Land Use - Comprehensive and General Plans - Alteration of Elements

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0243*

HOUSE BILL 243
L6 6lr0064
(PRE–FILED) CF SB 197
By: Chair, Economic Matters Committee (By Request – Departmental – Planning)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2026

CHAPTER ______

AN ACT concerning 1

Land Use – Comprehensive and General Plans – Alteration of Elements 2

FOR the purpose of altering the required elements of comprehensive and general plans for 3
charter counties and other local jurisdictions; establishing requirements and 4
guidelines for each element; requiring certain State agencies to provide charter 5
counties and other local jurisdictions with assistance and information relevant to the 6
preparation of each element; and generally relating to comprehensive and general 7
plans. 8

BY renumbering 9
Article – Land Use 10
Section 1–414 through 1–418 11
to be Section 1–417 through 1–421, respectively 12
Annotated Code of Maryland 13
(2012 Volume and 2025 Supplement) 14

BY repealing and reenacting, with amendments, 15
Article – Land Use 16
Section 1–406 and 3–206 17
Annotated Code of Maryland 18
(2012 Volume and 2025 Supplement) 19

BY repealing 20
Article – Land Use 21
2 HOUSE BILL 243

Section 1–407, 1–407.1, 1–408 through 1–412, and 3–102 through 3–114 1
Annotated Code of Maryland 2
(2012 Volume and 2025 Supplement) 3

BY adding to 4
Article – Land Use 5
Section 1–407 through 1–414 and 3–102 through 3–110 6
Annotated Code of Maryland 7
(2012 Volume and 2025 Supplement) 8

BY repealing and reenacting, without amendments, 9
Article – Land Use 10
Section 3–101 11
Annotated Code of Maryland 12
(2012 Volume and 2025 Supplement) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That Section(s) 1 –414 through 1 –418 of Article – Land Use of the Annotated Code of 15
Maryland be renumbered to be Section(s) 1–417 through 1–421, respectively. 16

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18

Article – Land Use 19

1–406. 20

(a) [(1)] The planning commission for a charter county shall include in the 21
comprehensive or general plan the [visions] PLANNING PRINCIPLES under § 1–201 of this 22
title and the following elements: 23

[(i)] (1) a [development regulations] LAND element; 24

(2) A TRANSPORTATION ELEMENT; 25

[(ii)] (3) a housing element; 26

[(iii) a sensitive areas element;] 27

[(iv)] (4) [a transportation] AN ECONOMY element; [and] 28

[(v)] (5) [a water resources] AN EQUITY element; 29

(6) A RESILIENCE ELEMENT; 30

(7) A PLACE ELEMENT; AND 31
HOUSE BILL 243 3

(8) AN ECOLOGY ELEMENT. 1

[(2) If current geological information is available, the plan shall include a 2
mineral resources element. 3

(b) The planning commission for a charter county may include in the plan a 4
priority preservation area element developed in accordance with § 2–518 of the Agriculture 5
Article.] 6

(B) THE PLAN SHALL PROVID E GOALS , OBJECTIVES, GUIDELINES, 7
STANDARDS, AND STRATEGIES FOR T HE ORDERLY AND BALAN CED FUTURE 8
ECONOMIC, SOCIAL, PHYSICAL, ENVIRONMENTAL, AND FISCAL DEVELOPME NT OF 9
THE COUNTY. 10

(C) (1) THE PLANNING COMMISSION FOR A CHARTER COUNTY SHALL: 11

(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 12
DETERMINE THE APPROPRIATE FORMAT AND ORGANIZATIONAL STRUCTURE OF THE 13
PLAN, PROVIDED THE ELEMENT S REQUIRED UNDER THI S SUBTITLE ARE 14
ADDRESSED; AND 15

(II) DETERMINE WHETHER TO INCLUDE ADDITIONAL ELEMENTS 16
IN THE PLAN. 17

(2) ELEMENTS MAY BE FORMA TTED AS INDIVIDUAL C HAPTERS OR 18
ADDRESSED IN MULTIPLE CHAPTERS. 19

(D) (1) EACH ELEMENT REQUIRED UNDER THIS SECTION SHALL: 20

(I) INCLUDE AND ADDRESS ALL REQUIRED SUBELEMENTS; 21

(II) BE INFORMED BY RELEVANT EXISTING AN D ANTICIPATED 22
FUTURE CONDITIONS AND STATE AND LOCAL PLANS; AND 23

(III) IDENTIFY THE NEEDS TO BE ADDRESSED AND THE GOALS TO 24
BE ACHIEVED. 25

(2) (I) THE PLAN SHALL INCLUD E A STATEMENT OF GOA LS AND 26
OBJECTIVES, POLICIES, AND STANDARDS. 27

(II) THE STATEMENT SHALL: 28

4 HOUSE BILL 243

1. SERVE AS A GUIDE FOR THE DEVELOPMENT AND 1
ECONOMIC AND SOCIAL WELL–BEING OF THE COUNTY; 2

2. BE INFORMED BY INTER GOVERNMENTAL 3
COORDINATION WITH AD JACENT JURISDICTIONS AND RELEVANT REGULAT ORY 4
AUTHORITIES; AND 5

3. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 6
IDENTIFY STRATEGIES TO BE IMPLEMENTED , INCLUDING APPROPRIAT E 7
RECOMMENDED DEVELOPMENT REGULATIONS, POLICIES, PROGRAMS, AND OTHER 8
MECHANISMS TO ADDRESS THE NEEDS AND GOALS OF THE PLAN. 9

(3) THE DEVELOPM ENT REGULATIONS , POLICIES, PROGRAMS, AND 10
OTHER MECHANISMS INCLUDED IN THE PLAN SHALL ENCOURAGE: 11

(I) THE USE OF FLEXIBLE DEVELOPMENT REGULATI ONS TO 12
PROMOTE INNOVATIVE AND COST–SAVING SITE DESIGN, IMPLEMENT THE PLANNING 13
PRINCIPLES, AND PROTECT THE ENVIRONMENT; AND 14

(II) WITHIN THE AREAS DES IGNATED FOR GROWTH I N THE 15
PLAN: 16

1. PROMOTE ECONOMIC DEV ELOPMENT THROUGH THE 17
USE OF INNOVATIVE TECHNIQUES; AND 18

2. PROVIDE FOR THE STRE AMLINED REVIEW OF 19
APPLICATIONS FOR DEVELOPMENT, INCLUDING PERMIT REVIEW AND SUBDIVISION 20
PLAT REVIEW. 21

(E) (1) IN PREPARING THE PLAN , THE PLANNING COMMISS ION FOR A 22
CHARTER COUNTY MAY REQUEST THE DEPARTMENT OF PLANNING TO FACILITATE 23
STATE AGENCY ASSISTANCE WITH AVAILABLE DATA AND ANALYSIS. 24

(2) THE DEPARTMENT OF PLANNING SHALL PROVIDE GUIDELINES 25
ON HOW TO ADDRESS TH E ELEMENTS REQUIRED UNDER THIS SUBTITLE AND 26
IDENTIFY BEST PRACTICES TO BE CONSIDERED. 27

[1–407. 28

(a) The development regulations element shall include the planning commission’s 29
recommendation for land development regulations to implement the plan. 30

(b) The development regulations element shall encourage: 31

HOUSE BILL 243 5

(1) the use of flexible development regulations to promote innovative and 1
cost–saving site design and protect the environment; and 2

(2) within the areas designated for growth in the plan: 3

(i) economic development through the use of innovative techniques; 4
and 5

(ii) streamlined review of applications for development, including 6
permit review and subdivision plat review.] 7

1–407. 8

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 9
1–201(B)(1) OF THIS TITLE, THE LAND ELEMENT SHALL ADDRESS: 10

(1) THE GENERAL DISTRIBU TION, LOCATION, AND EXTENT OF USES 11
OF THE LAND FOR HOUS ING, BUSINESS, INDUSTRY, AGRICULTURE, RECREATION, 12
EDUCATION, PUBLIC BUILDINGS AND GROUNDS, OPEN SPACE , AND OTHER 13
CATEGORIES OF PUBLIC AND PRIVATE USES OF LAND APPROPRIATE TO THE 14
COUNTY; 15

(2) DESIRED PATTERNS AND LOCATIONS OF GROWTH CONSIDERING 16
EFFECTIVE AND EFFICI ENT DELIVERY OF COMM UNITY FACILITIES AN D PUBLIC 17
SERVICES AND THE PRO TECTION AND PRESERVA TION OF VULNERABLE N ATURAL 18
AND HISTORIC RESOURCES; 19

(3) COMMUNITY FACILITIES IN ACCORDANCE WITH S UBSECTION (D) 20
OF THIS SECTION; AND 21

(4) IF APPLICABLE: 22

(I) MINERAL RESOURCES IN ACCORDANCE WITH SUBS ECTION 23
(E) OF THIS SECTION; AND 24

(II) FISHERIES IN ACCORDANCE WITH SUBSECTION (F) OF THIS 25
SECTION. 26

(B) (1) THE LAND ELEMENT SHAL L BE INFORMED BY THE FOLLOWING 27
STATE PLANS: 28

(I) THE MARYLAND THE BEAUTIFUL PLAN, AS DESCRIBED IN § 29
5–104 OF THE NATURAL RESOURCES ARTICLE; 30

6 HOUSE BILL 243

(II) THE MARYLAND LAND PRESERVATION AND RECREATION 1
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 2

(III) THE STATEWIDE HISTORIC PRESERVATION PLAN, AS 3
REQUIRED UNDER THE NATIONAL HISTORIC PRESERVATION ACT. 4

(2) THE DEPARTMENT OF PLANNING SHALL: 5

(I) PROVIDE A CHARTER CO UNTY WITH THE BEST A VAILABLE 6
POPULATION AND DEMOG RAPHIC DATA FROM THE U.S. CENSUS BUREAU AND 7
STATE–LEVEL LAND USE DATA; AND 8

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 9
DATA RELEVANT TO THE PREPARATION OF THE LAND ELEMENT FROM OTHER STATE 10
AND FEDERAL AGENCIES. 11

(C) THE LAND ELEMENT MAY INCLUDE: 12

(1) DESIGNATION OF EXISTING AND PROPOSED LAND USE PATTERNS 13
USING LAND USE MAPS THAT DEPICT THE TYPES OF USES WITH RANGES OF DENSITY 14
OR INTENSITY; 15

(2) IDENTIFICATION OF AR EAS OF FUTURE PLANNE D MIXED –USE 16
DEVELOPMENT FOR WHICH SPECIAL REGULATIONS MAY BE NECESSARY TO ENSURE 17
DEVELOPMENT IN ACCOR DANCE WITH THE PRINC IPLES AND STANDARDS OF THE 18
COMPREHENSIVE PLAN; 19

(3) IDENTIFICATION AND D EPICTION OF HISTORIC DISTRICT 20
BOUNDARIES AND HISTO RICALLY SIGNIFICANT PROPERTIES MERITING 21
PROTECTION; AND 22

(4) IDENTIFICATION OF AR EAS OF RESOURCE PROT ECTION AND 23
PRESERVATION. 24

(D) (1) THE LAND ELEMENT SHAL L INCLUDE A COMMUNIT Y FACILITIES 25
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 26

(2) ON A SCHEDULE THAT EX TENDS AS FAR INTO TH E FUTURE AS IS 27
REASONABLE, THE COMMUNITY FACILI TIES SUBELEMENT SHAL L PROPOSE THE 28
MOST APPROPRIATE AND DESIRABLE PATTERNS F OR THE GENERAL LOCAT ION, 29
CHARACTER, SERVICE AREAS, AND EXTENT OF PUBLIC AND SEMIPUBLIC BUILDINGS, 30
LAND, AND FACILITIES. 31

HOUSE BILL 243 7

(3) THE COMMUNITY FACILITIES SUBELEMENT MAY INCLUDE: 1

(I) PLACES OF WORSHIP; 2

(II) (I) FIRE STATIONS; 3

(III) HOSPITALS; 4

(IV) (II) INSTITUTIONS; 5

(V) (III) JAILS; 6

(VI) (IV) LIBRARIES; 7

(VII) (V) PARKS AND RECREATION AREAS; 8

(VIII) (VI) POLICE STATIONS; 9

(IX) (VII) SCHOOLS AND OTHER EDUCATIONAL FACILITIES; 10

(X) (VIII) CULTURAL FACILITIES; 11

(XI) (IX) SOCIAL WELFARE AND MEDICAL FACILITIES; AND 12

(XII) (X) OTHER PUBLIC OFFICE OR ADMINISTRATIVE 13
FACILITIES. 14

(E) (1) IF CURRENT GEOLOGICAL INFORMATION IS AVAIL ABLE, THE 15
LAND ELEMENT SHALL I NCLUDE A MINERAL RE SOURCES SUBELEMENT I N 16
ACCORDANCE WITH THIS SUBSECTION. 17

(2) THE MINERAL RESOURCES SUBELEMENT SHALL IDENTIFY: 18

(I) UNDEVELOPED LAND THA T SHOULD BE KEPT IN ITS 19
UNDEVELOPED STATE UN TIL THE LAND CAN BE USED TO ASSIST IN PR OVIDING A 20
CONTINUOUS SUPPLY OF MINERALS, AS DEFINED IN § 15–801 OF THE ENVIRONMENT 21
ARTICLE; AND 22

