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PARRIS N. GLENDENING, Governor
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Ch. 426
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(B) Any interested person or [a person's] representative OF AN INTERESTED
PERSON [is entitled to] MAY appear and be heard at any public hearing conducted by
[the] A HISTORIC DISTRICT COMMISSION OR HISTORIC PRESERVATION commission.
8.12. Certificate of approval, modification or rejection of application and plans.
(A) [The] A HISTORIC DISTRICT COMMISSION OR HISTORIC PRESERVATION
commission [shall file] SHALL:
(1) FILE with the building inspector [by whatever name known] of the
[county or municipal corporation] LOCAL JURISDICTION a certificate of [its] THE
COMMISSION'S approval, modification, or rejection of [all applications and plans]
ANY APPLICATION OR PLAN submitted to [it] THE COMMISSION for [review]
REVIEW; OR
(2) IF THERE IS NO BUILDING INSPECTOR IN THE COUNTY OR
MUNICIPAL CORPORATION, ISSUE TO THE OWNER, LESSEE, OR TENANT OF THE
PROPERTY AND PREMISES THAT IS THE SUBJECT OF THE APPLICATION OR PLAN A
CERTIFICATE OF THE COMMISSION'S APPROVAL, MODIFICATION, OR REJECTION.
(B) [Work shall not be commenced on any such] AN APPLICANT MAY NOT
BEGIN WORK ON ANY project SUBMITTED FOR REVIEW BY A HISTORIC DISTRICT
COMMISSION OR HISTORIC PRESERVATION COMMISSION, until [such a] THE
COMMISSION HAS FILED THE certificate of approval [has been filed, and the] WITH
THE BUILDING INSPECTOR.
(C) THE building inspector [shall] MAY not issue a building permit for [such]
A change or construction SUBMITTED FOR REVIEW BY A HISTORIC DISTRICT
COMMISSION OR HISTORIC PRESERVATION COMMISSION [unless and until he]
UNTIL THE BUILDING INSPECTOR has received [such a] THE certificate of approval.
(D) If there is no building inspector in the [county or municipal corporation]
LOCAL JURISDICTION, the owner, lessee, or tenant of the property and premises
[shall] MAY not commence the proposed work or change until [and unless he or it has
received such] THE HISTORIC DISTRICT COMMISSION OR HISTORIC PRESERVATION
COMMISSION HAS ISSUED TO THE OWNER, LESSEE, OR TENANT a certificate of
approval [from the commission].
(E) [The failure of the commission] IF A HISTORIC DISTRICT COMMISSION OR
HISTORIC PRESERVATION COMMISSION FAILS to act [upon] ON a completed
application within [forty-five (45) days from] 45 DAYS AFTER the date THAT the
completed application was [filed shall be deemed to constitute automatic approval of]
FILED, the [proposed changes] APPLICATION SHALL BE CONSIDERED APPROVED
[unless an] UNLESS:
(1) [extension of this forty-five day period is agreed upon mutually by
the applicant and the commission or the] THE APPLICANT AND THE COMMISSION
AGREE TO AN EXTENSION OF THE 45-DAY PERIOD; OR
(2) THE application [has been] IS withdrawn.
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- 2359 -
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