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Ch. 542
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1712
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LAWS OF MARYLAND
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Department. No substantive change is intended by this
substitution.
As to the derivation of subsections (a) and (b) of
this section from former HE § 9-506(8) and the first
and second clauses of (9), see the revisor's note to §
9-506 of this subtitle.
In subsection (b) of this section, the former
references to "comments" from the Department of State
Planning and "comment" from the Department of
Agriculture are revised to require those departments
to advise the Department of Health and Mental Hygiene
as to the matters specified. This substitution
parallels the language of former HE § 9-506(8)(i) --
now subsection (b)(1) of this section -- and clarifies
the apparent legislative intent that each of the
departments to which the Department of Health and
Mental Hygiene is required by this section to refer a
proposal for advice has the duty to respond with that
advice.
As to subsection (b)(2) of this section, former HE §
9-506(8)(ii) stated that the Department of State
Planning is to make "comments including those
concerning consistency with the local master plan".
Therefore, the revision of that language in subsection
(b)(2) of this section is intended to clarify that the
advice of that department must address consistency
with the local master plan, but also may address other
appropriate matters.
In subsection (c)(2) of this section, the former
language "or because of extenuating circumstances" is
deleted as unnecessary since "extenuating
circumstances" also would be "good cause".
Subsection (e) of this section is derived from a
combined reading of the last sentence of former HE §
9-511(a) and from the first clause of the first
sentence of (b). Even though a proposed county plan
is not final until the Department approves it,
subsection (e)(1) of this section allows a county to
use its proposed county plan at the county's own risk
under certain conditions. Subsection (e)(2) of this
section clarifies that, in the interim period between
adoption by the county governing body and approval by
the Department, the proposed county plan is
presumptively valid. No substantive change is
intended by these revisions.
9-508. SAME -- NOTICE OF DEPARTMENTAL DISAPPROVAL;
RECONSIDERATION OF DISAPPROVAL.
(A) NOTICE OF DEPARTMENTAL DISAPPROVAL.
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