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1711
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HARRY HUGHES, Governor
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(1) TO THE DEPARTMENT OF NATURAL RESOURCES FOR ADVICE
ON NATURAL RESOURCES MATTERS;
(2) TO THE DEPARTMENT OF STATE PLANNING FOR ADVICE ON
THE CONSISTENCY OF THE PROPOSAL WITH THE LOCAL MASTER PLAN AND
OTHER APPROPRIATE MATTERS; AND
(3) TO THE DEPARTMENT OF AGRICULTURE FOR ADVICE ON
THE IMPACT OF WATER AND SEWERAGE SERVICE AND SOLID WASTE
FACILITIES ON PRODUCTIVE OR POTENTIALLY PRODUCTIVE AGRICULTURAL
LAND.
(C) REVIEW PERIOD.
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,
THE DEPARTMENT SHALL APPROVE, DISAPPROVE, OR PARTIALLY APPROVE
AND PARTIALLY DISAPPROVE EACH PROPOSED COUNTY PLAN OR PROPOSED
REVISION OR AMENDMENT TO A COUNTY PLAN WITHIN 90 DAYS AFTER THE
PROPOSAL IS SUBMITTED TO THE DEPARTMENT.
(2) FOR GOOD CAUSE AND AFTER NOTICE TO THE COUNTY
INVOLVED, THE DEPARTMENT MAY EXTEND THE 90-DAY REVIEW PERIOD OF
PARAGRAPH (1) OF THIS SUBSECTION FOR AN ADDITIONAL 90 DAYS.
(D) FAILURE OF DEPARTMENT TO ACT WITHIN REVIEW PERIOD.
IF THE DEPARTMENT DOES NOT DISAPPROVE, IN WHOLE OR IN PART,
A PROPOSED COUNTY PLAN OR A PROPOSED REVISION OR AMENDMENT OF A
COUNTY PLAN WITHIN THE REVIEW PERIOD PROVIDED IN SUBSECTION (C)
OF THIS SECTION, THE PROPOSAL IS APPROVED.
(E) EFFECT OF COUNTY PLANS AFTER ADOPTION BY COUNTY
GOVERNING BODY.
(1) BEFORE THE DEPARTMENT TAKES ANY ACTION UNDER
SUBSECTION (A) OF THIS SECTION, A COUNTY MAY USE ITS PROPOSED
COUNTY PLAN OR PROPOSED REVISION OR AMENDMENT OF ITS COUNTY PLAN
AT THE COUNTY'S OWN RISK, IF THE COUNTY GOVERNING BODY HAS
ADOPTED THE PROPOSED COUNTY PLAN, REVISION, OR AMENDMENT.
(2) AFTER THE COUNTY GOVERNING BODY ADOPTS THE
PROPOSED COUNTY PLAN, A PERSON SHALL FOLLOW THE PROVISIONS OF
THAT PLAN EXCEPT TO THE EXTENT THAT THE DEPARTMENT MODIFIES OR
DISAPPROVES THAT PLAN.
REVISOR'S NOTE: This section is new language derived
without substantive change from former HE § 9-506(8)
and the first and second clauses of (9) and § 9-511(a)
and the first clause of the first sentence of (b).
As to subsection (a) of this section, the term "county
governing body" is substituted for "approving
authority", since a county governing body must approve
the proposed county plan before it is submitted to the
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