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PARRIS N. GLENDENING, Governor
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S.B. 247
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(2) IF A LOCAL JURISDICTION STATES THE LOCAL JURISDICTION'S
INTENT TO DEVELOP AN ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM, THE
LOCAL JURISDICTION SHALL PREPARE A PROPOSED PROGRAM MEETING THE
REQUIREMENTS OF THE CRITERIA ADOPTED UNDER § 8-1808 OF THIS SUBTITLE AND
SUBMIT THE PROGRAM TO THE COMMISSION ON OR BEFORE JANUARY 1, 2003.
HOWEVER, IF THE LOCAL JURISDICTION SUBMITS EVIDENCE SATISFACTORY TO THE
COMMISSION THAT THE LOCAL JURISDICTION IS MAKING REASONABLE PROGRESS
IN THE DEVELOPMENT OF A PROGRAM, THE COMMISSION MAY EXTEND THIS PERIOD
FOR UP TO AN ADDITIONAL 30 DAYS. BEFORE SUBMISSION OF A PROGRAM TO THE
COMMISSION WITHIN THE TIME ALLOWED BY THIS SUBSECTION, A LOCAL
JURISDICTION SHALL HOLD AT LEAST 1 PUBLIC HEARING ON THE PROPOSED
PROGRAM, FOR WHICH 2 WEEKS' NOTICE SHALL BE PUBLISHED IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE LOCAL JURISDICTION.
(d) (1) Within 30 days after a program is submitted, the Commission shall
appoint a panel of 5 of its members to conduct, in the affected jurisdiction, a public
hearing on the proposed program.
(2) (I) Within 90 days after the Commission receives a proposed
CHESAPEAKE BAY CRITICAL AREA program from a local jurisdiction, the Commission
shall approve the proposal or notify the local jurisdiction of specific changes that must
be made in order for the proposal to be approved. If the Commission does neither, the
proposal shall be deemed approved.
(II) WITHIN 60 DAYS AFTER THE COMMISSION RECEIVES A
PROPOSED ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM FROM A LOCAL
JURISDICTION, THE COMMISSION SHALL APPROVE THE PROPOSAL OR NOTIFY THE
LOCAL JURISDICTION OF SPECIFIC CHANGES THAT MUST BE MADE IN ORDER FOR
THE PROPOSAL TO BE APPROVED. IF THE COMMISSION DOES NEITHER, THE
PROPOSAL SHALL BE DEEMED APPROVED.
(3) A changed proposal shall be submitted to the Commission in the
same manner as the original proposal, within 40 days after the Commission's notice.
Unless the Commission approves a changed proposal or disapproves a changed
proposal and states in writing the reasons for the Commission's disapproval within 40
days, the changed proposal shall be deemed approved.
(e) Within 90 days after the Commission approves a proposed CHESAPEAKE
BAY CRITICAL AREA program OR A PROPOSED ATLANTIC COASTAL BAYS CRITICAL
AREA PROGRAM, the local jurisdiction shall hold hearings and adopt the program in
accordance with legislative procedures for enacting ordinances. If the governing body
of the local jurisdiction wishes to change any part of the approved proposal before
adoption, the governing body shall submit the proposed change to the Commission for
approval. Unless the Commission approves the change or disapproves the change and
states in writing the reasons for the Commission's disapproval within 30 days after
the Commission receives the change, the change shall be deemed approved. A changed
part may not be adopted until the changed part is approved by the Commission.
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- 4475 -
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