Md. Code, Land Use, Title 5

in effect

Md. Code, Land Use § 5-101

(a) Except as provided in subsection (b) of this section, the territorial jurisdiction of a planning commission over a subdivision is limited to land located in the local jurisdiction. (b) In a local jurisdiction where a county has not adopted subdivision regulations, the territorial jurisdiction of a planning commission of a municipal corporation may include all land located up to 1 mile beyond the corporate limits of the municipal corporation that is not located in any other municipal corporation.

Md. Code, Land Use § 5-102

(a) Before exercising subdivision powers under §§ 5–202 and 5–203 of this title, the planning commission shall recommend subdivision regulations to the legislative body. (b) The subdivision regulations shall be for the health, safety, welfare, and common interest of the citizens of the local jurisdiction. (c) The subdivision regulations may include provisions for the purposes of: (1) adequately controlling shore erosion; (2) controlling sediment and ensuring protection from flooding; (3) arranging streets in relation to each other and to the comprehensive plan; (4) adequately and conveniently placing public school sites and open spaces for traffic, utilities, access of fire–fighting apparatus, recreation, and access to light and air; (5) properly managing growth and development; (6) setting minimum lot widths and areas; and (7) determining the extent to which the following actions shall be taken before the approval of a plat: (i) the grading and improvement of streets and other ways; (ii) the provision of soil erosion or sediment control; and (iii) the installation of water, sewer, other utility mains, piping, or other facilities. (d) (1) Subdivision regulations shall require that an appropriate easement be provided for any burial site located on the land. (2) The easement shall be subject to the subdivision plat for entry to and exit from the burial site by an individual related by blood or marriage or a person in interest, as defined in § 14–121 of the Real Property Article. (3) The existing right–of–way need not be extended for any improvements on the burial site.

Md. Code, Land Use § 5-103

(a) Before adoption of a subdivision regulation, the legislative body shall hold a public hearing on the subdivision regulation. (b) The legislative body shall publish a notice of the public hearing at least once in a weekly or daily newspaper that circulates in the local jurisdiction. (c) The notice shall contain: (1) the text of the subdivision regulation or, at the discretion of the legislative body, a brief and accurate summary of the nature and contents of the subdivision regulation sufficient to inform an individual of ordinary intelligence of the nature and contents of the subdivision regulation; and (2) the time and place of the public hearing. (d) When the legislative body adopts a subdivision regulation, the legislative body shall file a certified copy of the subdivision regulation with the clerk of the circuit court in which the local jurisdiction is located for recording.

Md. Code, Land Use § 5-104

(a) (1) In this section the following words have the meanings indicated. (2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots. (3) “Major subdivision” has the meaning stated in § 9–206 of the Environment Article. (4) “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article. (5) (i) “Planning board” means a planning board established under this article. (ii) “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article. (6) “Shared facility” has the meaning stated in § 9–206 of the Environment Article. (b) This section applies only to a residential major subdivision in a Tier III area served by: (1) on–site sewage disposal systems; (2) a shared facility; or (3) a community sewerage system. (c) If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area. (d) (1) Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing. (2) The planning board shall conduct the public hearing in accordance with its rules and procedures. (e) The review of a residential major subdivision by the planning board shall include: (1) the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and (2) the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision. (f) The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.

Md. Code, Land Use § 5-105

(a) After a planning commission begins to exercise control over subdivisions under this subtitle, the authority of the planning commission over plats shall be exclusive within the territory under its jurisdiction. (b) Unless otherwise provided in this division, all statutory control over plats or subdivisions granted by other statutes shall be considered transferred to the planning commission of the local jurisdiction.