(II) APPROPRIATE POSTEXCAVATION USES FOR THE LAND THAT 23
ARE CONSISTENT WITH THE COUNTY’S LAND PLANNING PROCESS. 24

(3) THE MINERAL RESOURCES SUBELEMENT SHALL INC ORPORATE 25
LAND USE POLICIES AND RECOMMENDATIONS FOR REGULATIONS TO: 26
8 HOUSE BILL 243

(I) BALANCE MINERAL RESO URCE EXTRACTION WITH OTHER 1
LAND USES; AND 2

(II) PREVENT THE PREEMPTI ON OF MINERAL RESOUR CES 3
EXTRACTION BY OTHER USES TO THE EXTENT FEASIBLE. 4

(4) BEFORE THE PLAN IS AD OPTED, THE DEPARTMENT OF THE 5
ENVIRONMENT SHALL REV IEW THE MINERAL RESO URCES SUBELEMENT TO 6
DETERMINE WHETHER THE PROPOSED PLAN IS C ONSISTENT WITH THE PROGRAMS 7
AND GOALS OF THE DEPARTMENT. 8

(F) (1) IF THE CHARTER COUNTY IS LOCATED ON THE TIDAL WATERS OF 9
THE STATE, THE LAND ELEMENT SHA LL INCLUDE A FISHERI ES SUBELEMENT IN 10
ACCORDANCE WITH THIS SUBSECTION. 11

(2) THE FISHERIES SUBELEM ENT SHALL DESIGNATE AREAS ON OR 12
NEAR THE TIDAL WATERS FOR: 13

(I) LOADING, UNLOADING, AND PROCESSING FINFI SH AND 14
SHELLFISH; AND 15

(II) DOCKING AND MOORING COMMERCIAL FISHING BOATS AND 16
VESSELS. 17

(3) THE AREAS DESIGNATED UNDER PARAGRAPH (2) OF THIS 18
SUBSECTION SHALL BE GEOGRAPHICALLY LOCATED TO: 19

(I) FACILITATE THE COMMERCIAL HARVE STING OF FINFISH 20
AND SHELLFISH; AND 21

(II) ENSURE REASONABLE ACCESS TO THE WATERWAYS OF THE 22
STATE BY COMMERCIAL WATERMEN. 23

(G) THE LAND ELEMENT MAY INCLUDE A PRIORITY P RESERVATION AREA 24
SUBELEMENT DEVELOPED IN ACCORDANCE WITH § 2–518 OF THE AGRICULTURE 25
ARTICLE. 26

[1–407.1. 27

(a) (1) In this section the following words have the meanings indicated. 28

(2) “Affirmatively further fair housing” has the meaning stated in § 2–401 29
of the Housing and Community Development Article. 30
HOUSE BILL 243 9

(3) “Area median income” has the meaning stated in § 4 –1801 of the 1
Housing and Community Development Article. 2

(4) “Low–income housing” means housing that is affordable for a household 3
with an aggregate annual income that is below 60% of the area median income. 4

(5) “Workforce housing” has the meaning stated in § 4–1801 of the Housing 5
and Community Development Article. 6

(b) A housing element may include goals, objectives, policies, plans, and 7
standards. 8

(c) A housing element shall address the need fo r affordable housing within the 9
county, including: 10

(1) workforce housing; and 11

(2) low–income housing. 12

(d) (1) A county has a duty to affirmatively further fair housing through the 13
county’s housing and urban development programs. 14

(2) The housing element of a comprehensive plan that is enacted or 15
amended on or after January 1, 2025, shall include an assessment of fair housing to ensure 16
that the county is affirmatively furthering fair housing. 17

(3) On request of a county, the Department o f Planning, in consultation 18
with the Department of Housing and Community Development, shall provide technical 19
assistance for the purpose of developing the housing element of the comprehensive plan. 20

(4) This subsection does not require a county to take, or prohibit a county 21
from taking, a specific action to affirmatively further fair housing.] 22

[1–408. 23

(a) (1) A sensitive areas element shall include the goals, objectives, principles, 24
policies, and standards designed to protect sensitive areas from the adverse effects of 25
development. 26

(2) A charter county shall consider wildlife movement and habitat 27
connectivity when enacting, adopting, amending, or executing a plan in accordance with § 28
1–405 of this subtitle. 29

(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 30
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, to 31
10 HOUSE BILL 243

be available for the local comprehensive plan review by local jurisdictions required under § 1
1–416(a) of this subtitle and § 3–301(a) of this article. 2

(2) The Department of Planning shall coordinate with the Department of 3
Natural Resources and the State Highway Administration to provide each charter county 4
with updated information on habitat connectivity concerns and cu rrent and planned 5
wildlife crossings. 6

(c) Before the plan is adopted, the Department of the Environment and the 7
Department of Natural Resources shall review the sensitive areas element to determine 8
whether the proposed plan is consistent with the programs and goals of the departments.] 9

1–408. 10

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 11
1–201(B)(2) OF THIS TITLE, THE TRANSPORTATION ELEMENT SHALL ADDRESS: 12

(1) A SAFE , BALANCED TRANSPORTAT ION SYSTEM FOR THE 13
MOVEMENT OF PEOPLE AND GOODS; 14

(2) A RANGE OF SUSTAINAB LE TRANSPORTATION CH OICES FOR 15
FUTURE TRANSPORTATION NEEDS; AND 16

(3) COORDINATION WITH TH E LAND ELEMENT TO EN SURE 17
TRANSPORTATION EFFICIENCY FOR EXISTING AND PLANNED DEVELOPMENT. 18

(B) (1) THE TRANSPORTATION EL EMENT SHALL BE INFOR MED BY THE 19
FOLLOWING STATE PLANS: 20

(I) THE MARYLAND TRANSPORTATION PLAN, AS DESCRIBED 21
IN § 2–103.1 OF THE TRANSPORTATION ARTICLE; 22

(II) THE STATEWIDE 20–YEAR BICYCLE–PEDESTRIAN MASTER 23
PLAN, AS DESCRIBED IN § 2–604 OF THE TRANSPORTATION ARTICLE; AND 24

(III) THE MARYLAND STATE FREIGHT PLAN, AS REQUIRED 25
UNDER 49 U.S.C. § 70202. 26

(2) THE DEPARTMENT OF TRANSPORTATION SHALL: 27

(I) PROVIDE A CHARTER CO UNTY WITH THE BEST A VAILABLE 28
STATE–LEVEL DATA; AND 29

HOUSE BILL 243 11

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 1
DATA RELEVANT TO THE PREPARATION OF THE TRANSPORTATION ELEMENT FROM 2
OTHER STATE AND FEDERAL AGENCIES. 3

(C) THE TRANSPORTATION ELEMENT MAY INCLUDE ALL TYPES OF: 4

(1) AIRWAYS; 5

(2) HIGHWAYS OR STREETS; 6

(3) RAILWAYS; 7

(4) WATERWAYS; 8

(5) ROUTINGS FOR MASS TRANSIT; AND 9

(6) TERMINALS FOR INDIVI DUALS, GOODS, AND VEHICLES RELATED 10
TO AIRWAYS, HIGHWAYS, RAILWAYS, AND WATERWAYS. 11

(D) THE TRANSPORTATION ELEMENT SHALL: 12

(1) PROPOSE, ON A SCHEDULE THAT E XTENDS AS FAR INTO T HE 13
FUTURE AS IS REASONA BLE, THE MOST APPROPRIATE AND DESIRABLE PATTER NS 14
FOR: 15

(I) THE GENERAL LOCATION , CHARACTER, AND EXTENT OF 16
CHANNELS, ROUTES, AND TERMINALS FOR TRANSPORTATION FACILITIES; AND 17

(II) THE CIRCULATION OF INDIVIDUALS AND GOODS; 18

(2) PROVIDE FOR BICYCLE AND PEDESTRIAN ACCES S AND 19
TRAVELWAYS; AND 20

(3) INCLUDE AN ESTIMATE OF THE USE OF ANY PR OPOSED 21
IMPROVEMENT. 22

[1–409. 23

(a) The transportation element may include all types of: 24

(1) airways; 25

(2) highways or streets; 26

12 HOUSE BILL 243

(3) railways; 1

(4) waterways; 2

(5) routings for mass transit; and 3

(6) terminals for individuals, goods, and vehicles related to airways, 4
highways, railways, and waterways. 5

(b) The transportation element shall: 6

(1) propose, on a schedule that extends as far into the future as is 7
reasonable, the most appropriate and desirable patterns for: 8

(i) the general location, character, and extent of channels, routes, 9
and terminals for transportation facilities; and 10

(ii) the circulation of individuals and goods; 11

(2) provide for bicycle and pedestrian access and travelways; and 12

(3) include an estimate of the use of any proposed improvement.] 13

1–409. 14

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 15
INDICATED. 16

(2) “AFFIRMATIVELY FURTHER FAIR HOUSING ” HAS THE MEANING 17
STATED IN § 2–401 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 18

(3) “AREA MEDIAN INCOME” HAS THE MEANING STATED IN § 4–1801 19
OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 20

(4) “LOW–INCOME HOUSING” MEANS HOUSING THAT IS AFFORDABLE 21
FOR A HOUSEHOLD WITH AN AGGREGATE ANNUAL INCOME THAT IS BELOW 60% OF 22
THE AREA MEDIAN INCOME. 23

(5) “WORKFORCE HOUSING” HAS THE MEANING STATED IN § 4–1801 24
OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 25

(B) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 26
1–201(B)(3) OF THIS TITLE, THE HOUSING ELEMENT SHALL ADDRESS: 27

HOUSE BILL 243 13

(1) THE PROVISION OF AN A DEQUATE SUPPLY OF HO USING TO 1
ACCOMMODATE ALL CURR ENT AND ANTICIPATED FUTURE RESIDENTS OF THE 2
COUNTY; 3

(2) THE AGE , STRUCTURAL TYPE , VALUE, AND OCCUPANCY 4
CHARACTERISTICS OF THE COUNTY’S HOUSING STOCK; 5

(3) THE ELIMINATION OF S UBSTANDARD DWELLING CON DITIONS; 6
AND 7

(4) THE PROVISION OF ADE QUATE SITES FOR FUTU RE HOUSING , 8
INCLUDING AFFORDABLE HOUSING. 9

(C) (1) THE HOUSING ELEMENT SHALL BE INFORMED BY THE FOLLOWING 10
STATE PLANS: 11

(I) THE FAIR HOUSING CHOICE AND RACIAL AND ECONOMIC 12
HOUSING INTEGRATION REPORT, AS DESCRIBED IN § 2–302 OF THE HOUSING AND 13
COMMUNITY DEVELOPMENT ARTICLE; AND 14

(II) THE STATE OF MARYLAND FIVE YEAR CONSOLIDATED 15
PLAN, AS REQUIRED BY 24 C.F.R. § 91.300. 16

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 17

1. PROVIDE A CHARTER CO UNTY WITH THE BEST 18
AVAILABLE HOUSING DATA FROM THE U.S. CENSUS BUREAU; AND 19

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 20
PROVISION OF DATA RELEVANT TO THE PREPAR ATION OF THE HOUSING ELEMENT 21
FROM OTHER STATE AND FEDERAL AGENCIES. 22

(II) THE DEPARTMENT OF HOUSING AND COMMUNITY 23
DEVELOPMENT SHALL PRO VIDE A CHARTER COUNT Y WITH THE BEST AVAI LABLE 24
STATE–LEVEL HOUSING DATA. 25

(D) A HOUSING ELEMENT MAY INCLUDE GOALS , OBJECTIVES, POLICIES, 26
PLANS, AND STANDARDS. 27

(E) A HOUSING ELEMENT SHAL L ADDRESS THE NEED F OR AFFORDABLE 28
HOUSING WITHIN THE COUNTY, INCLUDING: 29

(1) WORKFORCE HOUSING; AND 30
14 HOUSE BILL 243

(2) LOW–INCOME HOUSING. 1

(F) (1) A COUNTY HAS A DUTY TO AFFIRMATIVELY FURTHE R FAIR 2
HOUSING T HROUGH THE COUNTY ’S HOUSING AND URBAN DEVELOPMENT 3
PROGRAMS. 4

(2) THE HOUSING ELEMENT O F A COMPREHENSIVE PL AN THAT IS 5
ENACTED OR AMENDED O N OR AFTER JANUARY 1, 2025, SHALL INCLUDE AN 6
ASSESSMENT OF FAIR H OUSING TO ENSURE THA T THE COUNTY IS AFFI RMATIVELY 7
FURTHERING FAIR HOUSING FOR CURRENT AND FUTURE RESIDENTS. 8

(3) ON REQUEST OF A COUNTY, THE DEPARTMENT OF PLANNING, IN 9
CONSULTATION WITH TH E DEPARTMENT OF HOUSING AND COMMUNITY 10
DEVELOPMENT, SHALL PROVIDE TECHNI CAL ASSISTANCE FOR T HE PURPOSE OF 11
DEVELOPING THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN. 12

(4) THIS SUBSEC TION DOES NOT REQUIR E A COUNTY TO TAKE , OR 13
PROHIBIT A COUNTY FR OM TAKING , A SPECIFIC ACTION TO AFFIRMATIVELY 14
FURTHER FAIR HOUSING. 15

[1–410. 16

(a) Considering available data provided by the Department of the Environment, 17
the water resources element shall identify: 18

(1) drinking water and other water resources that will be adequate for the 19
needs of existing and future development proposed in the land use element of the plan; and 20

(2) suitable receiving waters and land areas to meet stormwater 21
management and wastewater treatment and disposal needs of existing and future 22
development proposed in the land use element of the plan. 23

(b) The Department of the Environment shall: 24

(1) provide, on request of a local jurisdiction, technical assistance on the 25
development of the water resources element; and 26

