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Ch. 433
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2002 LAWS OF MARYLAND
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(4) A local jurisdiction shall incorporate an approved program
refinement into its adopted program within 120 days of receiving notice from the
chairman that the program refinement has been approved.
(q) As necessary, a local jurisdiction may combine any or all proposed program
amendments or program refinements required for a specific project approval into a
single request to the Commission for program amendment, program refinement, or
both. Approval by the Commission of a program amendment, program refinement, or
both does not affect the Commission's authority to receive notice of or intervene in a
project approval that was not specifically approved by the Commission as part of its
approval of a program amendment or program refinement.
(r) Within 6 months after the adoption of amended criteria, a local jurisdiction
shall send to the Commission:
(1) Proposed program amendments or program refinements that address
the amended criteria; or
(2) A statement describing how the adopted program conforms to the
amended criteria and certifying that the adopted program is consistent with the
amended criteria.
(s) If the Commission adopts a regulation concerning the use of the growth
allocation, any use of the growth allocation must be in accordance with that
regulation for the change to be considered a program refinement.
8-1810.
(a) If a local jurisdiction fails to notify the Commission that the local
jurisdiction 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 OR ATLANTIC COASTAL BAYS CRITICAL AREA in
that local jurisdiction.
(b) Where a local jurisdiction failed to adopt or obtain Commission approval of
a program, the Commission shall adopt a program for that jurisdiction by adopting
regulations in accordance with 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 adopts a program
under this subsection, the Commission shall appoint a panel of 3 of the Commission's
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 notice shall be published in a
newspaper of general circulation in the local jurisdiction. A program adopted 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.
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- 3272 -
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