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Session Laws, 1994
Volume 773, Page 2943   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 661

4.05.

[(d) The territorial planning and zoning jurisdiction of the planning and zoning
commission of any incorporated town of Talbot County shall include all land located
within the corporate boundaries of said town, and territorial planning and zoning
jurisdiction of the planning and zoning commission of Talbot County shall include all land
lying outside of the corporate boundaries of any incorporated town of Talbot County. The
planning and zoning commission of any incorporated town of Talbot County shall have
territorial planning and zoning jurisdiction over all land lying within one mile of its
corporate boundaries at such time as the incorporated town shall have approved and
adopted a master plan and zoning ordinances for such area, at which such time the
authority of the planning and zoning commission of Talbot County over such land shall be
divested, provided that any incorporated town of Talbot County may waive planning and
zoning jurisdiction over any land lying within one mile of its corporate boundaries. If the
corporate limits of any incorporated town of Talbot County shall be extended at any time
after June 1, 1971, planning and zoning jurisdiction of such town shall apply only within
the corporate boundaries defined by such extension and not to all land lying within one
mile of such extended boundaries which land shall remain under the jurisdiction of the
planning and zoning commission of Talbot County. After June 1, 1971, the planning and
zoning commission of any incorporated town of Talbot County must give no less than
seven (7) days' notice to, and consult with, the planning and zoning commission of Talbot
County concerning any proposed changes in the existing planning and/or zoning of land
lying within one mile of the corporate boundaries of any such incorporated town,
jurisdiction over which such land the planning and zoning commission of the town has
previously acquired under the terms of this section. ]

EXPLANATION: Article 66B, § 4.05(d), concerning the planning and zoning
authority of municipal corporations located within Talbot County, has been
held unconstitutional under Article XI-E, § 1 of the Constitution. See Gordon
v. Commissioners of St. Michaels, 278 Md. 128 (1976). The Constitution
permits the General Assembly to enact legislation affecting the "...
incorporation, organization, government, or affairs of any ... municipal
corporation only by general laws which in their terms and in their effect apply
alike to all municipal corporations in one or more [class]". The General
Assembly has elected to treat all municipal corporations in the State as a
single class. See Article 23A, § 10 of the Code. Staff recommends this
subsection be repealed.

Article - Education

4-202.

(a)     Each county superintendent is entitled to the compensation set by the county
board.

(b)     [Each county superintendent is entitled to the following minimum annual
salary:

(1)     During his first year of service — $14,000;

(2)     During his second year of service — $15,000;

- 2943 -

 

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Session Laws, 1994
Volume 773, Page 2943   View pdf image
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