change in the compensation and allowances of members of the county legislative body shall be enacted by ordinance before the election for the members of the next succeeding county legislative body and take effect only for the members of the next succeeding county legislative body. (e) The compensation or allowances for members of the county legislative body of a charter county may not be less than provided in the county charter.

Md. Code, Local Government § 10-303

(a) If a county executive is authorized, the county may set the qualifications, term of office, and compensation for the county executive. (b) A county may provide for the appointment and removal of all county officers except those whose appointment or election is provided for by the Maryland Constitution or public general law. (c) A county legislative body may enact local laws to: (1) prevent conflicts between the private interests and public duties of county officers and members of the county legislative body; (2) govern the conduct and actions of all county officers and members of the county legislative body in the performance of their public duties; and (3) provide for penalties, including removal from office, for a violation of the local laws or any regulations adopted under the local laws. (d) A county may provide for a merit system governing the appointment of county officials and employees not elected or appointed under the Maryland Constitution or public general law.

Md. Code, Local Government § 10-304

(a) A county may establish, maintain, and control hospitals, homeless shelters, and other similar institutions in the county. (b) A county may establish and maintain courthouses. (c) A county may: (1) establish and maintain local correctional or detention facilities and juvenile facilities; (2) regulate all individuals confined in the facilities; and (3) make appropriate provisions for females and juveniles.

Md. Code, Local Government § 10-305

(a) A county may enact local laws to provide for: (1) the establishment of a county board of appeals, whose members shall be appointed by the county legislative body; (2) the number, qualifications, terms, and compensation of the members of the county board of appeals; (3) the adoption by the county board of appeals of rules of practice that govern its proceedings; and (4) a decision by the county board of appeals on petition of any interested person, after notice and opportunity for hearing, on the basis of a record before the board. (b) The county board of appeals may have original jurisdiction or jurisdiction to review the action of an administrative officer or unit of county government over matters arising under any law, ordinance, or regulation of the county council that concerns: (1) an application for a zoning variation or exception or amendment of a zoning map; (2) the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order; (3) the assessment of any special benefit tax; or (4) the adjudication of a violation of an ordinance delegated in accordance with § 4–406(b) of the Courts Article. (c) When issuing a decision, the county board of appeals shall file an opinion that shall include a statement of the facts found and the grounds for the decision. (d) (1) Any person aggrieved by the decision and a party to the proceeding before the county board of appeals may seek review by the circuit court for the county. (2) The circuit court may: (i) affirm the decision; or (ii) if the decision is not in accordance with law: 1. modify the decision with or without remanding the case for rehearing; or 2. reverse the decision with or without remanding the case for rehearing. (3) Any party to the proceeding in the circuit court aggrieved by the decision of the circuit court may appeal to the Appellate Court of Maryland in the same manner provided for civil cases.

Md. Code, Local Government § 10-307

Unless otherwise governed by other public general law, a county may provide for the recording and indexing of records of: (1) the clerk of the court; (2) the register of wills; and (3) the county commissioners or the county council.

Md. Code, Local Government § 10-308

A county may provide for advertising, printing, and publishing of county documents, including: (1) ordinances, bylaws, and resolutions; and (2) annual statements of expenses of the county government.

Md. Code, Local Government § 10-309

(a) A county may provide for: (1) the auditing of county accounts; and (2) assisting the Legislative Auditor or other State officer authorized to audit the county accounts. (b) A county may provide for proof of claims against the county before their payment.

Md. Code, Local Government § 10-310

(a) For any county work, a county may provide for competitive bidding and the making and awarding of contracts and may require bonds. (b) A county may provide for the purchase of materials, supplies, and equipment through the Department of General Services.

Md. Code, Local Government § 10-312

(a) A county may provide for the protection of county property. (b) A county may provide for: (1) the acquisition by purchase, lease, condemnation, or otherwise of property required for public purposes in the county; and (2) the disposal of any real or leasehold county property, if the county property is no longer needed for public use. (c) A county may lease as lessor any county property to further the public purposes of the county, on any terms and compensation that the county considers proper. (d) A county may provide for the financing of any housing or housing project wholly or partly, including the placement of a deed of trust, mortgage, or other debt instrument on the property to ensure repayment of funds used to purchase, construct, rehabilitate, or otherwise develop the housing project. (e) (1) A county may grant any franchise or right to use a franchise, including any right or franchise in relation to any highway, street, road, lane, alley, or bridge. (2) A county may grant a franchise for a cable television system as provided in § 1–708 of this article. (3) For any franchise granted under this subsection, a county may: (i) impose franchise fees; and (ii) establish rates, rules, and regulations. (f) (1) Except as provided in paragraph (2) of this subsection, before the county makes any disposition, grant, or lease of county property, the county shall publish notice of the disposition, grant, or lease once a week for 3 successive weeks in at least one newspaper of general circulation in the county and shall include the terms and the compensation to be received and give opportunity for objections. (2) A county may grant an easement for a public utility without giving notice under this subsection.