Md. Code, Land Use § 5-201

(a) (1) (i) Subject to paragraph (2) of this subsection, if an applicant has complied with all subdivision regulations, a planning commission shall approve or disapprove a final plat within 30 days after the applicant submits the final plat to the planning commission. (ii) If the planning commission does not approve or disapprove the plat within 30 days, the plat shall be considered approved and the planning commission shall issue a certificate to that effect on demand. (2) Notwithstanding paragraph (1) of this subsection, if the planning commission does not approve or disapprove the plat within 30 days, an applicant for approval of a final plat may waive this requirement and consent to an extension of the period for approval. (3) If a final plat is disapproved, the planning commission shall state the grounds for the disapproval in the planning commission’s records. (b) (1) Each plat approved by the planning commission shall, through the approval, be considered: (i) an amendment or a detail of the comprehensive plan; and (ii) a part of the comprehensive plan. (2) Approval of a plat does not constitute or effect an acceptance by the public of any street or other open space shown on the plat. (3) A planning commission periodically may recommend to the legislative body amendments of the zoning law or map to conform to the planning commission’s recommendations for the zoning regulation of the territory within approved subdivisions. (c) (1) A planning commission may agree with an applicant on use, height, area, or bulk requirements or restrictions that are designed to promote the purposes of the zoning law of the local jurisdiction. (2) (i) The requirements or restrictions shall be stated on the plat before the plat is approved and recorded. (ii) The requirements or restrictions shall have the same force of law, shall be enforceable in the same manner and with the same sanctions and penalties, and shall be subject to the same power of amendment or repeal as though part of the zoning law or map of the local jurisdiction.

Md. Code, Land Use § 5-202

(a) This section applies only where a legislative body has: (1) adopted the transportation element of the comprehensive plan of all or part of the territory within its subdivision jurisdiction; and (2) filed a certified copy of the plan with the clerk of the circuit court of the county in which all or part of the territory is located. (b) A plat of a subdivision within the territory or part may not be filed or recorded until: (1) the planning commission approves the plat; and (2) the chair or secretary of the planning commission indicates an approval in writing on the plat.

Md. Code, Land Use § 5-203

(a) A planning commission may authorize an administrative officer to approve subdivision plats and site plans under § 5–202 of this subtitle in accordance with nondiscretionary criteria adopted and specified by local law. (b) The administrative officer shall approve a plat by indicating an approval in writing on the plat.

Md. Code, Land Use § 5-204

(a) A planning commission may provide in the subdivision regulations or practice for tentative approval of a plat before completion of improvements or installation of utilities. (b) Tentative approval of a plat shall be revocable and may not be indicated on the plat. (c) (1) Instead of requiring the completion of improvements and installation of utilities before the final approval of a plat, a planning commission may accept security approved by the local jurisdiction to secure the construction of improvements and installation of utilities. (2) Forms of security accepted by a planning commission under paragraph (1) of this subsection: (i) shall specify the time for completion and specifications set by or in accordance with the subdivision regulations of the planning commission; (ii) may include a bond with surety, an irrevocable letter of credit, or any other form of security approved by the local jurisdiction; and (iii) may be enforced by any appropriate legal or equitable remedy.

Md. Code, Land Use § 5-301

(a) (1) Except as otherwise provided in §§ 9–603, 9–806, 9–1004, 9–1605, and 9–1606 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, or agree to sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been: (i) approved by the planning commission; and (ii) recorded or filed in the office of the appropriate county clerk. (2) A person who violates this subsection is subject to a civil penalty of not less than $200 and not exceeding $1,000 for each violation. (3) Each lot or parcel transferred or sold or agreed to be sold in violation of this subsection is a separate violation. (b) The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring does not exempt the transaction from the penalties or remedies provided in this section. (c) A local jurisdiction may seek to: (1) enjoin the transfer, sale, or agreement in any circuit court; or (2) recover the penalty by civil action in a court of competent jurisdiction.

Md. Code, Land Use § 5-302

(a) A clerk of the circuit court for the county in which the local jurisdiction is located may not record a subdivision plat unless the plat has been approved by the planning commission for the local jurisdiction in the manner required by law. (b) A subdivision plat that is recorded without the required approval is limited to the legal effect of an unrecorded plat.

Md. Code, Land Use § 5-401

(a) A legislative body may authorize judicial review by the circuit court of any matter arising under this title. (b) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules. (c) A judgment of the circuit court under this section may be appealed to the Appellate Court of Maryland.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026