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Session Laws, 2006
Volume 750, Page 3782   View pdf image
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H.B. 1126
VETOES
then that portion of the allocated expansion which cannot be so located may be
located in the resource conservation area in addition to the expansion allocated in
[paragraph (3) of this subsection] ITEM (VI) (V) OF THIS PARAGRAPH. A developer
shall be required to cluster any development in an area of expansion authorized
under this paragraph. (2) THE COMMISSION SHALL ENSURE THAT THE GUIDELINES IN
PARAGRAPH (1) OF THIS SUBSECTION HAVE BEEN APPLIED IN A MANNER THAT IS
CONSISTENT WITH THE PURPOSES, POLICIES, GOALS, AND PROVISIONS OF THIS
SUBTITLE, AND ALL CRITERIA OF THE COMMISSION. 8-1809. (o) (1) For proposed program amendments, a Commission panel shall hold a
public hearing in the local jurisdiction, and the Commission shall act on the proposed
program amendment within 90 days of the Commission's acceptance of the proposal.
If action by the Commission is not taken within 90 days, the proposed program
amendment is deemed approved. (2)     THE COMMISSION SHALL DETERMINE IF THE PROPOSED
AMENDMENT IS CONSISTENT WITH THE COMMISSION'S PURPOSE PURPOSES,
POLICIES, GOALS, ALL CRITERIA, AND AND THE PROVISIONS OF THIS SUBTITLE, AND
ALL CRITERIA OF THE COMMISSION. (3)      IN ACCORDANCE WITH THE COMMISSION'S DETERMINATION IN
PARAGRAPH (2) OF THIS SUBSECTION, THE COMMISSION SHALL: (I)      APPROVE THE PROPOSED PROGRAM AMENDMENT AND NOTIFY
THE LOCAL JURISDICTION; (II)     DENY THE PROPOSED PROGRAM AMENDMENT; (III) APPROVE THE PROPOSED PROGRAM AMENDMENT SUBJECT TO
ONE OR MORE CONDITIONS; OR (IV) RETURN THE PROPOSED PROGRAM AMENDMENT TO THE
LOCAL JURISDICTION WITH A LIST OF THE CHANGES TO BE MADE. (4)      IF THE COMMISSION APPROVES A PROPOSED PROGRAM
AMENDMENT SUBJECT TO ONE OR MORE CONDITIONS UNDER ITEM (3)(III) OF THIS
SUBSECTION, THE LOCAL JURISDICTION SHALL NOTIFY THE COMMISSION WITHIN 30
60 DAYS OF ITS INTENT TO COMPLY WITH ADOPT THE CONDITIONS. [(2)] (5) The local jurisdiction shall incorporate the approved program
amendment AND ANY REQUIRED CONDITIONS into the adopted program within 120
days of receiving notice from the Commission that the program amendment has been
approved. (p) (1) Proposed program refinements shall be determined as provided in
this subsection. (2) (i) Within 30 days of the Commission's acceptance of a proposal to
change an adopted program, the chairman, on behalf of the Commission, may - 3782 -


 
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Session Laws, 2006
Volume 750, Page 3782   View pdf image
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