Land Use - Definitions and Boards of Appeals

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0733*

SENATE BILL 733
L6 6lr2095

By: Senator M. Washington
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Land Use – Definitions and Boards of Appeals 2

FOR the purpose of altering certain definitions and defining certain terms applicable to 3
land use; altering requirements for the appointment and removal of members of a 4
board of appeals; altering and repealing certain powers of a board of appeals; altering 5
the procedures applicable to certain proceedings before a board of appeals; and 6
generally relating to land use. 7

BY repealing and reenacting, with amendments, 8
Article – Land Use 9
Section 1–101, 4–301, 4–302, and 4–306 10
Annotated Code of Maryland 11
(2012 Volume and 2025 Supplement) 12

BY repealing 13
Article – Land Use 14
Section 4–304 and 4–305 15
Annotated Code of Maryland 16
(2012 Volume and 2025 Supplement) 17

BY adding to 18
Article – Land Use 19
Section 4–302.1, 4–304, and 4–305 20
Annotated Code of Maryland 21
(2012 Volume and 2025 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24

Article – Land Use 25

2 SENATE BILL 733

1–101. 1

(a) In this division the following words have the meanings indicated. 2

(b) “Adaptive reuse” means a change granted by a legislative body under § 4–207 3
of this article to the use restrictions in a zoning classification, as those restrictions ar e 4
applied to a particular improved property. 5

(C) “BOARD OF APPEALS” MEANS AN INDEPENDENT, QUASI–JUDICIAL BODY 6
THAT INTERPRETS AND APPLIES LOCAL ZONING , LICENSING, AND LAND –USE 7
ORDINANCES. 8

[(c)] (D) “Charter county” means a county that has adopted charter home rule 9
under Article XI–A of the Maryland Constitution. 10

[(d)] (E) “Code county” means a county that has adopted code home rule under 11
Article XI–F of the Maryland Constitution. 12

[(e)] (F) “County” means a county of the State or Baltimore City. 13

[(f)] (G) (1) “Development” means an activity that materially affects the 14
[existing] PHYSICAL condition [or use of any land or structure] OF LAND, WATER, OR AIR, 15
INCLUDING MODIFICATIONS TO STRUCTURES, UTILITIES, OR NATURAL FEATURES. 16

(2) “Development” does not include a normal agricultural activity. 17

(H) “DEVELOPMENT RIGHTS ” MEANS THE RIGHT S TO USE , CONTROL, 18
PRESERVE, OR DEVELOP LAND, WHETHER OR NOT EXERCISED, AS AUTHORIZED BY 19
STATE OR LOCAL LAW OR APPLICABLE LAND USE OR ZONING REGULATIONS. 20

[(g)] (I) (1) “Legislative body” means the elected body of a local jurisdiction. 21

(2) “Legislative body” includes: 22

(i) the board of county commissioners; 23

(ii) the county council; and 24

(iii) the governing body of a municipal corporation. 25

[(h)] (J) (1) “Local executive” means the chief executive of a local jurisdiction. 26

(2) “Local executive” includes: 27

(i) the board of county commissioners; 28

SENATE BILL 733 3

(ii) the county executive; 1

(iii) the executive head; and 2

(iv) the mayor. 3

[(i)] (K) “Local jurisdiction” means a county or municipal corporation and the 4
territory within which its powers may be exercised. 5

[(j)] (L) (1) “Local law” means an enactment of the legislative body of a local 6
jurisdiction, whether by ordinance, resolution, or otherwise. 7

(2) “Local law” does not include a public local law. 8

(M) “PERMIT” MEANS AN OFFICIAL DOCUMENT OR AUTHORIZATION FROM A 9
STATE OR LOCAL GOVERN MENT UNIT TO PERFORM A SPECIFIC DEVELOPME NT 10
ACTIVITY SUBJECT TO EXPIRATION DATES AND CERTAIN CONDITIONS F OR 11
APPROVAL, REVOCATION, AND RENEWAL. 12

[(k)] (N) “Person” means an individual, receiver, trustee, guardian, personal 13
representative, fiduciary, representative of any kind, partnership, firm, association, 14
corporation, limited liability company, or other entity. 15

[(l)] (O) (1) “Plan” means the policies, statements, goals, and interrelated 16
plans for private and public land use, transportation, and community facilities documented 17
in texts and maps that constitute the guide for an area’s future development. 18

(2) “Plan” includes a general plan, master plan, comprehensive plan, 19
functional plan, or community plan adopted in accordance with Subtitle 4 of this title and 20
Title 3 of this article. 21

