HARRY HUGHES, Governor

3761

8-1810.

(A)  IF A LOCAL JURISDICTION FAILS TO NOTIFY THE COMMISSION
THAT IT WILL DEVELOP A PROGRAM, FAILS TO SUBMIT A PROPOSED
PROGRAM OR CHANGED PROPOSAL ON TIME, OR FAILS TO OBTAIN
COMMISSION APPROVAL OF A PROPOSED PROGRAM OR CHANGED PROPOSAL
THAT IS SUBMITTED, THE COMMISSION SHALL PREPARE AND ADOPT A
PROGRAM THAT SATISFIES THE CRITERIA ADOPTED UNDER § 8-1808 OF
THIS SUBTITLE FOR THE PART OF THE CHESAPEAKE BAY CRITICAL AREA IN
THAT LOCAL JURISDICTION.

(B)  THE COMMISSION MAY EXERCISE ANY AUTHORITY OF A LOCAL

JURISDICTION OR OF THE MARYLAND NATIONAL CAPITAL PARK AND

PLANNING COMMISSION TO ESTABLISH A PROGRAM FOR THAT PART OF THE

CHESAPEAKE BAY CRITICAL AREA LOCATED IN WHERE A LOCAL

JURISDICTION THAT FAILS TO ADOPT OR OBTAIN COMMISSION APPROVAL OF
A PROGRAM . , THE COMMISSION SHALL EXERCISE THIS AUTHORITY
PROMULGATE A PROGRAM FOR THAT JURISDICTION BY ADOPTING RULES OR
REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT
AND THE STATE DOCUMENTS LAW TITLE 2, SUBTITLE 5 (JOINT COMMITTEE
ON ADMINISTRATIVE, EXECUTIVE, AND LEGISLATIVE REVIEW) AND TITLE
10, SUBTITLE 1 (ADMINISTRATIVE PROCEDURE ACT) OF THE STATE
GOVERNMENT ARTICLE. BEFORE THE FULL COMMISSION PROMULGATES A
PROGRAM UNDER THIS SUBSECTION, IT SHALL APPOINT A PANEL OF 3 OF
ITS MEMBERS TO CONDUCT IN THE AFFECTED JURISDICTION AT LEAST 2
PUBLIC HEARINGS AT LEAST 10 DAYS APART ON THE PROPOSED PROGRAM,
FOR WHICH 2 WEEKS TWO WEEKS NOTICE SHALL BE PUBLISHED IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE LOCAL JURISDICTION. A
PROGRAM PROMULGATED BY THE COMMISSION UNDER THIS SUBSECTION SHALL
SUPERSEDE ANY INCONSISTENT LOCAL LAWS, ORDINANCES, OR PLANS.

(C)  IF THE COMMISSION ADOPTS A PROGRAM FOR A LOCAL
JURISDICTION, THE PROGRAM SHALL BE IMPLEMENTED AND ENFORCED BY
LOCAL AUTHORITIES IN THE SAME MANNER AS IF THE PROGRAM HAD BEEN
ADOPTED BY THE LOCAL JURISDICTION ITSELF.

(D)  IF, AT ANY TIME AFTER THE COMMISSION HAS ADOPTED A
PROGRAM FOR A LOCAL JURISDICTION, THE LOCAL JURISDICTION SUBMITS
AN ALTERNATIVE PROGRAM OF ITS OWN THAT SATISFIES THE CRITERIA
ADOPTED UNDER § 8-1808 OF THIS SUBTITLE AND IS APPROVED BY THE
COMMISSION, THE ALTERNATIVE PROGRAM SUPERSEDES THE PROGRAM
ADOPTED BY THE COMMISSION.

8-1811.

A LOCAL JURISDICTION THAT HAS SUBMITTED A PROGRAM THAT HAS

BEEN APPROVED BY THE COMMISSION HAS PRIORITY AMONG LOCAL

JURISDICTIONS WHENEVER THE SECRETARY APPROVES FUNDS FOR PROJECTS
UNDER ANY OF THE FOLLOWING PROGRAMS.

(1) THE STATE SHARE OF PROGRAM OPEN SPACE UNDER TITLE
5, SUBTITLE 9 OF THE NATURAL RESOURCES ARTICLE;

(2) THE WATERWAY IMPROVEMENT PROGRAM UNDER TITLE 8,
SUBTITLE 7 OF THE NATURAL RESOURCES ARTICLE;