(2) review the water resources element to determine whether the proposed 27
plan is consistent with the programs and goals of the Department reflected in the general 28
water resources program required under § 5–203 of the Environment Article.] 29

1–410. 30

HOUSE BILL 243 15

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 1
1–201(B)(4) OF THIS TITLE, THE ECONOMY ELEMENT SHALL ADDRESS: 2

(1) THE ECONOMIC BASE , LABOR FORCE CHARACTE RISTICS, AND 3
LOCAL ECONOMIC DEVEL OPMENT OPPORTUNITIES AND RE SOURCES OF THE 4
COUNTY; 5

(2) THE CATEGORIES OR TY PES OF BUSINESSES AN D INDUSTRIES 6
DESIRED IN THE COUNTY; AND 7

(3) THE COORDINATION OF INFORMATION ABOUT PO PULATION 8
TRENDS AND CHARACTER ISTICS, NATURAL RESOURCES , COMMUNITY FACILITIES 9
AND SERVICES, TRANSPORTATION, HOUSING, AND LAND USE SO THAT A STRATEGY 10
FOR THE ECONOMIC WEL L–BEING OF CURRENT AND NEW RESIDENTS OF THE 11
COUNTY CAN BE DEVELOPED. 12

(B) (1) THE ECONOMY ELEMENT S HALL BE INFORMED BY THE 13
FOLLOWING STATE PLANS: 14

(I) THE STATE WORKFORCE DEVELOPMENT PLAN, AS 15
REQUIRED UNDER THE F EDERAL WORKFORCE INNOVATION AND OPPORTUNITY 16
ACT FOR A 4–YEAR COMBINED STATE PLAN; AND 17

(II) THE MARYLAND STATE PLAN FOR POSTSECONDARY 18
EDUCATION, AS DESCRIBED IN § 11–105 OF THE EDUCATION ARTICLE. 19

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 20

1. PROVIDE A CHARTER CO UNTY WITH THE BEST 21
AVAILABLE ECONOMIC DEVELOPMENT DATA FROM THE U.S. CENSUS BUREAU; AND 22

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 23
PROVISION OF DATA RELEVANT TO THE PREPARATION OF THE ECONOMIC ELEMENT 24
FROM OTHER STATE AND FEDERAL AGENCIES. 25

(II) THE DEPARTMENT OF COMMERCE SHALL PROVID E A 26
CHARTER COUNTY WITH THE BEST AVAILABLE STATE–LEVEL DATA ON ECONOM IC 27
DEVELOPMENT. 28

(III) THE DEPARTMENT OF LABOR SHALL PROVIDE A CHARTER 29
COUNTY WITH THE BEST AVAILABLE STATE–LEVEL DATA ON THE LABOR FORCE. 30

(C) THE ECONOMY ELEMENT MAY INCLUDE: 31
16 HOUSE BILL 243

(1) AN ASSESSMENT OF EC ONOMIC SECTORS TO DE TERMINE 1
WHETHER AVAILABLE JO BS ALIGN WITH LOCAL LABOR FORCE CHARACTERISTICS, 2
COMMUTING PATTERNS, AND WAGES PAID, AND WHAT STRATEGIES COULD IMPROVE 3
THE EXISTING ECONOMIC SITUATION; 4

(2) AN ANALYSIS OF EXIST ING LOCAL ECONOMIC D EVELOPMENT 5
PROGRAMS AND TOOLS, AND WHAT STRATEGIES ARE NEEDED TO FOSTER ECONOMIC 6
DEVELOPMENT; 7

(3) AN ASSESSMENT OF ECO NOMIC ASSETS , PROBLEMS, AND 8
OPPORTUNITIES OF THE LOCAL ECONOMY IN A R EGIONAL CONTEXT AND WHAT 9
STRATEGIES ARE NEEDE D TO POSITION THE LO CAL EC ONOMY IN THE LARGER 10
REGIONAL CONTEXT; AND 11

(4) AN ASSESSMENT OF COM MUNITY REDEVELOPMENT 12
OPPORTUNITIES AND WHAT STRATEGIES AND PROGRAMS SHOULD BE PURSUED. 13

[1–411. 14

(a) The mineral resources element shall identify: 15

(1) undeveloped land that should be kept in its undeveloped state until the 16
land can be used to assist in providing a continuous supply of minerals, as defined in § 17
15–801(i) of the Environment Article; and 18

(2) appropriate postexcavation uses for the land that are consistent with 19
the county’s land planning process. 20

(b) A mineral resources element shall incorporate land use policies and 21
recommendations for regulations: 22

(1) to balance mineral resource extraction with other land uses; and 23

(2) to the extent feasible, to prevent the preemption of mineral resources 24
extraction by other uses. 25

(c) Before the plan is adopted, the Department of the Environment shall review 26
the mineral resources element to determine whether the proposed plan is consistent with 27
the programs and goals of the Department.] 28

1–411. 29

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
INDICATED. 31
HOUSE BILL 243 17

(2) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1
1–701 OF THE ENVIRONMENT ARTICLE. 2

(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STAT ED IN § 3
1–701 OF THE ENVIRONMENT ARTICLE. 4

(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 5
1–701 OF THE ENVIRONMENT ARTICLE. 6

(B) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 7
1–201(B)(5) OF THIS TITLE, THE EQUITY ELEMENT SHALL ADDRESS: 8

(1) THE NEEDS OF OVERBUR DENED AND UNDERSERVE D 9
COMMUNITIES IN THE COUNTY; AND 10

(2) THE INTERESTS OF POP ULATIONS IN THE COUN TY THAT 11
TYPICALLY HAVE NOT PARTICIPATED IN THE PLANNING PROCESS. 12

(C) (1) THE EQUITY ELEMENT SH ALL BE INFORMED BY T HE ANNUAL 13
REPORT OF THE COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE 14
COMMUNITIES, AS DESCRIBED IN § 1–701 OF THE ENVIRONMENT ARTICLE. 15

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 16

1. PROVIDE A CHARTER COUNTY W ITH THE BEST 17
AVAILABLE POPULATION AND DEMOGRAPHIC DATA FROM THE U.S. CENSUS 18
BUREAU; AND 19

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 20
PROVISION OF DATA RE LEVANT TO THE PREPAR ATION OF THE EQUITY ELEMENT 21
FROM OTHER STATE AND FEDERAL AGENCIES. 22

(II) THE DEPARTMENT OF THE ENVIRONMENT SHALL PROVIDE 23
A CHARTER COUNTY WITH DATA ON ENVIRONMENTAL JUSTICE. 24

(D) THE EQUITY ELEMENT MAY INCLUDE POTENTIAL STRATEGIES TO: 25

(1) PROMOTE BROADER CIVI C ENGAGEMENT IN THE PUBLIC 26
DECISION–MAKING PROCESS; 27

18 HOUSE BILL 243

(2) REDUCE THE UNIQUE OR COMPOUNDED HEALTH RI SKS AND 1
ENVIRONMENTAL PROBLE MS IN OVERBURDENED A ND UNDERSERVED 2
COMMUNITIES; AND 3

(3) PRIORITIZE IMPROVEMENTS AND PROGRAMS THAT ADDRESS THE 4
NEEDS OF OVERBURDENED AND UNDERSERVED COMMUNITIES. 5

[1–412. 6

(a) This section applies only to a charter county or a code county that was required 7
before adopting home rule to designate in the comprehensive plan areas on or near the tidal 8
waters of the State under § 3–113 of this article. 9

(b) The planning commission of a charter county that is located on the tidal 10
waters of the State shall designate in the comprehensive plan areas on or near the tidal 11
waters for: 12

(1) loading, unloading, and processing finfish and shellfish; and 13

(2) docking and mooring commercial fishing boats and vessels. 14

(c) The areas designated under subsection (b) of this section shall be 15
geographically located to: 16

(1) facilitate the commercial harvesting of finfish and shellfish; and 17

(2) ensure reasonable access to the waterways of the State by commercial 18
watermen.] 19

1–412. 20

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 21
1–201(B)(6) OF THIS TITLE, THE RESILIENCE ELEMENT SHALL ADDRESS: 22

(1) THE COORDINATION OF LOCAL PREPAREDNESS E FFORTS TO 23
IDENTIFY POTENTIAL THREATS FA CING THE COUNTY WITH THE LONG –TERM 24
STRATEGIES TO AVOID, REDUCE, AND RECOVER FROM CHANGING CONDITIONS AND 25
ASSOCIATED DISASTERS; AND 26

(2) THE MUTUAL ASSISTANC E NEEDED AMONG STATE AND LOCAL 27
PARTNERS TO: 28

(I) RESPOND TO THE CHALLENGES OF CHANGING CONDITIONS 29
AND DISASTERS, INCLUDING HUMAN–CAUSED AND NATURAL HAZARDS; AND 30

HOUSE BILL 243 19

(II) BUILD, ADVANCE, AND MAINTAIN CAPACITIES RELATED TO 1
QUALITY OF LIFE , HEALTH AND WELL –BEING, DURABLE SYSTEMS , ECONOMIC 2
VITALITY, HUMAN–MADE AND NATURE –BASED IN FRASTRUCTURE, AND 3
SUSTAINABLE ENVIRONMENTAL SYSTEMS. 4

(B) (1) THE RESILIENCE ELEMEN T SHALL BE INFORMED BY THE 5
FOLLOWING STATE PLANS: 6

(I) THE STATE RESILIENCE STRATEGY, AS DESCRIBED IN § 7
14–1202 OF THE PUBLIC SAFETY ARTICLE; AND 8

(II) THE STATE OF MARYLAND HAZARD MITIGATION PLAN, AS 9
REQUIRED UNDER 44 C.F.R. PART 201. 10

(2) THE DEPARTMENT OF PLANNING SHALL: 11

(I) PROVIDE A CHARTER CO UNTY WITH THE BEST A VAILABLE 12
POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT , AND HOUSING DATA 13
FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 14

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 15
DATA RELEVANT TO THE PREPARATION OF THE RESILIENCE ELEMENT FROM OTHER 16
STATE AND FEDERAL AGENCIES. 17

(C) THE RESILIENCE ELEMENT MAY INCLUDE: 18

(1) AN INVENTORY OF AREA S SUSCEPTIBLE TO NAT URAL OR 19
HUMAN–CAUSED HAZARDS , SUCH AS FLOODING , INCLUDING RIVERINE A ND 20
COASTAL FLOODING , SEA–LEVEL RISE , AND COASTAL STORM SU RGE, WHICH 21
INVENTORY MAY CONSID ER THE POTENTIAL DIS ASTER IMPACTS ON IND IVIDUALS, 22
COMMUNITIES, INSTITUTIONS, BUSINESSES, ECONOMIC DEVELOPMENT , PUBLIC 23
INFRASTRUCTURE AND FACILITIES, AND PUBLIC HEALTH, SAFETY, AND WELFARE; 24

(2) AN INVENTORY OF EXIS TING RESILIENCY COND ITIONS THAT 25
PROMOTE RESILIENT PL ANNING, DESIGN, AND DEVELOPMENT, AND THAT MAY BE 26
COORDINATED WITH OTHER JURISDICTIONS AND STATE AGENCIES; AND 27

(3) RECOMMENDED STRATEGIES AND POLICIES: 28

(I) TO PROTECT SUSCEPTIB LE AREAS AND RESOURC ES AND 29
MITIGATE RISKS TO PU BLIC SAFETY , CRITICAL INFRASTRUCT URE, HISTORIC 30
STRUCTURES, PUBLIC INVESTMENTS, AND OTHER COMMUNITY RESOURCES; AND 31

20 HOUSE BILL 243

(II) THAT ARE INTENDED TO: 1

1. REDUCE RISKS ASSOCIA TED WITH IDENTIFIED 2
HAZARDS; 3

2. ADAPT TO CHANGING CONDITIONS; AND 4

3. PROMOTE QUICKER RECOVERY AFTER A DISASTER. 5

1–413. 6

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 7
1–201(B)(7) OF THIS TITLE, THE PLACE ELEMENT SHALL: 8

(1) PLAN, DESIGN, AND PROGRAM PLAN NEW OR REVITALIZED PUBLIC 9
SPACES TO STRENGTHEN COMMUNITY COHESION WHILE CONTRIBUTING TO PUBLIC 10
HEALTH, CONNECTING PEOPLE WITH CULTURAL HERITAGE, CONSERVING NATURAL 11
RESOURCES, IMPROVING RESILIENCE, AND STRENGTHENING THE LOCAL ECONOMY; 12
AND 13

(2) PROMOTE THE ACTIVE C ARE AND MAINTENANCE OF PUBLIC 14
SPACES BY THE PEOPLE WHO LIVE AND WORK TH ERE, SUPPORTING THE 15
CONTINUATION OF LOCAL WAYS OF LIFE AND CULTURAL MEMORIES. 16

(B) (1) THE PLACE ELEMENT SHA LL BE INFORMED BY TH E FOLLOWING 17
STATE PLANS: 18

(I) THE MARYLAND LAND PRESERVATION AND RECREATION 19
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 20

(II) THE STATEWIDE HISTORIC PRESERVATION PLAN, AS 21
REQUIRED UNDER THE NATIONAL HISTORIC PRESERVATION ACT. 22

(2) THE DEPARTMENT OF PLANNING SHALL: 23

(I) PROVIDE A CHARTER CO UNTY WITH THE BEST A VAILABLE 24
POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT , AND HOUSING DATA 25
FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 26

