Md. Code, Land Use § 2-102
This is the official text of Md. Code, Land Use § 2-102, part of Maryland’s Code, Land Use — governs zoning and land use planning.
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§2–102.
Official statutory text
(a) (1) Except as otherwise provided in this division, a planning commission established under this subtitle shall consist of three, five, or seven members.
(2) One member of the planning commission may be a member of the legislative body, who serves as an ex officio member concurrent with the member’s legislative term.
(3) (i) An ex officio member of a planning commission may not vote on any question in the result of which the ex officio member has an immediate personal or financial interest.
(ii) When an ex officio member abstains from voting on a question under subparagraph (i) of this paragraph, the ex officio member shall disclose the recusal.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the members of a planning commission shall be appointed by:
(i) the legislative body; or
(ii) the person designated as the appointing authority in the local law establishing the planning commission.
(2) If there is a single elected local executive, the members of a planning commission shall be appointed by the local executive and confirmed by the legislative body.
(c) (1) The term of a member of a planning commission other than an ex officio member is:
(i) 5 years; or
(ii) until the member’s successor takes office.
(2) The terms of the members of a planning commission shall be staggered.
(d) (1) A legislative body may remove a member of a planning commission for:
(i) incompetence;
(ii) misconduct; or
(iii) in the same manner as for a member of a State board or commission:
1. failure to attend meetings under § 8–501 of the State Government Article; or
2. conviction of a crime in accordance with § 8–502 of the State Government Article.
(2) The legislative body shall provide to the member:
(i) a written statement of charges stating the grounds for removal; and
(ii) an opportunity for a public hearing to contest the charges.
(e) If a vacancy occurs during the term of an appointed member, the vacancy shall be filled for the unexpired term in the same manner as is required for appointment under subsection (b) of this section.
(f) (1) The legislative body may designate one or more alternate members to sit on the planning commission in the absence of any member of the commission.
(2) If an alternate member is absent, the legislative body may designate a temporary alternate member to sit on the planning commission.
(2) One member of the planning commission may be a member of the legislative body, who serves as an ex officio member concurrent with the member’s legislative term.
(3) (i) An ex officio member of a planning commission may not vote on any question in the result of which the ex officio member has an immediate personal or financial interest.
(ii) When an ex officio member abstains from voting on a question under subparagraph (i) of this paragraph, the ex officio member shall disclose the recusal.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the members of a planning commission shall be appointed by:
(i) the legislative body; or
(ii) the person designated as the appointing authority in the local law establishing the planning commission.
(2) If there is a single elected local executive, the members of a planning commission shall be appointed by the local executive and confirmed by the legislative body.
(c) (1) The term of a member of a planning commission other than an ex officio member is:
(i) 5 years; or
(ii) until the member’s successor takes office.
(2) The terms of the members of a planning commission shall be staggered.
(d) (1) A legislative body may remove a member of a planning commission for:
(i) incompetence;
(ii) misconduct; or
(iii) in the same manner as for a member of a State board or commission:
1. failure to attend meetings under § 8–501 of the State Government Article; or
2. conviction of a crime in accordance with § 8–502 of the State Government Article.
(2) The legislative body shall provide to the member:
(i) a written statement of charges stating the grounds for removal; and
(ii) an opportunity for a public hearing to contest the charges.
(e) If a vacancy occurs during the term of an appointed member, the vacancy shall be filled for the unexpired term in the same manner as is required for appointment under subsection (b) of this section.
(f) (1) The legislative body may designate one or more alternate members to sit on the planning commission in the absence of any member of the commission.
(2) If an alternate member is absent, the legislative body may designate a temporary alternate member to sit on the planning commission.
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