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PARRIS N. GLENDENING, Governor
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S.B. 247
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(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.
(d) If, at any time after the Commission has adopted a program for a local
jurisdiction, the local jurisdiction submits an alternative program of its own that
satisfies the criteria adopted under § 8-1808 this subtitle and is approved by the
Commission, the alternative program supersedes the program adopted by the
Commission.
8-1811.
(a) From the effective date of a program approved or adopted by the
Commission, a project approval that involves land located in the Chesapeake Bay
Critical Area OR THE ATLANTIC COASTAL BAYS CRITICAL AREA may not be granted
unless the project approval is consistent and complies with the program.
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- 4479 -
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