[(m)] (P) “Priority funding area” has the meaning stated in § 5 –7B–02 o f the 22
State Finance and Procurement Article. 23

[(n)] (Q) (1) “Regulation” means a rule of general applicability and future 24
effect. 25

(2) “Regulation” includes a map or plan. 26

(R) “RESIDENT” MEANS A PERSON WHO EXERCISES THE RI GHT OF 27
OCCUPANCY OR LIVES I N A DWELLING UNIT LOCATED WITHIN A SPECIFIC ZO NING 28
DISTRICT OR STATE OR LOCAL JURISDICTION THAT IS SUBJECT TO SPECIFIC LAWS, 29
ORDINANCES, AND CODES. 30

[(o)] (S) “Sensitive area” includes: 31

4 SENATE BILL 733

(1) a stream or wetland, and its buffers; 1

(2) a 100–year flood plain; 2

(3) a habitat of a threatened or endangered species; 3

(4) a steep slope; 4

(5) agricultural or forest land intended for resource protection or 5
conservation; and 6

(6) any other area in need of special protection, as determined in a plan. 7

[(p)] (T) “Special exception” means a grant of a specific use that: 8

(1) would not be appropriate generally or without restriction; and 9

(2) shall be based on a finding that: 10

(i) the requirements of the zoning law governing the special 11
exception on the subject property are satisfied; and 12

(ii) the use on the subject property is consistent with the plan and is 13
compatible with the existing neighborhood. 14

[(q)] (U) (1) Except as provided in paragraph (2) of this subsection, “state” 15
means: 16

(i) a state, possession, territory, or commonwealth of the United 17
States; or 18

(ii) the District of Columbia. 19

(2) When capitalized, “State” means Maryland. 20

[(r)] (V) (1) “Subdivision” means: 21

(i) the process and configuration of land by which one or more lots, 22
tracts, or parcels of land are divided, consolidated, or established as one or more lots or 23
parcels, or other divisions of land, consistent with criteria established by the legislative 24
body of the local jurisdiction; or 25

(ii) the land so subdivided. 26

(2) “Subdivision” includes resubdivision. 27

SENATE BILL 733 5

[(s)] (W) “Variance” means a modification only of density, bulk, dimensional, or 1
area requirements in the zoning law that is not contrary to the public interest, and where, 2
owing to conditions peculiar to the property and not because of any action taken by the 3
applicant, a literal enforcement of the zoning law would result in unnecessary hardship or 4
practical difficulty, as specified in the zoning law. 5

[(t)] (X) (1) “Zoning law” means the legislative implementation of 6
regulations for zoning by a local jurisdiction UNDER AUTHORITY GRAN TED BY TH IS 7
ARTICLE. 8

(2) “Zoning law” includes [a zoning ordinance, zoning regulation, zoning 9
code, and any similar legislative action to implement zoning controls in a local jurisdiction] 10
AN ORDINANCE, A REGULATION, A CODE, OR AN ADMINISTRATIVE PROCEDURE FOR 11
PLANNING, PERMITTING, OR DECISION MAKING UNDER THIS ARTICLE. 12

4–301. 13

(a) [A] THE legislative body OF EACH LOCAL JURISDICTION shall [provide for 14
the appointment of] ESTABLISH a board of appeals. 15

(b) [The] A MEMBER OF A legislative body may not serve [as] ON the board of 16
appeals FOR THE LOCAL JURISD ICTION FOR WHICH THE INDIVIDUAL IS A MEMBER 17
OF THE LEGISLATIVE BODY. 18

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 19
THE MEMBERS OF A BOARD OF APPEALS SHALL BE APPOINTED BY: 20

(I) THE LEGISLATIVE BODY; OR 21

(II) THE PERSON DESIGNATED AS THE APPOINTING AUTHORITY 22
IN THE LOCAL LAW ESTABLISHING THE BOARD OF APPEALS. 23

(2) IF THERE IS A SINGLE ELECTED LOCAL EXECUT IVE, THE 24
MEMBERS OF THE BOARD OF APPEALS SHALL BE APPOINTED BY THE LOC AL 25
EXECUTIVE AND CONFIRMED BY THE LEGISLATIVE BODY. 26

4–302. 27

(a) [A] EACH board of appeals [consists] SHALL CONSIST of at least three 28
members. 29

[(b) A member of a board of appeals shall be appointed by the local executive and 30
confirmed by the legislative body.] 31

[(c)] (B) The term of office of a member of a board of appeals is 3 years. 32
6 SENATE BILL 733

[(d) (1) A member of a board of appeals may be removed by the local executive 1
for: 2