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 27
DATA RELEVANT TO THE PREPARATION OF THE P LACE ELEMENT FROM OT HER 28
STATE AND FEDERAL AGENCIES. 29

HOUSE BILL 243 21

(C) THE PLACE ELEMENT MAY INCLUDE: 1

(1) AN INVENTORY OF GATH ERING PLACES FOR SOC IAL 2
INTERACTIONS AND CENTERS OF ECONOMIC ACTIVITY; 3

(2) AN ANALYSIS OF PUBLIC SPACES TO IDENTIFY THOSE OF UNIQUE 4
CULTURAL AND HISTORICAL SIGNIFICANCE; AND 5

(3) RECOMMENDED STRATEGI ES, POLICIES, AND PROGRAMS TO 6
BUILD SOCIAL COHESION AND COMMUNITY ENGAGEMENT. 7

1–414. 8

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 9
1–201(B)(8) OF THIS TITLE, THE ECOLOGY ELEMENT SHALL ADDRESS: 10

(1) THE PROTECTION OF THE ENVIRONMENT A ND NATURAL 11
RESOURCES, INCLUDING AGRICULTURAL RESOURCES, MINERAL RESOURCES, AND 12
WATER AND AIR QUALITY; 13

(2) THE PROTECTION OF SI GNIFICANT ARCHITECTU RAL, SCENIC, 14
CULTURAL, HISTORICAL, OR ARCHAEOLOGICAL RESOURCES; 15

(3) THE CONSERVATI ON, USE, AND PROTECTION OF NA TURAL 16
RESOURCES; 17

(4) THE PRESERVATION AND ENHANCEMENT OF PRIME 18
AGRICULTURAL LAND AN D STRATEGIES TO ENCO URAGE THE COMPATIBIL ITY OF 19
LAND USE WITH AGRICULTURAL AND FORESTRY OPERATIONS; 20

(5) THE PROTECTION OF A RELIABLE SUPPLY OF WATER AND ITS USES 21
AND LIMITATIONS; 22

(6) PREVENTING THE DEGRADATION OF THE ABOVE RESOURCES DUE 23
TO FUTURE DEVELOPMENT PATTERNS PROPOSED IN THE LAND ELEMENT; 24

(7) GREENHOUSE GAS EMISS IONS FROM ANY ADDITI ONAL VEHICLE 25
MILES TRAVELED LIKEL Y TO RESU LT FROM FUTURE DEVEL OPMENT PATTERNS 26
PROPOSED IN THE LAND ELEMENT; 27

(8) SENSITIVE AREAS IN ACCORDANCE WITH SUBSECTION (D) OF THIS 28
SECTION; AND 29

22 HOUSE BILL 243

(9) WATER RESOURCES IN A CCORDANCE WITH SUBSE CTION (E) OF 1
THIS SECTION. 2

(B) (1) THE ECOLOGY ELEMENT S HALL B E INFORMED BY THE 3
FOLLOWING STATE PLANS: 4

(I) MARYLAND’S CLIMATE POLLUTION REDUCTION PLAN, AS 5
DESCRIBED IN § 2–1205 OF THE ENVIRONMENT ARTICLE; 6

(II) THE MARYLAND LAND PRESERVATION AND RECREATION 7
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 8

(III) THE STATEWIDE COMPREHENSIVE OUTDOOR RECREATION 9
PLAN, AS REQUIRED UNDER TH E FEDERAL LAND AND WATER CONSERVATION 10
FUND ACT OF 1965. 11

(2) THE DEPARTMENT OF PLANNING SHALL: 12

(I) PROVIDE A CHARTER CO UNTY WITH THE BEST A VAILABLE 13
POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT , AND HOUSING DATA 14
FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 15

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 16
DATA RELEVANT TO THE PREPARATION OF THE E COLOGY ELEMENT FROM OTHER 17
STATE AND FEDERAL AGENCIES. 18

(C) THE ECOLOGY ELEMENT MAY INCLUDE: 19

(1) AN INVENTORY OF NATU RAL, HISTORICAL, AND 20
ENVIRONMENTALLY SENSITIVE RESOURCES; 21

(2) AN EVALUATION OF THE ISSUES, PROBLEMS, AND OPPORTUNITIES 22
ASSOCIATED WITH THESE RESOURCES; AND 23

(3) STRATEGIES AND POLIC IES FOR THE APPROPRI ATE USE , 24
PRESERVATION, AND PROTECTION OF TH ESE RESOURCES THAT A RE CONSISTENT 25
WITH THE STRATEGIES AND POLICIES ESTABLISHED FOR OTHER PLAN ELEMENTS. 26

(D) (1) THE ECOLOGY ELEMENT S HALL INCLUDE A SENSI TIVE A REAS 27
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 28

(2) THE SENSITIVE AREAS SUBELEMENT SHALL: 29

HOUSE BILL 243 23

(I) INCLUDE GOALS, OBJECTIVES, PRINCIPLES, POLICIES, AND 1
STANDARDS DESIGNED T O PROTECT SENSITIVE AREAS FROM THE ADVER SE 2
EFFECTS OF DEVELOPMENT; 3

(II) BE INFORMED BY CURRE NT STATE AND FEDERAL 4
REQUIREMENTS REGARDING THE PROTECTION OF SENSITIVE AREAS; AND 5

(III) INDICATE WHAT ADDITI ONAL MEASURES , IF ANY , THE 6
CHARTER COUNTY PROPO SES TO IMPLEMENT BEY OND THE REQUIREMENTS 7
DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. 8

(3) A CHARTER COUNTY SHALL CONSIDER WILDLIFE MOVEMENT AND 9
HABITAT CONNECTIVITY WHEN ENACTING, ADOPTING, AMENDING, OR EXECUTING A 10
PLAN IN ACCORDANCE WITH § 1–405 OF THIS SUBTITLE. 11

(4) (I) THE DEPARTMENT OF NATURAL RESOURCES SHALL 12
PROVIDE A CHARTER COUNTY WITH A STATEWIDE FOR EST RESOURCE INVENTORY 13
AT LEAST EVERY 5 YEARS, TO BE AVAILABLE FOR THE LOCAL COMPREHENSIVE PLAN 14
REVIEW BY THE CHARTER COUNTY REQUIRED UNDER § 1–419(A) OF THIS SUBTITLE. 15

(II) THE DEPARTMENT OF PLANNING SHALL COO RDINATE 16
WITH THE DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 17
ADMINISTRATION TO PRO VIDE EACH CHARTER CO UNTY WITH UPDATED 18
INFORMATION ON HABITAT CONNECTIVITY CONCERNS AND CURRENT AND PLANNED 19
WILDLIFE CROSSINGS. 20

(5) BEFORE THE PLAN IS AD OPTED, THE DEPARTMENT OF THE 21
ENVIRONMENT AND THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIE W 22
THE SENSITIVE AREAS SUBELEMENT TO DETERM INE WHETHER THE PROP OSED 23
PLAN IS CONSISTENT WITH THE PROGRAMS AND GOALS OF THE DEPARTMENTS. 24

(E) (1) THE ECOLOGY ELEMENT S HALL I NCLUDE A WATER RESOU RCES 25
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 26

(2) CONSIDERING AVAILABLE DATA PROVIDED BY THE DEPARTMENT 27
OF THE ENVIRONMENT, THE WATER RESOURCES SUBELEMENT SHALL IDENTIFY: 28

(I) DRINKING WATER AND O THER WATER RESOURCES THAT 29
WILL BE ADEQUATE FOR THE NEEDS OF EXISTIN G AND FUTURE DEVELOP MENT 30
PROPOSED IN THE LAND USE ELEMENT OF THE PLAN; AND 31

(II) SUITABLE RECEIVING W ATERS AND LAND AREAS TO MEET 32
STORMWATER MANAGEMENT AND WASTEWATER TREATMENT AND DISPOSAL NEEDS 33
24 HOUSE BILL 243

OF EXISTING AND FUTURE DEVELOPMENT PROPOSED IN THE LAND ELEMENT OF THE 1
PLAN. 2

(3) THE DEPARTMENT OF THE ENVIRONMENT SHALL: 3

(I) PROVIDE, ON REQUEST OF A CHARTER COUNTY, TECHNICAL 4
ASSISTANCE ON THE DEVELOPMENT OF THE WATER RESOURCES SUBELEMENT; AND 5

(II) REVIEW THE WATER RESOU RCES SUBELEMENT TO 6
DETERMINE WHETHER THE PROPOSED PLAN IS C ONSISTENT WITH THE PROGRAMS 7
AND GOALS OF THE DEPARTMENT OF THE ENVIRONMENT REFLECTED IN THE 8
GENERAL WATER RESOUR CES PROGRAM REQUIRED UNDER § 5–203 OF THE 9
ENVIRONMENT ARTICLE. 10

1–415. RESERVED. 11

1–416. RESERVED. 12

3–101. 13

(a) A local jurisdiction shall enact, adopt, amend, and execute a plan in 14
accordance with this division. 15

(b) A municipal corporation may be included as part of a county plan under this 16
division if: 17

(1) the legislative body of the municipal corporation, by resolution directed 18
to the legislative body of the county where the municipal corporation is located, indicates 19
the intention to participate in the county plan; and 20

(2) the legislative body of the county approves the resolution. 21

[3–102. 22

(a) (1) The planning commission for a local jurisdiction shall include in the 23
comprehensive plan the following elements: 24

(i) a community facilities element; 25

(ii) an area of critical State concern element; 26

(iii) a goals and objectives element; 27

(iv) a housing element; 28

HOUSE BILL 243 25

(v) a land use element; 1

(vi) a development regulations element; 2

(vii) a sensitive areas element; 3

(viii) a transportation element; and 4

(ix) a water resources element. 5

(2) If current geological information is available, the plan shall include a 6
mineral resources element. 7

(3) The plan for a municipal corporation that exercises zoning authority 8
shall include a municipal growth element. 9

(4) The plan fo r a county that is located on the tidal waters of the State 10
shall include a fisheries element. 11

(b) (1) The planning commission for a local jurisdiction may include in the plan 12
additional elements to advance the purposes of the plan. 13

(2) The additional elements may include: 14

(i) community renewal elements; 15

(ii) conservation elements; 16

(iii) flood control elements; 17

(iv) natural resources elements; 18

(v) pollution control elements; 19

(vi) the general location and extent of public utilities; and 20

(vii) a priority preservation area element developed in accordance 21
with § 2–518 of the Agriculture Article.] 22

3–102. 23

(A) THE PLANNING COMMISSI ON FOR A LOCAL JURIS DICTION SHALL 24
INCLUDE IN THE COMPREHENSIVE PLAN THE FOLLOWING ELEMENTS: 25

(1) A LAND ELEMENT; 26

26 HOUSE BILL 243

(2) A TRANSPORTATION ELEMENT; 1

(3) A HOUSING ELEMENT; 2

(4) AN ECONOMY ELEMENT; 3

(5) AN EQUITY ELEMENT; 4

(6) A RESILIENCE ELEMENT; 5

(7) A PLACE ELEMENT; AND 6

(8) AN ECOLOGY ELEMENT. 7

(B) THE PLAN SHALL PROVIDE GOALS , OBJECTIVES, GUIDELINES, 8
STANDARDS, AND STRATEGIES FOR T HE ORDERLY AND BALAN CED FUTURE 9
ECONOMIC, SOCIAL, PHYSICAL, ENVIRONMENTAL, AND FISCAL DEVELOPME NT OF 10
THE LOCAL JURISDICTION. 11

(C) (1) THE PLANNING COMMISSION FOR A LOCAL JURISDICTION SHALL: 12

(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 13
DETERMINE THE APPROPRIATE FORMAT AND ORGANIZATIONAL STRUCTURE OF THE 14
PLAN, PROVIDED THE ELEMENT S REQUIRED UNDER THI S SUBTITLE ARE 15
ADDRESSED; AND 16

(II) DETERMINE WHETHER TO INCLUDE ADDITIONAL ELEMENTS 17
IN THE PLAN. 18

(2) ELEMENTS MAY BE FORMA TTED AS INDIVIDUAL C HAPTERS OR 19
ADDRESSED IN MULTIPLE CHAPTERS. 20

(D) (1) EACH ELEMENT REQUIRED UNDER THIS SECTION SHALL: 21

(I) INCLUDE AND ADDRESS ALL REQUIRED SUBELEMENTS; 22

(II) BE INFORMED BY RELEV ANT EXISTING AND ANT ICIPATED 23
FUTURE CONDITIONS AND STATE AND LOCAL PLANS; AND 24

(III) IDENTIFY THE NEEDS TO BE ADDRESSED AND THE GOALS TO 25
BE ACHIEVED. 26

HOUSE BILL 243 27

(2) (I) THE PLAN SHAL L INCLUDE A STATEMEN T OF GOALS AND 1
OBJECTIVES, PRINCIPLES, POLICIES, AND STANDARDS. 2

(II) THE STATEMENT SHALL: 3

1. SERVE AS A GUIDE FOR THE DEVELOPMENT AND 4
ECONOMIC AND SOCIAL WELL–BEING OF THE LOCAL JURISDICTION; 5

2. BE INFORMED BY INTER GOVERNMENTAL 6
COORDINATION WITH THE ADJACENT JURISDICTIONS AND RELEVANT REGULATORY 7
AUTHORITIES; AND 8

3. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 9
IDENTIFY STRATEGIES TO BE IMPLEMENTED , INCLUDING APPROPRIAT E 10
RECOMMENDED DEVELOPMENT REGULATIONS, POLICIES, PROGRAMS, AND OTHER 11
MECHANISMS TO ADDRESS THE NEEDS AND GOALS OF THE PLAN. 12

