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MARVIN MANDEL, Governor 1337
PROCEDURE ACT RELATING TO JUDICIAL CONSIDERATION OF THE
VALIDITY OR APPLICATION OF RULES OF ANY AGENCY. THE
BOARD SHALL BE A PARTY TO ANY PROCEEDING BROUGHT UNDER
THIS SUBSECTION.
(B) AS TO A DESIGNATED AREA. - AN AGGRIEVED
PERSON, A PROPERTY OWNER WITHIN THE PROPOSED DESIGNATED
AREA OR AN AFFECTED LOCAL GOVERNMENT MAY OBTAIN REVIEW OF
AN ACTION OF THE BOARD DESIGNATING AN AREA OF CRITICAL
STATE CONCERN OR ADOPTING GUIDELINES AND CRITERIA FOR THE
USE OF, DEVELOPMENT, OR CONSTRUCTION OF AN AREA OF
CRITICAL STATE CONCERN. PROCEEDINGS UNDER THIS
SUBSECTION SHALL BE GOVERNED BY THE PROVISIONS OF THE
ADMINISTRATIVE PROCEDURES ACT RELATING TO CONTESTED
CASES, EXCEPT THAT THE REVIEW SHALL BE LIMITED TO THE
RECORD HADE BEFORE THE BOARD AND ADDITIONAL EVIDENCE MAY
NOT BE TAKEN BY THE COURT. THE BOARD SHALL BE A PARTY TO
ANY PROCEEDING UNDER THIS SUBSECTION.
(C) APPEAL TO COURT OF SPECIAL APPEALS. - ANY
FINAL DECISION OR JUDGMENT IN ANY PROCEEDING UNDER EITHER
SUBSECTION (A) OR (B) MAY BE APPEALED TO THE COURT OF
SPECIAL APPEALS BY ANY PARTY THERETO INCLUDING THE BOARD.
22. AUTHORITY OF LOCAL GOVERNMENT IF REGULATIONS NOT
EFFECTIVE.
IF AN AREA OF CRITICAL STATE CONCERN HAS BEEN
DESIGNATED AND IF DEVELOPMENT REGULATIONS FOR THE AREA OF
CRITICAL STATE CONCERN HAVE NOT BECOME EFFECTIVE UNDER
SECTION 20, A LOCAL GOVERNMENT MAY GRANT PERMITS IN
ACCORDANCE WITH THE DEVELOPMENT REGULATIONS IN EFFECT
IMMEDIATELY PRIOR TO THE DESIGNATION OF THE AREA AS AN
AREA OF CRITICAL STATE CONCERN, OR MAY ENACT LAWS WHICH
TEMPORARILY RESTRICT OR SUSPEND LAND USE, CONSTRUCTION,
OR DEVELOPMENT IN WHOLE OR IN PART, WITHIN A DESIGNATED
AREA OF CRITICAL STATE CONCERN UNTIL DEVELOPMENT
REGULATIONS FOP SUCH AREA HAVE BECOME EFFECTIVE UNDER
SECTION 20.
23. NOTIFICATION TO BOARD OR LOCAL GOVERNMENT UPON
APPLICATION FOR PERMIT.
[[WHENEVER A PERSON APPLIES AS REQUIRED UNDER
APPLICABLE LAW TO ANY UNIT OF STATE OR LOCAL GOVERNMENT
FOR ANY ZONING, PERMIT, AUTHORITY, OR RIGHT TO USE,
DEVELOP OR CONSTRUCT ON ANY LAND SITUATED IN ANY
DESIGNATED AREA OF CRITICAL STATE CONCERN, THE APPLICANT
SHALL NOTIFY THE BOARD AS TO SUCH LOCAL GOVERNMENT
APPLICATION, AND THE LOCAL GOVERNMENT AS TO SUCH STATE
APPLICATION IN WRITING BY FORWARDING TO IT COPY OF THE
APPLICATION BEFORE OR WHEN IT IS FILED. THE BOARD OR
LOCAL GOVERNMENT MAY WAIVE IN WRITING ITS RIGHT TO
NOTIFICATION IN REGARD TO ALL OR CERTAIN TYPES OF
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