(i) incompetence; 3

(ii) misconduct; or 4

(iii) in the same manner as for a member of a State board or 5
commission: 6

1. failure to attend meetings under § 8 –501 of the State 7
Government Article; or 8

2. conviction of a crime in accordance with § 8 –502 of the 9
State Government Article. 10

(2) The local executive shall provide to the member: 11

(i) a written statement of charges stating the grounds for removal; 12
and 13

(ii) an opportunity for a public hearing to contest the charges. 14

(e) The appointing authority shall appoint a new member to fill the unexpired 15
term of any member who leaves a board of appeals. 16

(f) (1) A legislative body shall designate one or more alte rnate members for 17
the board of appeals who may sit on the board when another member of the board is absent 18
or recused. 19

(2) When an alternate member is absent or recused, the legislative body 20
may designate a temporary alternate.] 21

4–302.1. 22

(A) A MEMBER OF A BOARD OF APPEAL S MAY BE REMOVED BY THE LOCAL 23
EXECUTIVE IN THE MANNER PROVIDED UNDER § 8–502 OR § 10–1701 OF THE STATE 24
GOVERNMENT ARTICLE FOR THE REMOVAL OF A MEMBER OF A STATE BOARD OR 25
COMMISSION. 26

(B) THE LOCAL EXECUTIVE SHALL PROVIDE TO THE MEMBER: 27

(1) A WRITTEN STATEMENT OF CHARGES STATING THE GROUNDS FOR 28
REMOVAL; AND 29

SENATE BILL 733 7

(2) AN OPPORTUNITY FOR A PUBLIC HEARING TO CO NTEST THE 1
CHARGES. 2

(C) THE APPOINTING AUTHORITY SHALL APPOINT A NEW MEMBER TO FILL 3
THE UNEXPIRED TERM OF ANY MEMBER WHO LEAVES A BOARD OF APPEALS. 4

(D) A LEGISLATIVE BODY SHA LL DESIGNATE ONE OR MORE ALTERNATE 5
MEMBERS FOR THE BOAR D OF APPEALS WHO MAY SIT ON THE BOARD WHE N 6
ANOTHER MEMBER OF THE BOARD IS ABSENT OR RECUSED. 7

(E) WHEN AN ALTERNATE MEM BER IS ABSENT OR REC USED, THE 8
LEGISLATIVE BODY MAY DESIGNATE A TEMPORARY ALTERNATE. 9

[4–304. 10

(a) A board of appeals shall adopt rules in accordance with any local law adopted 11
under this division. 12

(b) A member of a board of appeals shall recuse himself or herself from 13
participating in a matter in which the member may have a conflict of interest or an 14
appearance of a conflict of interest. 15

(c) (1) (i) A board of appeals shall make a recording of all proceedings with 16
a contemporaneous written record showing the vote of each member on each question or 17
the member’s absence or failure to vote. 18

(ii) 1. A board of appeals shall immediately file the recording of 19
its proceedings in the office of the board. 20

2. The recording shall be a public record. 21

(2) If a recording or a transcript of a recording is not prepared in the normal 22
course of the board’s proceedings, the party who requests a copy of the recording or its 23
transcript shall pay the cost of preparing the recording or transcript.] 24

4–304. 25

A BOARD OF APPEALS ESTABLISHED UNDER THIS SUBTITLE SHALL: 26

(1) HEAR APPEALS CONCERNI NG ANY ORDER , REQUIREMENT, 27
IMPLEMENTATION MECHA NISM, DECISION, OR DETERMINATION MAD E BY AN 28
ADMINISTRATIVE OFFIC ER OR UNIT UNDER A L OCAL JURISDICTION ’S ZONING 29
AUTHORITY, INCLUDING THE GRANTING OR DENYIN G OF A VARIANCE OR S PECIAL 30
EXCEPTION TO THE TERMS OF THE LAND USE LAWS, ORDINANCES, PROCEDURES, OR 31
REQUIREMENTS UNDER THIS ARTICLE; AND 32
8 SENATE BILL 733

(2) RENDER FINDINGS AND DECISIONS ON APP EALS RELATED TO 1
ZONING, LICENSES, AND PERMITS AND EXECUTIV E, ADMINISTRATIVE, AND 2
ADJUDICATORY ORDERS. 3

[4–305. 4

A board of appeals may: 5

(1) hear and decide appeals when it is alleged that there is an error in any 6
order, requirement, decision, or determination made by an administrative officer or unit 7
under this division or of any local law adopted under this division; 8

(2) hear and decide special exceptions to the terms of a local law on which 9
the board is required to pass under the local law; and 10