(3) THE DEVELOPMENT REGUL ATION POLICIES , PROGRAMS, AND 13
OTHER MECHANISMS INCLUDED IN THE PLAN SHALL ENCOURAGE: 14

(I) THE USE OF FLEXIBLE DEVELOPMENT REGULATI ONS TO 15
PROMOTE INNOVATIVE AND COST–SAVING SITE DESIGN, IMPLEMENT THE PLANNING 16
PRINCIPLES, AND PROTECT THE ENVIRONMENT; AND 17

(II) WITHIN THE AREAS DES IGNATED FOR GROWTH I N THE 18
PLAN: 19

1. PROMOTE ECONOMIC DEV ELOPMENT THROUGH THE 20
USE OF INNOVATIVE TECHNIQUES; AND 21

2. PROVIDE FOR THE STRE AMLINED REVIEW OF 22
APPLICATIONS FOR DEVELOPMENT, INCLUDING PERMIT REVIEW AND SUBDIVISION 23
PLAT REVIEW. 24

(E) (1) IN PREPARING THE PLAN , THE PLANNING COMMISS ION FOR A 25
LOCAL JURISDICTION MAY REQ UEST THE DEPARTMENT OF PLANNING TO 26
FACILITATE STATE AGENCY ASSISTANCE WITH AVAILABLE DATA AND ANALYSIS. 27

(2) THE DEPARTMENT OF PLANNING SHALL PROVID E GUIDELINES 28
ON HOW TO ADDRESS TH E ELEMENTS REQUIRED UNDER THIS SUBTITLE AND 29
IDENTIFY BEST PRACTICES TO BE CONSIDERED. 30

[3–103. 31
28 HOUSE BILL 243

(a) The development regulations element shall include the planning commission’s 1
recommendation for land development regulations to implement the plan. 2

(b) The development regulations element shall encourage: 3

(1) the use of flexible development regulations to promote innovative and 4
cost–saving site design and protect the environment; and 5

(2) within the areas designated for growth in the plan: 6

(i) economic development through the use of innovative techniques; 7
and 8

(ii) streamlined review of applications for development, including 9
permit review and subdivision plat review.] 10

3–103. 11

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 12
1–201(B)(1) OF THIS ARTICLE, THE LAND ELEMENT SHALL ADDRESS: 13

(1) THE GENERAL DISTRIBU TION, LOCATION, AND EXTENT OF USES 14
OF THE LAND FOR HOUS ING, BUSINESS, INDUSTRY, AGRICULTURE, RECREATION, 15
EDUCATION, PUBLIC BUILDINGS AND GROUNDS, OPEN SPACE , AND OTHE R 16
CATEGORIES OF PUBLIC AND PRIVATE USES OF LAND APPROPRIATE TO THE LOCAL 17
JURISDICTION; 18

(2) DESIRED PATTERNS AND LOCATIONS OF GROWTH CONSIDERING 19
EFFECTIVE AND EFFICI ENT DELIVERY OF COMM UNITY FACILITIES AND PUBLIC 20
SERVICES, AND THE PROTECTION A ND PRESERVATION OF VULNERABLE NATURAL 21
AND HISTORICAL RESOURCES; 22

(3) COMMUNITY FACILITIES IN ACCORDANCE WITH S UBSECTION (D) 23
OF THIS SECTION; AND 24

(4) IF APPLICABLE: 25

(I) MUNICIPAL GROWTH IN ACCORDANCE WITH SUBS ECTION 26
(E) OF THIS SECTION; 27

(II) MINERAL RESOURCES IN ACCORDAN CE WITH SUBSECTION 28
(F) OF THIS SECTION; AND 29

HOUSE BILL 243 29

(III) FISHERIES IN ACCORDANCE WITH SUBSECTION (G) OF THIS 1
SECTION. 2

(B) (1) THE LAND ELEMENT SHAL L BE INFORMED BY THE FOLLOWING 3
STATE PLANS: 4

(I) THE MARYLAND THE BEAUTIFUL PLAN, AS DESCRIBED IN § 5
5–104 OF THE NATURAL RESOURCES ARTICLE; 6

(II) THE MARYLAND LAND PRESERVATION AND RECREATION 7
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 8

(III) THE STATEWIDE HISTORIC PRESERVATION PLAN, AS 9
REQUIRED UNDER THE NATIONAL HISTORIC PRESERVATION ACT. 10

(2) THE DEPARTMENT OF PLANNING SHALL: 11

(I) PROVIDE A LOCAL JURI SDICTION WITH THE BE ST 12
AVAILABLE POPULATION AND DEMOGRAPHIC DATA FROM THE U.S. CENSUS 13
BUREAU AND STATE–LEVEL LAND USE DATA; AND 14

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 15
DATA RELEVANT TO THE PREPARATION OF THE LAND ELEMENT FROM OTHER STATE 16
AND FEDERAL AGENCIES. 17

(C) THE LAND ELEMENT MAY INCLUDE: 18

(1) DESIGNATION OF EXISTING AND PROPOSED LAND USE PATTERNS 19
USING LAND USE MAPS THAT DEPICT THE TYPES OF USES WITH RANGES OF DENSITY 20
OR INTENSITY; 21

(2) IDENTIFICATION OF AR EAS OF FUTURE PLANNE D MIXED –USE 22
DEVELOPMENT FOR WHICH SPECIAL REGULATIONS MAY BE NECESSARY TO ENSURE 23
DEVELOPMENT IN ACCOR D WITH THE PRINCIPLE S AND ST ANDARDS OF THE 24
COMPREHENSIVE PLAN; 25

(3) IDENTIFICATION AND D EPICTION OF HISTORIC DISTRICT 26
BOUNDARIES AND HISTO RICALLY SIGNIFICANT PROPERTIES MERITING 27
PROTECTION; 28

(4) IDENTIFICATION OF AR EAS OF RESOURCE PROT ECTION AND 29
PRESERVATION; AND 30

30 HOUSE BILL 243

(5) THE FOLLOWING PUBLIC AND PRIVATE LAND USES: 1

(I) AGRICULTURAL; 2

(II) COMMERCIAL; 3

(III) FORESTRY, IN ACCORDANCE WITH § 5–101 OF THE 4
NATURAL RESOURCES ARTICLE; 5

(IV) INDUSTRIAL; 6

(V) RECREATIONAL; AND 7

(VI) RESIDENTIAL. 8

(D) (1) THE LAND ELEMENT SHAL L INCLUDE A COMMUNIT Y FACILITIES 9
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 10

(2) ON A SCHEDULE THAT EX TENDS AS FAR INTO TH E FUTURE AS IS 11
REASONABLE, THE COMMUNITY FACILI TIES SUBELEMENT SHAL L PROPOSE THE 12
MOST APPROPRIATE AND DESIRABLE PATTERNS F OR THE GENERAL LOCAT ION, 13
CHARACTER, AND EXTENT OF PUBLIC AND SEMIPUBLIC BUILD INGS, LAND, AND 14
FACILITIES. 15

(3) THE COMMUNITY FACILITIES SUBELEMENT MAY INCLUDE: 16

(I) PLACES OF WORSHIP; 17

(II) (I) FIRE STATIONS; 18

(III) HOSPITALS; 19

(IV) (II) INSTITUTIONS; 20

(V) (III) JAILS; 21

(VI) (IV) LIBRARIES; 22

(VII) (V) PARKS AND RECREATION AREAS; 23

(VIII) (VI) POLICE STATIONS; 24

(IX) (VII) SCHOOLS AND OTHER EDUCATIONAL FACILITIES; 25
HOUSE BILL 243 31

(X) (VIII) CULTURAL FACILITIES; 1

(XI) (IX) SOCIAL WELFARE AND MEDICAL FACILITIES; AND 2

(XII) (X) OTHER PUBLIC OFFICE OR ADMINISTRATIVE 3
FACILITIES. 4

(E) (1) IF THE PLAN COVERS A MUNICIPAL CORPORATIO N, THE LAND 5
ELEMENT SHALL INCLUD E A MUNICIPAL GROWTH SUBELEMENT IN ACCORD ANCE 6
WITH THIS SUBSECTION. 7

(2) THE MUNICIPAL GROWTH SUBELEMENT SHALL INCLUDE: 8

(I) THE MUNICIPAL CORPORATION’S: 9

1. FUTURE MUNICIPAL GRO WTH AREAS OUTSIDE TH E 10
EXISTING CORPORATE LIMITS; 11

2. PAST GROWTH PATTERNS; AND 12

3. CAPACITY OF LAND ARE AS AVAILABLE FOR 13
DEVELOPMENT, REDEVELOPMENT, AND IN–FILL; 14

(II) THE LAND AREA NEEDED TO SATISFY DEMAND FO R 15
DEVELOPMENT AT DENSI TIES CONSISTENT WITH LONG–TERM DEVELOPMENT 16
POLICY; 17

(III) THE RELATIONSHIP OF THE LONG –TERM DEVELOPMENT 18
POLICY TO A VISION OF THE MUNICIPAL CORPORATION’S FUTURE CHARACTER; 19

(IV) RURAL BUFFERS AND TRANSITION AREAS; 20

(V) PROTECTION OF SENSIT IVE AREAS THAT COULD BE 21
IMPACTED BY DEVELOPM ENT PLANNED WITHIN T HE PROPOSED MUNICIPA L 22
GROWTH AREA; 23

(VI) POPULATION GROWTH PROJECTIONS; 24

(VII) PUBLIC SERVICES AND INFRASTRUCTURE NEEDE D TO 25
ACCOMMODATE GROWTH W ITHIN THE PROPOSED M UNICIPAL GROWTH AREA S, 26
INCLUDING THOSE NECESSARY FOR: 27

32 HOUSE BILL 243

1. LIBRARIES; 1

2. RECREATION; 2

3. WATER AND SEWERAGE FACILITIES; 3

4. PUBLIC SAFETY , INCLUDING EMERGENCY MEDICAL 4
RESPONSE; 5

5. STORMWATER MANAGEMEN T SYSTEMS SUFFICIENT 6
TO ENSURE WATER QUALITY BOTH INSIDE AND OUTSIDE THE PROPOSED MUNICIPAL 7
GROWTH AREA; AND 8

6. PUBLIC SCHOOL S SUFFICIENT TO ACCO MMODATE 9
STUDENT POPULATION C ONSISTENT WITH STATE RATED CAPACITY STANDARDS 10
ESTABLISHED BY THE INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION; 11

(VIII) ANY BURDEN ON SERVIC ES AND INFRASTRUCTUR E FOR 12
WHICH THE MUNICIPAL CORPORATION WOULD BE RESPONSIBLE FOR 13
DEVELOPMENT IN AREAS NEAR TO AND OUTSIDE OF THE PROPOSED MUNI CIPAL 14
GROWTH AREA; AND 15

(IX) ANTICIPATED FINANCIN G MECHANISMS TO SUPP ORT 16
NECESSARY PUBLIC SERVICES AND INFRASTRUCTURE. 17

(3) ON REQUEST OF A MUNICIPAL CORPORATION, THE DEPARTMENT 18
OF PLANNING SHALL PROVID E TECHNICAL ASSISTAN CE FOR THE PURPOSES OF 19
DEVELOPING THE MUNIC IPAL GROWTH SUBELEME NT OF THE COMPREHENS IVE 20
PLAN. 21

(F) (1) IF CURRENT GEOLOGICAL INFORMATION IS AVAIL ABLE, THE 22
LAND ELEMENT SHALL I NCLUDE A MINERAL RES OURCES SUBELEMENT IN 23
ACCORDANCE WITH THIS SUBSECTION. 24

(2) THE MINERAL RESOURCES SUBELEMENT SHALL IDENTIFY: 25

(I) UNDEVELOPED LAND THA T SHOULD BE KEPT IN ITS 26
UNDEVELOPED STATE UN TIL THE LAND CAN BE USED TO ASSIST IN PR OVIDING A 27
CONTINUOUS SUPPLY OF MINERALS, AS DEFINED IN § 15–801 OF THE ENVIRONMENT 28
ARTICLE; AND 29

(II) APPROPRIATE POSTEXCAVATION USES FOR THE LAND THAT 30
ARE CONSISTENT WITH THE COUNTY’S LAND PLANNING PROCESS. 31
HOUSE BILL 243 33

(3) THE MINERAL RESOURCES SUBELEMENT SHALL INC ORPORATE 1
LAND USE POLICIES AND RECOMMENDATIONS FOR REGULATIONS TO: 2

(I) BALANCE MINERAL RESO URCE EXTRACTION WITH OTHER 3
LAND USES; AND 4

(II) PREVENT THE PREEMPTI ON OF MINERAL RESOUR CES 5
EXTRACTION BY OTHER USES TO THE EXTENT FEASIBLE. 6

(4) BEFORE THE PLAN IS AD OPTED, THE DEPARTMENT OF THE 7
ENVIRONMENT SHALL REV IEW THE MINERAL RESO URCES SUBELEMENT TO 8
DETERMINE WHETHER THE PROPOSED PLAN IS C ONSISTENT WITH THE PROGRAMS 9
AND GOALS OF THE DEPARTMENT. 10

(G) (1) IF THE LOCAL JURISDICTION IS LOCATED ON THE TIDAL WATERS 11
OF THE STATE, THE LAND ELEMENT SHALL INCLUDE A FISHERIES SUBELEMENT IN 12
ACCORDANCE WITH THIS SUBSECTION. 13