Md. Code, Local Government § 10-313

(a) (1) A county may direct the class or subclass of property that is subject to the county property tax. (2) A county may impose a tax on the value of property of any sum that may be necessary: (i) to pay the principal and interest of any loan obtained by the county according to law; (ii) to provide for the sinking fund authorized under paragraph (3) of this subsection; and (iii) for the support and maintenance of the county government. (3) A county may create a sinking fund to meet the liabilities incurred by the county. (b) A county may provide for: (1) the prompt collection of all taxes due the county; and (2) the sale of property for the payment of unpaid taxes. (c) A county may: (1) correct errors in the assessment of property; (2) provide for the reduction or abatement of assessments improperly made; and (3) provide for the reimbursement of overpayments made because of an assessment error. (d) (1) A county may impose a tax for the organization, operation, and maintenance of: (i) libraries; (ii) fire and ambulance services; and (iii) other municipal services. (2) A county may authorize the purchase, sale, construction, maintenance, and operation of all property necessary or incidental to the services listed in paragraph (1) of this subsection. (e) A county may impose a tax to pay for additional retirement or disability benefits to any former county employee who is entitled to receive additional benefits.

Md. Code, Local Government § 10-314

(a) Except as provided in subsection (b) of this section, a county may establish, modify, or abolish special taxing districts for any purpose listed in this title. (b) This section does not authorize the modification or abolition of an existing special taxing district that: (1) performs municipal services, other than furnishing fire protection or library service; and (2) is governed or administered by a committee or a commission elected or appointed independently of the county legislative body.

Md. Code, Local Government § 10-315

(a) In this section, “authority” means a commercial district management authority. (b) A county may establish an authority for any commercial district in the county. (c) For each authority established, a county: (1) shall specify the membership, organization, jurisdiction, and geographical limits of the authority; (2) shall specify the purposes of the authority, including: (i) promotion; (ii) marketing; or (iii) the provision of security, maintenance, or amenities in the district; (3) may specify which provisions of the county charter or local law relating to personnel, procurement, or similar operational matters apply to the authority, except that minority business enterprise procurement and equal employment opportunity laws may not be waived; (4) may approve the annual budget of the authority if the county governing body imposes an ad valorem tax to support the authority; and (5) may provide any financing that it considers appropriate for the authority through fees that may be charged to, or taxes that may be imposed against, businesses subject to the authority’s jurisdiction. (d) An authority may not: (1) exercise the power of eminent domain; (2) purchase, sell, construct, or lease as a lessor office or retail space; or (3) except as otherwise authorized by law, engage in competition with the private sector. (e) Any fee or tax imposed under this section shall be used only for the purposes stated in this section and may not revert to the general fund of the county. (f) A county may establish an authority in accordance with this section as a special taxing district.

Md. Code, Local Government § 10-316

Section 18–301 of this article applies to the use of federal or State financial assistance for commercial or industrial redevelopment projects.

Md. Code, Local Government § 10-317

(a) After reasonable notice and a public hearing, a county may enact local laws to protect and promote public safety, health, morals, comfort, and welfare, relating to: (1) the location, construction, repair, and use of streets and highways; (2) the disposal of wastes; (3) the control of soil erosion and the preservation of the natural topography; or (4) the erection, construction, repair, and use of buildings and other structures. (b) A county may enact local laws to provide for appropriate administrative and judicial proceedings, remedies, and sanctions to administer and enforce local laws enacted under subsection (a) of this section.

Md. Code, Local Government § 10-318

A county may: (1) regulate the construction and maintenance of fences; (2) provide for a procedure to enforce the rights of parties with reference to a fence; and (3) provide for a lien for repairs to a fence made by an owner who is not in default.

