Marvin Mandel, Governor                            369

planning and zoning within an area annexed five years after the

area is finally annexed by it over which the Maryland National
Capital Park and Planning Commission had jurisdiction prior to
the annexation NO MUNICIPAL CORPORATION ANNEXING
LAND MAY, FOR A PERIOD OF FIVE YEARS FOLLOWING
ANNEXATION, PLACE SUCH LAND IN A ZONING CLASSI-
FICATION WHICH PERMITS A LAND USE SUBSTAN-
TIALLY DIFFERENT FROM THE USE FOR SUCH LAND
SPECIFIED IN THE CURRENT AND DULY ADOPTED
MASTER PLAN OR PLAN OF THE COUNTY OR AGENCY
HAVING PLANNING AND ZONING JURISDICTION OVER
SUCH LAND PRIOR TO ITS ANNEXATION.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 9(c) of Article 23A of the Annotated Code of Maryland
(1966 Replacement Volume), title "Corporations—Municipal," sub-
title "Home Rule," is hereby repealed and re-enacted, with amend-
ments, to read as follows:

9.

(c) No municipal corporation which is subject to the provisions
of said Article HE shall so amend its charter or exercise its powers
of annexation, incorporation or repeal of charter as to affect or
impair in any respect the powers relating to sanitation, including
sewer, water and similar facilities, and zoning, of the Washington
Suburban Sanitary Commission or of the Maryland-National Capital
Park and Planning Commission. Except that [where] five years after
any area is finally annexed to a municipality authorized to have and
having then a planning and zoning authority, the said municipality

shall then assume [have] exclusive jurisdiction over planning and

zoning within the area annexed; provided that nothing in this excep-
tion shall be construed or interpreted to grant planning and zoning
authority to a municipality not authorized to exercise such authority
at the time of such annexation EXCEPT THAT WHERE ANY
AREA IS ANNEXED TO A MUNICIPALITY AUTHORIZED TO
HAVE AND HAVING THEN A PLANNING AND ZONING
AUTHORITY, THE SAID MUNICIPALITY SHALL HAVE EX-
CLUSIVE JURISDICTION OVER PLANNING AND ZONING
WITHIN THE AREA ANNEXED; PROVIDED NOTHING IN
THIS EXCEPTION SHALL BE CONSTRUED OR INTERPRETED
TO GRANT PLANNING AND ZONING AUTHORITY TO A
MUNICIPALITY NOT AUTHORIZED TO EXERCISE SUCH
AUTHORITY AT THE TIME OF SUCH ANNEXATION; AND
FURTHER PROVIDED, THAT NO MUNICIPALITY ANNEX-
ING LAND MAY FOR A PERIOD OF FIVE YEARS FOLLOW-
ING ANNEXATION, PLACE SUCH LAND IN A ZONING
CLASSIFICATION WHICH PERMITS A LAND USE SUBSTAN-
TIALLY DIFFERENT FROM THE USE FOR SUCH LAND
SPECIFIED IN THE CURRENT AND DULY ADOPTED MAS-
TER PLAN OR PLAN OF THE COUNTY OR AGENCY HAVING
PLANNING AND ZONING JURISDICTION OVER SUCH LAND
PRIOR TO ITS ANNEXATION.

SEC. 2. And be it further enacted, That this Act shall take effect

July 1, 1971. AND BE IT FURTHER ENACTED, THAT THIS
ACT IS HEREBY DECLARED TO BE AN EMERGENCY MEAS-