(2) THE FISHERIES SUBELEM ENT SHALL DESIGNATE AREAS ON OR 14
NEAR THE TIDAL WATERS FOR: 15

(I) LOADING, UNLOADING, AND PROCESSING FINFI SH AND 16
SHELLFISH; AND 17

(II) DOCKING AND MOORING COMMERCIAL FISHING BOATS AND 18
VESSELS. 19

(3) THE AREAS DESIGNATED UNDER PARAGRAPH (2) OF THIS 20
SUBSECTION SHALL BE GEOGRAPHICALLY LOCATED TO: 21

(I) FACILITATE THE COMME RCIAL HARVESTING OF FINFISH 22
AND SHELLFISH; AND 23

(II) ENSURE REASONABLE ACCESS TO THE WATERWAYS OF THE 24
STATE BY COMMERCIAL WATERMEN. 25

(H) THE LAND ELEMENT MAY INCLUDE A PRIORITY P RESERVATION AREA 26
SUBELEMENT DEVELOPED IN ACCORDANCE WITH § 2–518 OF THE AGRICULTURE 27
ARTICLE. 28

[3–104. 29

34 HOUSE BILL 243

(a) (1) A sensitive areas element shall include the goals, objectives, principles, 1
policies, and standards designed to protect sensitive areas from the adverse effects of 2
development. 3

(2) A local jurisdiction shall consider wildlife movement and habitat 4
connectivity when enacting, adopting, amending, or executing a plan in accordance with § 5
3–101 of this subtitle. 6

(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 7
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, to 8
be available for the local comprehensive plan review by local jurisdictions required under 9
§§ 1–416(a) and 3–301(a) of this article. 10

(2) The Department of Planni ng shall coordinate with the Department of 11
Natural Resources and the State Highway Administration to provide each local jurisdiction 12
with updated information on habitat connectivity concerns and current and planned 13
wildlife crossings. 14

(c) Before the pla n is adopted, the Department of the Environment and the 15
Department of Natural Resources shall review the sensitive areas element to determine 16
whether the proposed plan is consistent with the programs and goals of the departments.] 17

3–104. 18

(A) IN ADDITION TO IMPLEMENTING THE PLANNING PRINCIPLE I N § 19
1–201(B)(2) OF THIS ARTICLE, THE TRANSPORTATION ELEMENT SHALL ADDRESS: 20

(1) A SAFE , BALANCED TRANSPORTAT ION SYSTEM FOR THE 21
MOVEMENT OF PEOPLE AND GOODS; 22

(2) A RANGE OF SUSTAINAB LE TRANSPORTATION CH OICES FOR 23
FUTURE TRANSPORTATION NEEDS; AND 24

(3) COORDINATION WITH TH E LAND ELEMENT TO EN SURE 25
TRANSPORTATION EFFICIENCY FOR EXISTING AND PLANNED DEVELOPMENT. 26

(B) (1) THE TRANSPORTATION EL EMENT SHALL BE INFOR MED BY THE 27
FOLLOWING STATE PLANS: 28

(I) THE MARYLAND TRANSPORTATION PLAN, AS DESCRIBED 29
IN § 2–103.1 OF THE TRANSPORTATION ARTICLE; 30

(II) THE STATEWIDE 20–YEAR BICYCLE–PEDESTRIAN MASTER 31
PLAN, AS DESCRIBED IN § 2–604 OF THE TRANSPORTATION ARTICLE; AND 32

HOUSE BILL 243 35

(III) THE MARYLAND STATE FREIGHT PLAN, AS REQUIRED 1
UNDER 49 U.S.C. § 70202. 2

(2) THE DEPARTMENT OF TRANSPORTATION SHALL: 3

(I) PROVIDE THE LOCAL JU RISDICTION WITH THE BEST 4
AVAILABLE STATE–LEVEL DATA; AND 5

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 6
DATA RELEVANT TO THE PREPARATION OF THE TRANSPORTATION ELEMENT FROM 7
OTHER STATE AND FEDERAL AGENCIES. 8

(C) THE TRANSPORTATION ELEMENT MAY INCLUDE ALL TYPES OF: 9

(1) AIRWAYS; 10

(2) HIGHWAYS OR STREETS; 11

(3) RAILWAYS; 12

(4) WATERWAYS; 13

(5) ROUTINGS FOR MASS TRANSIT; AND 14

(6) TERMINALS FOR INDIVI DUALS, GOODS, AND VEHICLES RELATED 15
TO AIRWAYS, HIGHWAYS, RAILWAYS, AND WATERWAYS. 16

(D) THE TRANSPORTATION ELEMENT SHALL: 17

(1) PROPOSE, ON A SCHEDULE THAT E XTENDS AS FAR INTO T HE 18
FUTURE AS IS REASONA BLE, THE MOST APPROPRIATE AND DESIRABLE PATTER NS 19
FOR: 20

(I) THE GENERAL LOCATION , CHARACTER, AND EXTENT OF 21
CHANNELS, ROUTES, AND TERMINALS FOR TRANSPORTATION FACILITIES; AND 22

(II) THE CIRCULATION OF INDIVIDUALS AND GOODS; 23

(2) PROVIDE FOR BICYCLE AND PEDESTRIAN ACCES S AND 24
TRAVELWAYS; AND 25

(3) INCLUDE AN ESTIMATE OF THE USE OF ANY PR OPOSED 26
IMPROVEMENT. 27
36 HOUSE BILL 243

[3–105. 1

(a) The transportation element may include all types of: 2

(1) airways; 3

(2) highways or streets; 4

(3) railways; 5

(4) waterways; 6

(5) routings for mass transit; and 7

(6) terminals for individuals, goods, and vehicles related to airways, 8
highways, railways, and waterways. 9

(b) The transportation element shall: 10

(1) propose, on a schedule that extends as far into the future as is 11
reasonable, the most appropriate and desirable patterns for: 12

(i) the general location, character, and extent of channels, routes, 13
and terminals for transportation facilities; and 14

(ii) the circulation of individuals and goods; 15

(2) provide for bicycle and pedestrian access and travelways; and 16

(3) include an estimate of the use of any proposed improvement.] 17

3–105. 18

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20

(2) “AFFIRMATIVELY FURTHER FAIR HOUSING ” HAS THE MEANING 21
STATED IN § 2–401 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 22

(3) “AREA MEDIAN INCOME” HAS THE MEANING STATED IN § 4–1801 23
OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 24

HOUSE BILL 243 37

(4) “LOW–INCOME HOUSING” MEANS HOUSING THAT IS AFFORDABLE 1
FOR A HOUSEHOLD WITH AN AGGREGATE ANNUAL INCOME THAT IS BELOW 60% OF 2
THE AREA MEDIAN INCOME. 3

(5) “WORKFORCE HOUSING” HAS THE MEANING STATED IN § 4–1801 4
OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 5

(B) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 6
1–201(B)(3) OF THIS ARTICLE, THE HOUSING ELEMENT SHALL ADDRESS: 7

(1) THE PROVISION OF AN ADEQUATE SUPPLY OF H OUSING TO 8
ACCOMMODATE ALL CURR ENT AND ANTICIPATED FUTURE RESIDENTS OF THE 9
LOCAL JURISDICTION; 10

(2) THE AGE , STRUCTURAL TYPE , VALUE, AND OCCUPANCY 11
CHARACTERISTICS OF THE LOCAL JURISDICTION’S HOUSING STOCK; 12

(3) THE ELIMINATION OF S UBSTANDARD DWELLING CONDITIONS; 13
AND 14

(4) THE PROVISION OF ADE QUATE SITES FOR FUTU RE HOUSING , 15
INCLUDING AFFORDABLE HOUSING. 16

(C) (1) THE HOUSING ELEMENT SHALL BE INFORMED BY THE MARYLAND 17
HOUSING NEEDS ASSESSMENT & 10–YEAR STRATEGIC PLAN FOLLOWING STATE 18
PLANS: 19

(I) THE FAIR HOUSING CHOICE AND RACIAL AND ECONOMIC 20
HOUSING INTEGRATION REPORT, AS DESCRIBED IN § 2–302 OF THE HOUSING AND 21
COMMUNITY DEVELOPMENT ARTICLE; AND 22

(II) THE STATE OF MARYLAND FIVE YEAR CONSOLIDATED 23
PLAN, AS REQUIRED BY 24 C.F.R. § 91.300. 24

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 25

1. PROVIDE A LOCAL JURI SDICTION WITH THE BE ST 26
AVAILABLE HOUSING DATA FROM THE U.S. CENSUS BUREAU; AND 27

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 28
PROVISION OF DATA RELEVANT TO THE PREPARATION OF THE HOUSING ELEMENT 29
FROM OTHER STATE AND FEDERAL AGENCIES. 30

38 HOUSE BILL 243

(II) THE DEPARTMENT OF HOUSING AND COMMUNITY 1
DEVELOPMENT SHALL PRO VIDE THE LOCAL JURIS DICTION WITH THE BES T 2
AVAILABLE STATE–LEVEL HOUSING DATA. 3

(D) A HOUSING ELEMENT MAY I NCLUDE GOALS , OBJECTIVES, POLICIES, 4
PLANS, AND STANDARDS. 5

(E) A HOUSING ELEMENT SHAL L ADDRESS THE NEED F OR AFFORDABLE 6
HOUSING WITHIN THE LOCAL JURISDICTION, INCLUDING: 7

(1) WORKFORCE HOUSING; AND 8

(2) LOW–INCOME HOUSING. 9

(F) (1) A LOCAL JURISDICTION HAS A DUTY TO AFFIRMATIVELY FURTHER 10
FAIR HOUSING THROUGH THE LOCAL JURISDICTI ON’S HOUSING AND URBAN 11
DEVELOPMENT PROGRAMS. 12

(2) THE HOUSING ELEMENT O F A COMPREHENSIVE PL AN THAT IS 13
ENACTED OR AMENDED O N OR AFTER JANUARY 1, 2023, SHALL INCLUDE AN 14
ASSESSMENT OF FAIR H OUSING TO ENSURE THA T THE LOCAL JURISDIC TION IS 15
AFFIRMATIVELY FURTHERING FAIR HOUSING. 16

(3) ON REQUEST OF A LOCAL JURISDICTION, THE DEPARTMENT OF 17
PLANNING, IN CONSULTATION WITH THE DEPARTMENT OF HOUSING AND 18
COMMUNITY DEVELOPMENT, SHALL PROVIDE TECHNI CAL ASSISTANCE FOR T HE 19
PURPOSE OF DEVELOPING THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN. 20

(4) THIS SUBSECTION DOES NOT REQUIRE A LOCAL JURISDICTION TO 21
TAKE, OR PROHIBIT A LOCAL JURISDICTION FROM TAKING, A SPECIFIC ACTION TO 22
AFFIRMATIVELY FURTHER FAIR HOUSING. 23

[3–106. 24

(a) Considering available data provided by the Department of the Environment, 25
the water resources element shall identify: 26

(1) drinking water and other water resources that will be adequate for the 27
needs of existing and future development proposed in the land use element of the plan; and 28

(2) suitable receiving wa ters and land areas to meet stormwater 29
management and wastewater treatment and disposal needs of existing and future 30
development proposed in the land use element of the plan. 31

HOUSE BILL 243 39

(b) The Department of the Environment shall: 1

(1) provide, on request of a local jurisdiction, technical assistance on the 2
development of the water resources element; and 3

(2) review the water resources element to determine whether the proposed 4
plan is consistent with the programs and goals of the Department reflected in the g eneral 5
water resources program required under § 5–203 of the Environment Article.] 6

3–106. 7

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 8
1–201(B)(4) OF THIS ARTICLE, THE ECONOMY ELEMENT SHALL ADDRESS: 9

(1) THE ECONOMIC BASE , LABOR FORC E CHARACTERISTICS , AND 10
LOCAL ECONOMIC DEVELOPMENT OPPORTUNITIES AND RESOURCES OF THE LOCAL 11
JURISDICTION; 12

(2) THE CATEGORIES OR TY PES OF BUSINESSES AN D INDUSTRIES 13
DESIRED IN THE LOCAL JURISDICTION; AND 14

(3) THE COORDINATION OF INFORMATION ABOUT PO PULATION 15
TRENDS AND CHARACTER ISTICS, NATURAL RESOURCES , COMMUNITY FACILITIES 16
AND SERVICES, TRANSPORTATION, HOUSING, AND LAND USE SO THAT A STRATEGY 17
FOR THE ECONOMIC WEL L–BEING OF THE LOCAL J URISDICTION CAN BE 18
DEVELOPED. 19

(B) (1) THE ECONOMY ELEMENT S HALL BE INFORMED BY THE 20
FOLLOWING STATE PLANS: 21

(I) THE STATE WORKFORCE DEVELOPMENT PLAN, AS 22
REQUIRED UNDER THE F EDERAL WORKFORCE INNOVATION AND OPPORTUNITY 23
ACT FOR A 4–YEAR COMBINED STATE PLAN; AND 24

(II) THE MARYLAND STATE PLAN FOR POSTSECONDARY 25
EDUCATION, AS DESCRIBED IN § 11–105 OF THE EDUCATION ARTICLE. 26

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 27

1. PROVIDE THE LOCAL JU RISDICTION WITH THE BEST 28
AVAILABLE ECONOMIC DEVELOPMENT DATA FROM THE U.S. CENSUS BUREAU; AND 29

40 HOUSE BILL 243

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 1
PROVISION OF DATA RELEVANT TO THE PREPARATION OF THE ECONOMIC ELEMENT 2
FROM OTHER STATE AND FEDERAL AGENCIES. 3