(3) authorize on appeal in specific cases a variance from the terms of a local 11
law.] 12

4–305. 13

(A) A BOARD OF APPEALS SHA LL ADOPT RULES IN AC CORDANCE WITH A 14
LOCAL LAW ADOPTED UNDER THIS DIVISION. 15

(B) A MEMBER OF A BOARD OF APPEALS SHALL RECUSE THEMSELVES FROM 16
PARTICIPATING IN A M ATTER IN WHICH THE M EMBER MAY HAVE A CON FLICT OF 17
INTEREST OR AN APPEARANCE OF A CONFLICT OF INTEREST. 18

(C) (1) A BOARD OF APPEALS SHA LL MAKE A RECORDING OF ALL 19
PROCEEDINGS WITH A CONTEMPORANEOUS WRITTEN RECORD SHOWING THE VOTE 20
OF EACH MEMBER ON EACH QUESTION OR THE MEMBER’S ABSENCE OR FAILURE TO 21
VOTE. 22

(2) (I) A BOARD OF APPEALS SHA LL IMMEDIATELY FILE THE 23
RECORDING OF ITS PROCEEDINGS IN THE OFFICE OF THE BOARD. 24

(II) THE RECORDING SHALL BE A PUBLIC RECORD. 25

4–306. 26

(a) An appeal UNDER THIS TITLE OR TITLE 3 OF THIS ARTICLE to the board of 27
appeals may be filed by: 28

(1) a person OR RESIDENT aggrieved by a decision of the administrative 29
officer or unit; or 30
SENATE BILL 733 9

(2) an officer or unit of the jurisdiction affected by a decision of the 1
administrative officer or unit. 2

(b) A person OR RESIDENT shall file an appeal within[, a reasonable time ] 30 3
DAYS AS provided by the rules [of] ADOPTED AND PUBLISHED BY the board of appeals 4
[by filing with the administrative officer or unit from whose action the appeal is taken and 5
with the board of appeals a notice of appeal specifying the grounds of the appeal]. 6

(c) (1) [The administrative officer or unit from whose action the appeal is 7
taken shall transmit promptly to the board all papers constituting the record of the action 8
appealed] A NOTICE OF INTENT TO APPEAL SHALL BE FILED IN WRITING AND 9
TRANSMITTED TO THE BOARD OF APPEALS. 10

(2) THE NOTICE SHALL SPEC IFY THE ORDER, REQUIREMENT, 11
IMPLEMENTATION MECHANISM, DECISION, OR DETERMINATION BEI NG APPEALED 12
AND THE GROUNDS OF THE APPEAL. 13

(3) THE BOARD OF APPEALS SHALL TRANSMIT THE NOTICE WITHIN 5 14
DAYS OF RECEIPT TO T HE ADMINISTRATIVE OF FICER OR UNIT WHOSE ACTION IS 15
BEING APPEALED. 16

(d) [(1) Except as provided in paragraph (2) of this subsection, an ] AN appeal 17
to a board of appeals stays all proceedings in furtherance of the [action] ORDER, 18
REQUIREMENT, IMPLEMENTATION MECHA NISM, DECISION, OR DETERMINATION 19
BEING appealed. 20

[(2) If an administrative officer or unit certifies to the board of appeals facts 21
stated in the certificate that indicate to the administrative officer or unit that a stay would 22
cause imminent peril to life or property, the board of appeals or the circuit court may stay 23
the proceedings: 24

(i) only for good cause shown; and 25

(ii) through issuing a restraining order after notice is given to the 26
administrative officer or unit.] 27

(e) (1) A board of appeals shall: 28

(i) establish a reasonable time for the hearing of an appeal; 29

(ii) give public notice of the existence of the appeal and of the 30
hearing; 31

10 SENATE BILL 733

(iii) give due notice to the parties in interest and to other persons 1
entitled to notice under local law or the rules of the board of appeals; and 2

(iv) decide the appeal within a reasonable time. 3

(2) At a hearing, a party may: 4

(i) appear in person; or 5

(ii) be represented by an agent or attorney. 6

(f) [(1)] A board of appeals may, in conformity with this division: 7

[(i)] (1) wholly or partly reverse the order, requirement, or 8
decision that is the subject of the appeal; OR 9

[(ii)] (2) wholly or partly affirm the order, requirement, or decision 10
that is the subject of the appeal[; 11

(iii) modify the order, requirement, or decision that is the subject of 12
the appeal; or 13

(iv) issue a new order, requirement, or decision]. 14

[(2) The board of appeals shall have all the powers of the administrative 15
officer or unit from whose action the appeal is taken.] 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2026. 18