Md. Code, Local Government § 10-319

(a) A county may provide for: (1) building, maintaining, and repairing any street, road, lane, alley, footway, bridge, culvert, highway, or public place that is condemned, ceded, opened, widened, extended, or straightened as public property; and (2) the assessment of the costs of any work done in accordance with item (1) of this subsection on the assessable basis of the county. (b) A county may provide: (1) that the owner or possessor of any lot shall grade, regrade, pave, repave, or repair the footways in front of the lot; and (2) for the enforcement of item (1) of this subsection by fine or penalty. (c) A county may regulate the opening of street surfaces.

Md. Code, Local Government § 10-320

(a) A county may provide for the draining of swamps and lowlands. (b) (1) At the request of the board of managers of a drainage association, the county legislative body shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the drainage improvement project has changed. (2) The board of viewers shall have the same qualifications, rights, powers, privileges, and duties as the original board of viewers. (3) The board of viewers shall report its findings to the county legislative body. (4) The report shall be considered in the same manner as the original report, including the same right to a public hearing and the right to judicial review. (5) Any revision in the original determination as to which lands benefit from the improvements shall become the basis for all future assessments for paying for the improvements, including related expenses such as damages and the maintenance of the improvements.

Md. Code, Local Government § 10-321

A county may enact local laws that provide for: (1) the creation of a storm drainage district; (2) the imposition of taxes in the storm drainage district; (3) the financing, construction, and maintenance of storm drainage projects; and (4) the regulation of storm drainage facilities.

Md. Code, Local Government § 10-323

(a) A county may enact local laws providing for the development and administration of a recreational program including: (1) the construction, equipment, and use of parks, community centers, and recreational buildings and facilities; (2) the acquisition of sites for parks, community centers, and recreational buildings and facilities; (3) financial support for artistic, musical, and cultural public and private nonprofit organizations and activities; and (4) the furnishing of recreational and other municipal services in connection with parks, community centers, and recreational buildings and facilities. (b) A county may exercise the authority granted under Title 1, Subtitle 6 of this article.

Md. Code, Local Government § 10-324

(a) (1) A county may enact local laws relating to zoning and planning to protect and promote public safety, health, morals, and welfare, including: (i) except as provided in § 10–305 of this subtitle, providing for the right to seek review in the circuit court of any matter arising under any local planning or zoning law; and (ii) establishing a program for the transfer of development rights. (2) A county may provide that a violation of a zoning law or regulation enacted under this section is a civil zoning violation, enforceable as provided under Title 11, Subtitle 2 of the Land Use Article. (3) Any decision of the circuit court under paragraph (1)(i) of this subsection may be appealed to the Appellate Court of Maryland. (b) (1) It is the policy of the State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls. (2) It is the policy of the State that planning and zoning controls shall be implemented by local government. (3) To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property. (4) It is the policy of the State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as provided by public local law and public general law. (c) Subsection (b) of this section does not: (1) grant to the county powers in any substantive area not otherwise granted to the county by other public general law or public local law; (2) restrict the county from exercising any power granted to the county by other public general law, public local law, or otherwise; (3) authorize the county or its officers to engage in any activity that is beyond their power under other public general law, public local law, or otherwise; or (4) preempt or supersede the regulatory authority of any unit of State government under any public general law.

Md. Code, Local Government § 10-325

(a) (1) A county may enact laws for historic and landmark zoning and preservation: (i) generally; (ii) in accordance with Title 8 of the Land Use Article; or (iii) to be administered generally by a Historic District Commission. (2) A law enacted under paragraph (1) of this subsection may provide for appeals or judicial review. (b) The authority conferred under this section is in addition to any charter provision or local law that provides for planning and zoning.

Md. Code, Local Government § 10-326

A county may enact local laws that require a developer of land for residential use to comply with pertinent underground electric and telephone residential service regulations adopted by the Public Service Commission, including those pertaining to deposits.

Md. Code, Local Government § 10-327

A county may establish a county board of health to act instead of the county legislative body as the county board of health under Title 3, Subtitle 2 of the Health – General Article.

Md. Code, Local Government § 10-328

(a) A county may provide for the prevention, abatement, and removal of nuisances. (b) A county may provide for the prevention of contagious diseases in the county. (c) A county may regulate any place where offensive trades are conducted or that may involve or give rise to unsanitary conditions or conditions detrimental to health. (d) This title does not affect: (1) any power or duty of the Secretary of Health or the Secretary of the Environment; or (2) any public general law relating to health.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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