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Session Laws, 1990 Session
Volume 436, Page 2767   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 649

of this subtitle become effective, each local jurisdiction shall submit to the Commission
a written statement of its intent either:

(1) To develop a critical area protection program to control the use and
development of that part of the Chesapeake Bay Critical Area located within its
territorial limits; or

(2) Not to develop such a program.

(b) If a local jurisdiction states its intent not to develop a program or fails to
submit a timely statement of intent, the Commission shall prepare and adopt a program
for the part of the Chesapeake Bay Critical Area in that local jurisdiction.

(c) If a local jurisdiction states its intent to develop a program, it shall prepare
a proposed program and submit it to the Commission within 270 days after the effective
date of the criteria adopted under § 8-1808 of this subtitle. However, if the local
jurisdiction submits evidence satisfactory to the Commission that it is making
reasonable progress in the development of a program, the Commission may extend this
period for up to an additional 180 days. Before submission of a program to the
Commission within the time allowed by this subsection, a local jurisdiction shall hold at
least one public hearing on the proposed program, for which 2-weeks notice shall be
published in a newspaper of general circulation in the local jurisdiction.

(d) (1) Within 30 days after a program is submitted, the Commission shall
appoint a panel of 5 of its members to conduct, in the affected jurisdiction, a public
hearing on the proposed program.

(2) Within 90 days after the Commission receives a proposed program
from a local jurisdiction, it shall either approve the proposal or notify the local
jurisdiction of specific changes that must be made in order for the proposal to be
approved. If the Commission does [neither] NEITHER, the proposal shall be deemed
approved.

(3) A changed proposal shall be submitted to the Commission in the same
manner as the original proposal, within 40 days after the Commission's notice. Unless
the Commission approves a changed proposal or disapproves a changed proposal and
states in writing the reasons for its disapproval within 40 days, the changed proposal
shall be deemed approved.

(e) Within 90 days after the Commission approves a proposed program, the local
jurisdiction shall hold hearings and adopt the program in accordance with legislative
procedures for enacting ordinances. If the governing body of the local jurisdiction
wishes to change any part of the approved proposal before adoption, it shall submit the
proposed change to the Commission for approval. Unless the Commission approves the
change or disapproves the change and states in writing the reasons for its disapproval
within 30 days after it receives the change, the change shall be deemed approved. A
changed part may not be adopted until it is approved by the Commission.

(f) Within 760 days after criteria adopted by the Commission become effective,

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Session Laws, 1990 Session
Volume 436, Page 2767   View pdf image (33K)
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