HARRY HUGHES, Governor

3763

STANDING AND THE RIGHT AND AUTHORITY TO INITIATE OR INTERVENE IN
ANY ADMINISTRATIVE, JUDICIAL, OR OTHER ORIGINAL PROCEEDING OR
APPEAL IN THIS STATE CONCERNING A PROJECT APPROVAL OR OTHERWISE

CONCERNING LAND USE, DEVELOPMENT, OR CONSTRUCTION IN THE

CHESAPEAKE BAY CRITICAL AREA. THE CHAIRMAN MAY EXERCISE THIS
INTERVENTION AUTHORITY WITHOUT FIRST OBTAINING APPROVAL FROM THE
COMMISSION, BUT THE CHAIRMAN SHALL SEND PROMPT WRITTEN NOTICE OF
ANY INTERVENTION OR INITIATION OF ACTION UNDER THIS SECTION TO
EACH MEMBER OF THE COMMISSION. THE CHAIRMAN SHALL WITHDRAW THE
INTERVENTION OR ACTION INITIATED IF WITHIN 35 DAYS AFTER THE DATE
OF THE CHAIRMAN'S NOTICE, AT LEAST 13 MEMBERS INDICATE
DISAPPROVAL OF THE ACTION, EITHER IN WRITING ADDRESSED TO THE
CHAIRMAN OR BY VOTE AT A MEETING OF THE COMMISSION. A MEMBER
REPRESENTING THE LOCAL JURISDICTION AFFECTED BY THE CHAIRMAN'S
INTERVENTION OR ACTION MAY REQUEST A MEETING OF THE COMMISSION TO
VOTE ON THE CHAIRMAN'S INTERVENTION OR ACTION.

(B)  EXCEPT AS STATED IN THIS SUBTITLE, THE EXECUTIVE
DIRECTOR CHAIRMAN IS SUBJECT TO GENERAL LAWS AND RULES OF
PROCEDURE THAT GOVERN THE TIME WITHIN AND MANNER IN WHICH, BUT
NOT THE EXTENT TO WHICH, THE AUTHORITY GRANTED IN SUBSECTION (A)
MAY BE EXERCISED.

(C)  THE EXECUTIVE DIRECTOR CHAIRMAN MAY APPEAL AN ACTION OR
DECISION EVEN IF THE EXECUTIVE DIRECTOR CHAIRMAN WAS NOT A PARTY
TO OR IS NOT SPECIFICALLY AGGRIEVED BY THE ACTION OR DECISION.

(D)(1) IF THE EXECUTIVE DIRECTOR BECOMES A PARTY TO AN
APPEAL ON THE RECORD AND WAS NOT A PARTY TO THE CASE WHEN THE
RECORD WAS MADE, THE EXECUTIVE DIRECTOR MAY PRODUCE NEW EVIDENCE
BEFORE THE APPELLATE BODY AS A MATTER OF RIGHT.

(2) ANY OTHER PARTY TO THE APPEAL MAY INTRODUCE
ADDITIONAL EVIDENCE ON ANY MATTER REASONABLY WITHIN THE SCOPE OF
THE EVIDENCE PRODUCED BY THE EXECUTIVE DIRECTOR.

(3) THE APPELLATE BODY SHALL REVERSE OR MODIFY A
PROJECT APPROVAL ON AN APPEAL TO WHICH THE EXECUTIVE DIRECTOR IS
A PARTY IF THE APPELLATE BODY FINDS, BY A PREPONDERANCE OF ALL
THE EVIDENCE, INCLUDING ANY NEW EVIDENCE, THAT THE PROJECT
APPROVAL IS INCONSISTENT WITH OR VIOLATES AN APPROVED PROGRAM.

8-1814. 8-1813.

A) THE PROGRAM OF EACH LOCAL JURISDICTION SHALL PERMIT THE

CONTINUATION, BUT NOT NECESSARILY THE INTENSIFICATION OR

EXPANSION, OF ANY USE EXISTING ON JULY 1, 1984, UNLESS THE USE IS
ABANDONED FOR LONGER THAN 1 YEAR.

(B)(1) THE PROGRAM OF EACH LOCAL JURISDICTION SHALL PERMIT
THE CONSTRUCTION OF AT LEAST 1 SINGLE FAMILY DWELLING BY A PERSON
THAT, ON JULY 1, 1984, OWNED OR CONTROLLED 1 OR MORE LOTS OR
TRACTS ZONED FOR SINGLE FAMILY RESIDENTIAL USE.