Md. Code, Land Use § 5-104
This is the official text of Md. Code, Land Use § 5-104, part of Maryland’s Code, Land Use — governs zoning and land use planning.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§5–104.
Official statutory text
(a) (1) In this section the following words have the meanings indicated.
(2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.
(3) “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.
(4) “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article.
(5) (i) “Planning board” means a planning board established under this article.
(ii) “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
(6) “Shared facility” has the meaning stated in § 9–206 of the Environment Article.
(b) This section applies only to a residential major subdivision in a Tier III area served by:
(1) on–site sewage disposal systems;
(2) a shared facility; or
(3) a community sewerage system.
(c) If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area.
(d) (1) Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing.
(2) The planning board shall conduct the public hearing in accordance with its rules and procedures.
(e) The review of a residential major subdivision by the planning board shall include:
(1) the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and
(2) the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision.
(f) The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.
(2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.
(3) “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.
(4) “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article.
(5) (i) “Planning board” means a planning board established under this article.
(ii) “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
(6) “Shared facility” has the meaning stated in § 9–206 of the Environment Article.
(b) This section applies only to a residential major subdivision in a Tier III area served by:
(1) on–site sewage disposal systems;
(2) a shared facility; or
(3) a community sewerage system.
(c) If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area.
(d) (1) Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing.
(2) The planning board shall conduct the public hearing in accordance with its rules and procedures.
(e) The review of a residential major subdivision by the planning board shall include:
(1) the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and
(2) the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision.
(f) The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.
Status: in_force · Read it on the official government site
Need a lawyer in Maryland?
Find a Maryland lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.