(II) THE DEPARTMENT OF COMMERCE SHALL PROVID E A 4
LOCAL JURISDICTION W ITH THE BEST AVAILAB LE STATE–LEVEL DATA ON 5
ECONOMIC DEVELOPMENT. 6

(III) THE MARYLAND DEPARTMENT OF LABOR SHALL PROVIDE 7
A LOCAL JURISDICTION WITH THE BEST AVAILA BLE STATE–LEVEL DATA ON THE 8
LABOR FORCE. 9

(C) THE ECONOMY ELEMENT MAY INCLUDE: 10

(1) AN ASSESSMENT OF ECO NOMIC SECTORS TO DET ERMINE 11
WHETHER AVAILABLE JO BS ALIGN WITH LOCAL LABOR FORCE CHARACTERISTICS, 12
COMMUTING PATTERNS, AND WAGES PAID, AND WHAT STRATEGIES COULD IMPROVE 13
THE EXISTING ECONOMIC SITUATION; 14

(2) AN ANALYSIS OF EXIST ING LOCAL ECONOMIC DEVELOPMENT 15
PROGRAMS AND TOOLS AND WHAT STRATEGIES ARE NEEDED TO FOSTER ECONOMIC 16
DEVELOPMENT; 17

(3) AN ASSESSMENT OF ECO NOMIC ASSETS , PROBLEMS, AND 18
OPPORTUNITIES OF THE LOCAL ECONOMY IN A R EGIONAL CONTEXT AND WHAT 19
STRATEGIES ARE NEEDE D TO POSI TION THE LOCAL ECONO MY IN THE LARGER 20
REGIONAL CONTEXT; AND 21

(4) AN ASSESSMENT OF COM MUNITY REDEVELOPMENT 22
OPPORTUNITIES AND WHAT STRATEGIES AND PROGRAMS SHOULD BE PURSUED. 23

[3–107. 24

(a) The mineral resources element shall identify: 25

(1) undeveloped land that should be kept in its undeveloped state until the 26
land can be used to assist in providing a continuous supply of minerals, as defined in § 27
15–801(i) of the Environment Article; and 28

(2) appropriate postexcavation uses for the land that are consistent with 29
the county’s land planning process. 30

(b) A mineral resources element shall incorporate land use policies and 31
recommendations for regulations: 32
HOUSE BILL 243 41

(1) to balance mineral resource extraction with other land uses; and 1

(2) to the extent feasible, to prevent the preemption of mineral resources 2
extraction by other uses. 3

(c) Before the plan is adopted, the Department of the Environment shall review 4
the mineral resources element to determine whether the proposed plan is consistent with 5
the programs and goals of the Department.] 6

3–107. 7

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9

(2) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 10
1–701 OF THE ENVIRONMENT ARTICLE. 11

(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STAT ED IN § 12
1–701 OF THE ENVIRONMENT ARTICLE. 13

(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 14
1–701 OF THE ENVIRONMENT ARTICLE. 15

(B) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 16
1–201(B)(5) OF THIS ARTICLE, THE EQUITY ELEMENT SHALL ADDRESS: 17

(1) THE NEEDS OF OVERBUR DENED AND UNDERSERVE D 18
COMMUNITIES IN THE LOCAL JURISDICTION; AND 19

(2) POPULATIONS IN THE L OCAL JURISDICTION TH AT TYPICALLY 20
HAVE NOT PARTICIPATED IN THE PLANNING PROCESS. 21

(C) (1) THE EQUITY ELEMENT SH ALL BE INFORMED BY T HE ANNUAL 22
REPORT OF THE COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE 23
COMMUNITIES, AS DESCRIBED IN § 1–701 OF THE ENVIRONMENT ARTICLE. 24

(2) (I) THE DEPARTMENT OF PLANNING SHALL: 25

1. PROVIDE THE LOCAL JU RISDICTION WITH THE BEST 26
AVAILABLE POPULATION AND DEMOGRAPHIC DATA FROM THE U.S. CENSUS 27
BUREAU; AND 28

42 HOUSE BILL 243

2. FACILITATE, TO THE EXTENT POSSIB LE, THE 1
PROVISION OF DATA RE LEVANT TO THE PREPAR ATION OF THE EQUITY ELEMENT 2
FROM OTHER STATE AND FEDERAL AGENCIES. 3

(II) THE DEPARTMENT OF THE ENVIRONMENT SHALL PROVIDE 4
A LOCAL JURISDICTION WITH DATA ON ENVIRONMENTAL JUSTICE. 5

(D) THE EQUITY ELEMENT MAY INCLUDE POTENTIAL STRATEGIES TO: 6

(1) PROMOTE BROADER CIVI C ENGAGEMENT IN THE PUBLIC 7
DECISION–MAKING PROCESS; 8

(2) REDUCE THE UNIQUE OR COMPOUNDED HEALTH RI SKS IN 9
OVERBURDENED AND UNDERSERVED COMMUNITIES; AND 10

(3) PRIORITIZE IMPROVEMENTS AND PROGRAMS THAT ADDRESS THE 11
NEEDS OF OVERBURDENED AND UNDERSERVED COMMUNITIES. 12

[3–108. 13

(a) On a schedule that extends as far into the future as is reasonable, a 14
community facilities element shall propose the most appropriate and desirable patterns for 15
the general location, character, and extent of public and semipublic buildings, land, and 16
facilities. 17

(b) A community facilities element may include: 18

(1) places of worship; 19

(2) fire stations; 20

(3) hospitals; 21

(4) institutions; 22

(5) jails; 23

(6) libraries; 24

(7) parks and recreation areas; 25

(8) police stations; 26

(9) schools and other educational facilities; 27

HOUSE BILL 243 43

(10) cultural facilities; 1

(11) social welfare and medical facilities; and 2

(12) other public office or administrative facilities.] 3

3–108. 4

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 5
1–201(B)(6) OF THIS ARTICLE, THE RESILIENCE ELEMENT SHALL ADDRESS: 6

(1) THE COORDINATION OF LOCAL PREPAREDNESS E FFORTS TO 7
IDENTIFY POTENTIAL T HREATS FACING THE LO CAL JURISDICTION WIT H THE 8
LONG–TERM STRATEGIES TO A VOID, REDUCE, AND RECOVER FROM CHA NGING 9
CONDITIONS AND ASSOCIATED DISASTERS; AND 10

(2) THE MUTUAL ASSISTANC E NE EDED AMONG STATE AND LOCAL 11
PARTNERS TO RESPOND TO THE CHALLENGES OF CHANGING CONDITIONS AND 12
DISASTERS, INCLUDING HUMAN–CAUSED AND NATURAL H AZARDS, AND TO BUILD , 13
ADVANCE, AND MAINTAIN CAPACITIES RELATED TO QUALITY OF LIFE, HEALTH AND 14
WELL–BEING, DURABLE SYS TEMS, ECONOMIC VITALITY , HUMAN–MADE AND 15
NATURE–BASED INFRASTRUCTURE, AND SUSTAINABLE ENVIRONMENTAL SYSTEMS. 16

(B) (1) THE RESILIENCE ELEMEN T SHALL BE INFORMED BY THE 17
FOLLOWING STATE PLANS: 18

(I) THE STATE RESILIENCE STRATEGY, AS DESCRIBED IN § 19
14–1202 OF THE PUBLIC SAFETY ARTICLE; AND 20

(II) THE STATE OF MARYLAND HAZARD MITIGATION PLAN, AS 21
REQUIRED UNDER 44 C.F.R. PART 201. 22

(2) THE DEPARTMENT OF PLANNING SHALL: 23

(I) PROVIDE A LOCAL JURI SDICTION WITH THE BE ST 24
AVAILABLE POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT, AND HOUSING 25
DATA FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 26

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 27
DATA RELEVANT TO THE PREPARATION OF THE RESILIENCE ELEMENT FROM OTHER 28
STATE AGENCIES. 29

(C) THE RESILIENCE ELEMENT MAY INCLUDE: 30

44 HOUSE BILL 243

(1) AN INVENTORY OF AREA S SUSCEPTIBLE TO A N ATURAL OR 1
HUMAN–CAUSED HAZARD, SUCH AS FLOODING, INCLUDING RIVERINE AND COASTAL 2
FLOODING, SEA–LEVEL RISE, AND COASTAL STORM SURGE, WHICH INVENTORY MAY 3
CONSIDER THE POTENT IAL DISASTER IMPACTS ON INDIVIDUALS , COMMUNITIES, 4
INSTITUTIONS, BUSINESSES, ECONOMIC DEVELOPMENT, PUBLIC INFRASTRUCTURE 5
AND FACILITIES, AND PUBLIC HEALTH, SAFETY, AND WELFARE; 6

(2) AN INVENTORY OF EXIS TING RESILIENCE COND ITIONS THAT 7
PROMOTE RESILIENT PL ANNING, DESIGN, AND DEVELOPMENT, AND THAT MAY BE 8
COORDINATED WITH OTHER JURISDICTIONS AND STATE AGENCIES; AND 9

(3) RECOMMENDED STRATEGIES AND POLICIES: 10

(I) TO PROTECT SUSCEPTIB LE AREAS AND RESOURC ES AND 11
MITIGATE RISKS TO PU BLIC SAFETY , CRITICAL INFRASTRUCT URE, HISTORIC 12
STRUCTURES, PUBLIC INVESTMENTS, AND OTHER COMMUNITY RESOURCES; AND 13

(II) THAT ARE INTENDED TO: 14

1. REDUCE RISKS ASSOCIA TED WITH IDEN TIFIED 15
HAZARDS; 16

2. ADAPT TO CHANGING CONDITIONS; AND 17

3. PROMOTE QUICKER RECOVERY AFTER A DISASTER. 18

[3–109. 19

The areas of critical State concern element shall include the planning commission’s 20
recommendations for the determination, identification, and designation of areas within the 21
local jurisdiction that are of critical State concern.] 22

3–109. 23

(A) IN ADDITION TO IMPLEM ENTING THE PLANNING PRINCIPLE IN § 24
1–201(B)(7) OF THIS ARTICLE, THE PLACE ELEMENT SHALL: 25

(1) PLAN, DESIGN, AND PROGRAM PLAN NEW OR REVITALIZED PUBLIC 26
SPACES TO STRENGTHEN COMMUNITY COHESION WHILE CONTRIBUTING TO PUBLIC 27
HEALTH, CONNECTING PEOPLE WI TH CULTURAL HERITAGE S, CONSERVING 28
NATURAL RESOURCES, IMPROVING RESILIENCE, AND STRENGTHENING THE LOCAL 29
ECONOMY; AND 30

HOUSE BILL 243 45

(2) PROMOTE THE ACTIVE C ARE AND MAINTENANCE OF PUBLIC 1
SPACES BY THE PEOPLE WHO LIVE AND WORK TH ERE, SUPPORTING THE 2
CONTINUATION OF LOCAL WAYS OF LIFE AND CULTURAL MEMORIES. 3

(B) (1) THE PLACE ELEMENT SHA LL BE INFORMED BY TH E FOLLOWING 4
STATE PLANS: 5

(I) THE MARYLAND LAND PRESERVATION AND RECREATION 6
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 7

(II) THE STATEWIDE HISTORIC PRESERVATION PLAN, AS 8
REQUIRED UNDER THE NATIONAL HISTORIC PRESERVATION ACT. 9

(2) THE DEPARTMENT OF PLANNING SHALL: 10

(I) PROVIDE A LOCAL JURI SDICTION WITH THE BE ST 11
AVAILABLE POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT, AND HOUSING 12
DATA FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 13

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 14
DATA RELEVANT TO THE PREPARATION OF THE P LACE ELEMENT FROM OT HER 15
STATE AND FEDERAL AGENCIES. 16

(C) THE PLACE ELEMENT MAY INCLUDE: 17

(1) AN INVENTORY OF GATH ERING PLACES FOR SOC IAL 18
INTERACTIONS AND CENTERS OF ECONOMIC ACTIVITY; 19

(2) AN ANALYSIS OF PUBLIC SPACES TO IDENTIFY THOSE OF UNIQUE 20
CULTURAL AND HISTORICAL SIGNIFICANCE; AND 21

(3) RECOMMENDED STRATEGI ES, POLICIES, AND PROGRAMS TO 22
BUILD SOCIAL COHESION AND COMMUNITY ENGAGEMENT. 23

[3–110. 24

(a) The goals and objective s element shall include a statement of goals and 25
objectives, principles, policies, and standards. 26

(b) The statement shall serve as a guide for the development and economic and 27
social well–being of the local jurisdiction.] 28

3–110. 29

46 HOUSE BILL 243

(A) IN ADDITION TO I MPLEMENTING THE PLAN NING PRINCIPLE IN § 1
1–201(B)(8) OF THIS ARTICLE, THE ECOLOGY ELEMENT SHALL ADDRESS: 2

(1) THE PROTECTION OF TH E ENVIRONMENT AND NA TURAL 3
RESOURCES, INCLUDING AGRICULTURAL RESOURCES, MINERAL RESOURCES, AND 4
WATER AND AIR QUALITY; 5

(2) THE PROTECTION OF SI GNIFICANT ARCHITECTU RAL, SCENIC, 6
CULTURAL, HISTORICAL, OR ARCHAEOLOGICAL RESOURCES; 7

(3) THE CONSERVATION , USE, AND PROTECTION OF NA TURAL 8
RESOURCES; 9

(4) THE PRESERVATION AND ENHANCEMENT OF PRIME 10
AGRICULTURAL LAND AN D STRATEG IES TO ENCOURAGE THE COMPATIBILITY OF 11
LAND USE WITH AGRICULTURAL OPERATIONS; 12

