Maryland HB 394: Maryland-National Capital Park and Planning Commission - Mandatory Referral Review PG/MC 101-20

Bill Text

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.
*hb0394*

HOUSE BILL 394
L5 0lr0407
HB 859/19 – ENT
By: Prince George’s County Delegation and Montgomery County Delegation
Introduced and read first time: January 22, 2020
Assigned to: Environment and Transportation
Committee Report: Favorable
House action: Adopted
Read second time: March 9, 2020

CHAPTER ______

AN ACT concerning 1

Maryland–National Capital Park and Planning Commission – Mandatory 2
Referral Review 3

PG/MC 101–20 4

FOR the purpose of establishing that a certain referral to the Maryland–National Capital 5
Park and Planning Commission is deemed approved under certain circumstances 6
only if there is a complete submission that can be adequately reviewed by the 7
Commission; requiring the Commission to notify a certain submitting entity within 8
a certain period of time regarding whether a certain submission or amendment to a 9
submission is complete and accepted or rejected as incomplete; requiring the 10
Commission to provide certain information to a submitting entity under certain 11
circumstances; requiring the Commission to act on a certain amended submission 12
within a certain period of time; authorizing a submitting entity to give certain notice 13
to the Commission that the entity is unable to provide certain additional information 14
on a certain submission through reasonable means under certain circumstances; 15
requiring the Commission to consider a certain submission as complete and take 16
certain action within a certain period of time; defining a certain term; and generally 17
relating to the Maryland–National Capital Park and Planning Commission and 18
mandatory referral review. 19

BY repealing and reenacting, without amendments, 20
Article – Land Use 21
Section 20–301 22
Annotated Code of Maryland 23

2 HOUSE BILL 394

(2012 Volume and 2019 Supplement) 1

BY repealing and reenacting, with amendments, 2
Article – Land Use 3
Section 20–304 4
Annotated Code of Maryland 5
(2012 Volume and 2019 Supplement) 6

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8

Article – Land Use 9

20–301. 10

Subject to §§ 20–303 and 20–304 of this subtitle, a public board, public body, or public 11
official may not conduct any of the following activities in the regional district unless the 12
proposed location, character, grade, and extent of the activity is referred to and approved 13
by the Commission: 14

(1) acquiring or selling land; 15

(2) locating, constructing, or authorizing: 16

(i) a road; 17

(ii) a park; 18

(iii) any other public way or ground; 19

(iv) a public building or structure, including a federal building or 20
structure; or 21

(v) a publicly owned or privately owned public utility; or 22

(3) changing the use of or widening, narrowing, extending, relocating, 23
vacating, or abandoning any facility listed in item (2) of this section. 24

20–304. 25

(A) IN THIS SECTION, “COMPLETE SUBMISSION” MEANS AN EXPLANATORY 26
NARRATIVE ACCOMPANIED BY ENGINEERING OR ARCHITECTURAL DRAWINGS THAT 27
DEPICT THE PROPOSED LOCATION, CHARACTER, GRADE, AND EXTENT OF THE 28
ACTIVITY SUBJECT TO A MANDATORY REFERRAL. 29

(B) Unless a longer period is granted by the submitting entity, an official referral 30

HOUSE BILL 394 3

to the Commission under this part is deemed approved if the Commission fails to act within 1
60 days after the date of A COMPLETE submission ACCEPTED BY THE COMMISSION TO 2
ADEQUATELY REVIEW THE PROPOSED LOCATION, CHARACTER, GRADE, AND EXTENT 3
OF THE ACTIVITY. 4

(C) (1) WITHIN 3 BUSINESS DAYS AFTER RECEIVING A SUBMISSION OR AN 5
AMENDMENT TO A SUBMISSION, THE COMMISSION SHALL NOTIFY THE SUBMITTING 6
ENTITY THAT THE SUBMISSION IS: 7

(I) COMPLETE AND ACCEPTED BY THE COMMISSION; OR 8

(II) REJECTED AS INCOMPLETE BY THE COMMISSION. 9

(2) AT THE SAME TIME THAT THE COMMISSION PROVIDES NOTICE 10
THAT A SUBMISSION HAS BEEN REJECTED AS INCOMPLETE UNDER PARAGRAPH 11
(1)(II) OF THIS SUBSECTION, THE COMMISSION SHALL PROVIDE TO THE 12
SUBMITTING ENTITY AN ITEMIZED LIST OF THE INFORMATION REQUIRED FOR THE 13
SUBMISSION TO BE CONSIDERED COMPLETE. 14

(D) IF A SUBMITTING ENTITY SUBMITS AN AMENDMENT TO A SUBMISSION 15
THAT WAS REJECTED AS INCOMPLETE, THE COMMISSION: 16

(1) SHALL ACT ON THE AMENDED SUBMISSION WITHIN 60 DAYS AFTER 17
RECEIPT OF THE AMENDMENT; AND 18

(2) WITHIN 3 BUSINESS DAYS AFTER RECEIPT OF THE AMENDMENT, 19
SHALL NOTIFY THE SUBMITTING ENTITY OF THE COMPLETENESS OF THE 20
SUBMISSION IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION. 21

(E) (1) IF A SUBMISSION IS REJECTED AS INCOMPLETE AFTER THE 22
SUBMITTING ENTITY HAS SUBMITTED AMENDMENTS AT LEAST THREE TIMES, THE 23
ENTITY MAY NOTIFY THE COMMISSION THAT IT IS UNABLE TO PROVIDE ADDITIONAL 24
INFORMATIO