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1257
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HARRY HUGHES, Governor
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In addition to, but not in substitution of, the powers which
have been, or may hereafter be, granted to it, such legislative
body also shall have the following express ordinance-making
powers:
(34) (I) IT HAS BEEN AND SHALL CONTINUE TO BE THE
POLICY OF THIS STATE THAT THE ORDERLY DEVELOPMENT AND USE OF LAND
AND STRUCTURES REQUIRES COMPREHENSIVE REGULATION THROUGH
IMPLEMENTATION OF PLANNING AND ZONING CONTROLS.
(II) IT HAS BEEN AND SHALL CONTINUE TO BE THE
POLICY OF THIS STATE THAT PLANNING AND ZONING CONTROLS SHALL BE
IMPLEMENTED BY LOCAL GOVERNMENT.
(III) TO ACHIEVE THE PUBLIC PURPOSES OF THIS
REGULATORY SCHEME, THE GENERAL ASSEMBLY RECOGNIZES THAT LOCAL
GOVERNMENT ACTION WILL LIMIT FREE BUSINESS ENTERPRISE AND
DISPLACE OR LIMIT ECONOMIC COMPETITION BY OWNERS AND USERS OF
PROPERTY.
(IV) IT IS THE POLICY OF THE GENERAL ASSEMBLY
AND OF THIS 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 SET
FORTH IN THIS ARTICLE AND ELSEWHERE IN THE PUBLIC LOCAL AND
PUBLIC GENERAL LAW.
(V) THE POWERS GRANTED TO THE MUNICIPALITY
PURSUANT TO THIS SUBSECTION SHALL NOT BE CONSTRUED:
1. TO GRANT TO THE MUNICIPALITY POWERS IN
ANY SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE MUNICIPALITY BY
OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW;
2. TO RESTRICT THE MUNICIPALITY FROM
EXERCISING ANY POWER GRANTED TO THE MUNICIPALITY BY OTHER PUBLIC
GENERAL OR PUBLIC LOCAL LAW OR OTHERWISE;
3. TO AUTHORIZE THE MUNICIPALITY OR ITS
OFFICERS TO ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER
UNDER OTHER PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR OTHERWISE;
OR
4. TO PREEMPT OR SUPERSEDE THE REGULATORY
AUTHORITY OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC
GENERAL LAW.
Article 25A - Chartered Counties of Maryland
5.
The following enumerated express powers are granted to and
conferred upon any county or counties which hereafter form a
charter under the provisions of Article 11A of the Constitution,
that is to say:
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