WILLIAM DONALD SCHAEFER, Governor                     H.B. 1088

The 1992 Act created the State Economic Growth, Resource Protection, and Planning
Commission which has, among other things, expressed its intent to conduct a thorough
examination of all planning and zoning enabling legislation that is found in Articles 66B,
28, and 25A of the Annotated Code. In its first annual report, the Commission stated that
uniformity is necessary because "rapid growth and changes in planning practice have been
accommodated through a series of piecemeal amendments...(to the aforementioned
Articles)." House Bill 1088 would be a piecemeal amendment to Article 28 - precisely
what the Commission wants to avoid.

Lastly, it has been suggested by proponents that the greatest benefit of House Bill 1088
would be to encourage special exception applications that are carefully planned and
viable at the outset. While this is a laudable effort to achieve efficiency in matters of local
government, I believe that it may unfairly preclude businesses or groups from applying
out of the fear that even the slightest bit of controversy would jeopardize their chances of
success. Repeated use of the supermajority mechanism to create such an efficiency
pipeline would lead to a negative growth image that could ultimately have a detrimental
effect on the economic health of Montgomery County.

For these reasons, I have vetoed House Bill 1088.

Sincerely,

William Donald Schaefer

Governor

House Bill No. 1088

AN ACT concerning

Maryland-National Capital Park and Planning Commission - Montgomery County -

Zoning Regulations

PG/MC 1-94

FOR the purpose of providing that, in Montgomery County, the District Council in its
zoning regulations may require that a specified minimum number of votes is
required for the board of appeals to adopt certain zoning resolutions relating to
special exceptions; authorizing the council to enact certain voting requirements for
certain uses; and making stylistic changes.

BY repealing and reenacting, with amendments,

Article 28 - Maryland-National Capital Park and Planning Commission

Section 8-110

Annotated Code of Maryland

(1990 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 28 - Maryland-National Capital Park and Planning Commission

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