ROBERT L. EHRLICH, JR., Governor                             Ch. 385

Article 23A—Corporations—Municipal

Section 9(c) and 19(n)

Annotated Code of Maryland

(2001 Replacement Volume and 2003 Supplement)

BY adding to

Article 23A—Corporations—Municipal

Section 19(t)

Annotated Code of Maryland

(2001 Replacement Volume and 2003 Supplement)

BY repealing and reenacting, with amendments,
Article 66B - Land Use
Section 4.01(c)(1) 4.01(c) and 4.02
Annotated Code of Maryland
(2003 Replacement Volume)

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

Article 23A—Corporations—Municipal

(e) (1) (I) A municipal corporation which is subject to the provisions of
Article XI-E of the Maryland Constitution may not amend its charter or exercise its
powers of annexation, incorporation or repeal of charter as to affect or impair in any
respect the powers relating to sanitation, including sewer, water and similar facilities,
and zoning, of the Washington Suburban Sanitary Commission or of the
Maryland National Capital Park and Planning Commission.

(II) Except that where any area is annexed to a municipality
authorised to have and having then a planning and zoning authority, the municipality
shall have exclusive jurisdiction over planning and zoning and subdivision control
within the area annexed; provided nothing in this exception shall be construed or
interpreted to grant planning and zoning authority or subdivision control to a
municipality not authorized to exercise that authority at the time of such annexation;
and further provided, that no municipality annexing land may for a period of five
years following annexation, place that land in a zoning classification which permits a
land use substantially different from the use for the land specified in the current and
duly adopted master plan or plans or if there is no adopted or approved master plan,
the adopted or approved general plan or plans of the county or agency having
planning and zoning jurisdiction over the land prior to its annexation without the
express approval of the board of county commissioners or county council of the county
in which the municipality is located. NOTWITHSTANDING ANY PROVISION OF
ARTICLE 66B OF THE CODE THAT MAY REQUIRE USES OF LAND OR DENSITIES OF
DEVELOPMENT TO BE UNIFORM WITHIN EACH ZONING DISTRICT, THE BOARD OF
COUNTY COMMISSIONERS OR COUNTY COUNCIL, AS A CONDITION OF APPROVING AN

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