(5) THE PROTECTION OF A RELIABLE SUPPLY OF WATER AND ITS USES 13
AND LIMITATIONS; 14

(6) PREVENTING THE DEGRADATION OF THE ABOVE RESOURCES DUE 15
TO FUTURE DEVELOPMENT PATTERNS PROPOSED IN THE LAND ELEMENT; 16

(7) GREENHOUSE GAS EMISS IONS FROM ANY ADDITI ONAL VEHICLE 17
MILES TRAVELED LIKEL Y TO RESULT FROM FUT URE DEVELOPMENT PATT ERNS 18
PROPOSED IN THE LAND ELEMENT; 19

(8) SENSITIVE AREAS IN ACCORDANCE WITH SUBSECTION (D) OF THIS 20
SECTION; AND 21

(9) WATER RESOURCES IN A CCORDANCE WITH SUBSE CTION (E) OF 22
THIS SECTION. 23

(B) (1) THE ECOLOGY ELEMENT S HALL BE INFORMED BY THE 24
FOLLOWING STATE PLANS: 25

(I) MARYLAND’S CLIMATE POLLUTION REDUCTION PLAN, AS 26
DESCRIBED IN § 2–1205 OF THE ENVIRONMENT ARTICLE; 27

(II) THE MARYLAND LAND PRESERVATION AND RECREATION 28
PLAN, AS DESCRIBED IN § 5–906 OF THE NATURAL RESOURCES ARTICLE; AND 29

HOUSE BILL 243 47

(III) THE STATEWIDE COMPREHENSIVE OUTDOOR RECREATION 1
PLAN, AS REQUIRED UNDER TH E FEDERAL LAND AND WATER CONSERVATION 2
FUND ACT OF 1965. 3

(2) THE DEPARTMENT OF PLANNING SHALL: 4

(I) PROVIDE A LOCAL JURI SDICTION WITH THE BE ST 5
AVAILABLE POPULATION, DEMOGRAPHIC, ECONOMIC DEVELOPMENT, AND HOUSING 6
DATA FROM THE U.S. CENSUS BUREAU AND OTHER STANDARD SOURCES; AND 7

(II) FACILITATE, TO THE EXTENT POSSIBLE, THE PROVISION OF 8
DATA RELEVANT TO THE PREPARATION OF THE E COLOGY ELEMENT FROM OTHER 9
STATE AND FEDERAL AGENCIES. 10

(C) THE ECOLOGY ELEMENT MAY INCLUDE: 11

(1) AN INVENTORY OF NATU RAL, HISTORICAL, AND 12
ENVIRONMENTALLY SENSITIVE RESOURCES; 13

(2) AN EVALUATION OF THE ISSUES, PROBLEMS, AND OPPORTUNITIES 14
ASSOCIATED WITH THE RESOURCES; AND 15

(3) STRATEGIES AND POLIC IES FOR THE APPROPRI ATE USE , 16
PRESERVATION AND PRO TECTION OF THESE RES OURCES THAT ARE CONS ISTENT 17
WITH THE STRATEGIES AND POLICIES ESTABLISHED FOR OTHER PLAN ELEMENTS. 18

(D) (1) THE ECOLOGY ELEMENT S HALL INCLUDE A SENSI TIVE AREAS 19
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 20

(2) THE SENSITIVE AREAS SUBELEMENT SHALL: 21

(I) INCLUDE GOALS, OBJECTIVES, PRINCIPLES, POLICIES, AND 22
STANDARDS DESIGNED T O PROTECT SENSITIVE AREAS FROM THE ADVER SE 23
EFFECTS OF DEVELOPMENT; 24

(II) BE INFORMED BY CURRE NT STATE AND FEDERAL 25
REQUIREMENTS REGARDING THE PROTECTION OF SENSITIVE AREAS; AND 26

(III) INDICATE WHAT ADDITI ONAL ME ASURES, IF ANY , THE 27
LOCAL JURISDICTION P ROPOSES TO IMPLEMENT BEYOND THE REQUIREME NTS 28
DESCRIBED IN ITEM (II) OF THIS PARAGRAPH. 29

48 HOUSE BILL 243

(3) A LOCAL JURISDICTION S HALL CONSIDER WILDLIFE MOVEMENT 1
AND HABITAT CONNECTI VITY WHEN ENACTING , ADOPTING, AMENDING, OR 2
EXECUTING A PLAN IN ACCORDANCE WITH § 3–101 OF THIS SUBTITLE. 3

(4) (I) THE DEPARTMENT OF NATURAL RESOURCES SHALL 4
PROVIDE A LOCAL JURI SDICTION WITH A STAT EWIDE FOREST RESOURC E 5
INVENTORY AT LEAST E VERY 5 YEARS, TO BE AVAILABLE FOR THE LOCAL 6
COMPREHENSIVE PL AN REVIEW BY LOCAL J URISDICTIONS REQUIRE D UNDER § 7
3–301(A) OF THIS TITLE. 8

(II) THE DEPARTMENT OF PLANNING SHALL COORDI NATE 9
WITH THE DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 10
ADMINISTRATION TO PRO VIDE EACH LOCAL JURI SDICTION WITH UPDATE D 11
INFORMATION ON HABITAT CONNECTIVITY CONCERNS AND CURRENT AND PLANNED 12
WILDLIFE CROSSINGS. 13

(5) BEFORE THE PLAN IS AD OPTED, THE DEPARTMENT OF THE 14
ENVIRONMENT AND THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIE W 15
THE SENSITIVE AREAS SUBELEMENT TO DETERM INE WHETHER THE PROP OSED 16
PLAN IS CONSISTENT WITH THE PROGRAMS AND GOALS OF THE DEPARTMENTS. 17

(E) (1) THE ECOLOGY ELEMENT S HALL INCLUDE A WATER RESOURCES 18
SUBELEMENT IN ACCORDANCE WITH THIS SUBSECTION. 19

(2) CONSIDERING AVAILABLE DATA PROVIDED BY THE DEPARTMENT 20
OF THE ENVIRONMENT, THE WATER RESOURCES SUBELEMENT SHALL IDENTIFY: 21

(I) DRINKING WATER AND O THER WATER RESOURCES THAT 22
WILL BE ADEQUATE FOR THE NEEDS OF EXISTIN G AND FUTURE DEVELOP MENT 23
PROPOSED IN THE LAND ELEMENT OF THE PLAN; AND 24

(II) SUITABLE RECEIVING W ATERS AND LAND AREAS TO MEET 25
STORMWATER MANAGEMENT AND WASTEWATER TREATMENT AND DISPOSAL NEEDS 26
OF EXISTING AND FUTURE DEVELOPMENT PROPOSED IN THE LAND ELEMENT OF THE 27
PLAN. 28

(3) THE DEPARTMENT OF THE ENVIRONMENT SHALL: 29

(I) PROVIDE, ON REQUEST OF A LOCA L JURISDICTION , 30
TECHNICAL ASSISTANCE ON THE DEVELOPMENT O F THE WATER RESOURCES 31
SUBELEMENT; AND 32

HOUSE BILL 243 49

(II) REVIEW THE WATER RES OURCES SUBELEMENT TO 1
DETERMINE WHETHER THE PROPOSED PLAN IS C ONSISTENT WITH THE PROGRAMS 2
AND GOALS OF THE DEPARTMENT OF THE ENVIRONMENT REFLECTED IN THE 3
GENERAL WATER RESOUR CES PROGRAM REQUIRE D UNDER § 5–203 OF THE 4
ENVIRONMENT ARTICLE. 5

[3–111. 6

(a) On a schedule that extends as far into the future as is reasonable, the land 7
use element shall propose the most appropriate and desirable patterns for the general 8
location, character, extent, and interrelationship of the uses of public and private land. 9

(b) The land use element may include the following public and private land uses: 10

(1) agricultural; 11

(2) commercial; 12

(3) forestry, in accordance with § 5–101 of the Natural Resources Article; 13

(4) industrial; 14

(5) recreational; and 15

(6) residential.] 16

[3–112. 17

(a) The municipal growth element shall include: 18

(1) the municipal corporation’s: 19

(i) future municipal growth areas outside the existing corporate 20
limits; 21

(ii) past growth patterns; 22

(iii) capacity of land areas available for development, redevelopment, 23
and in–fill; 24

(2) the land area needed to satisfy demand for development at densities 25
consistent with long–term development policy; 26

(3) the relationship of the long–term development policy to a vision of the 27
municipal corporation’s future character; 28

50 HOUSE BILL 243

(4) rural buffers and transition areas; 1

(5) protection of sensitive areas that could be impacted by development 2
planned within the proposed municipal growth area; 3

(6) population growth projections; 4

(7) public services and infrastructure needed to accommodate growth 5
within the proposed municipal growth areas, including those necessary for: 6

(i) libraries; 7

(ii) recreation; 8

(iii) water and sewerage facilities; 9

(iv) public safety, including emergency medical response; 10

(v) stormwater management systems sufficient to ensure water 11
quality both inside and outside the proposed municipal growth area; and 12

(vi) public s chools sufficient to accommodate student population 13
consistent with State rated capacity standards established by the Interagency Commission 14
on School Construction; 15

(8) any burden on services and infrastructure for which the municipal 16
corporation would be responsible for development in areas near to and outside of the 17
proposed municipal growth area; and 18

(9) anticipated financing mechanisms to support necessary public services 19
and infrastructure. 20

(b) On request of a municipal corporation, the Depa rtment of Planning shall 21
provide technical assistance for the purposes of developing the municipal growth element 22
of the comprehensive plan.] 23

[3–113. 24

(a) The planning commission of a county that is located on the tidal waters of the 25
State shall designate in the comprehensive plan areas on or near the tidal waters for: 26

(1) loading, unloading, and processing finfish and shellfish; and 27

(2) docking and mooring commercial fishing boats and vessels. 28

(b) The areas designated under subsection (a) of this section shall be 29
geographically located to: 30
HOUSE BILL 243 51

(1) facilitate the commercial harvesting of finfish and shellfish; and 1

(2) ensure reasonable access to the waterways of the State by commercial 2
watermen.] 3

[3–114. 4

(a) (1) In this section the following words have the meanings indicated. 5

(2) “Affirmatively further fair housing” has the meaning stated in § 2–401 6
of the Housing and Community Development Article. 7

(3) “Area median income” has the meaning stated in § 4 –1801 of the 8
Housing and Community Development Article. 9

(4) “Low–income housing” means housing that is affordable for a household 10
with an aggregate annual income that is below 60% of the area median income. 11

(5) “Workforce housing” has the meaning stated in § 4–1801 of the Housing 12
and Community Development Article. 13

(b) A housing element may include goals, objectives, policies, plans, and 14
standards. 15

(c) A housing element shall address the need for affordable housing within the 16
local jurisdiction, including: 17

(1) workforce housing; and 18

(2) low–income housing. 19

(d) (1) Local jurisdictions have a duty to affirmatively further fair housing 20
through their housing and urban development programs. 21

(2) The housing element of a comprehensive plan that is enacted or 22
amended on or after January 1, 2023, shall include an assessment of fair housing to ensure 23
that the local jurisdiction is affirmatively furthering fair housing. 24

(3) On request of a local jurisdiction, the Department of Planning, in 25
consultation with the Department of Housing and Community Development, shall provide 26
technical assistance for the purpose of developing the housing element of the 27
comprehensive plan. 28

(4) This subsection does not require a local jurisdiction to take, or prohibit 29
a local jurisdiction from taking, a specific action to affirmatively further fair housing.] 30

52 HOUSE BILL 243

3–206. 1

(a) (1) When developing a municipal growth [element] SUBELEMENT of the 2
comprehensive plan, a municipal corporation shall consult with the counties in which the 3
municipal corporation is located. 4

(2) A municipal corporation shall provide a copy of a municipal growth 5
[element] SUBELEMENT to the counties in which the municipal corporation is located 6
before approval of the element. 7

(b) (1) The municipal corporation shall accept comments from the counties for 8
30 days after providing a copy of the municipal growth [element] SUBELEMENT to the 9
counties in which the municipal corporation is located. 10

(2) Within 30 days following the close of the comment period under 11
paragraph (1) of this subsection, the counties and the municipal corporation shall meet and 12
confer regarding the municipal growth [element] SUBELEMENT. 13

(3) On request of either party, the county and the municipal corporation 14
shall employ an appropriat e mediation and conflict resolution service to facilitate the 15
meeting and conferral under this subsection. 16

(c) (1) A municipal corporation and the counties in which the municipal 17
corporation is located may enter into a joint planning agreement in order to coordinate 18
implementation of a municipal growth [element] SUBELEMENT. 19

(2) A joint planning agreement shall consider the municipal growth 20
[element] SUBELEMENT required under Subtitle 1 of this title. 21

SECTION 3. AND BE IT FURTHER ENACTED, That the publisher of the 22
Annotated Code of Maryland, in consultation with and subject to the approval of the 23
Department of Legislative Services, shall correct, with no further action required by the 24
General Assembly, cross –references and terminology rendered incor rect by this Act. The 25
publisher shall adequately describe any correction that is made in an editor’s note following 26
the section affected. 27

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
apply only prospectively and may not be applied or interpreted to have any effect on or 29
application to a county or municipal corporation that amends, revises, readopts, or modifies 30
a comprehensive plan, or that begins the process of amending, revising, readopting, or 31
modifying a comprehensive plan, before the effective date of this Act. 32

SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
October 1, 2026. 34