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Maryland · Through 2026-01-01

Md. Code, Local Government § 4–111

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Where this section sits in the code
  1. Article - Local Government

(a) In this section, “legislation” means any form of county or municipal

legislative enactment, including a law, an ordinance, a resolution, or any action by

which a county budget is adopted.

(b) Except as provided in subsection (c) of this section, legislation enacted

by a county does not apply in a municipality located in the county if the legislation:

(1) by its terms, exempts the municipality;

(2) conflicts with legislation of the municipality enacted under a

grant of legislative authority provided by public general law or the municipal charter;

or

(3) (i) relates to a subject on which a public general law or the

municipal charter grants the municipality legislative authority; and

(ii) the municipality by ordinance or charter amendment:

1. specifically exempts itself from the county

legislation; or

2. generally exempts itself from county legislation

covered by the type of grant of authority to the municipality.

(c) The following categories of county legislation, if within the scope of

legislative powers granted to a county by the General Assembly, apply in all

municipalities in the county:

(1) county legislation made applicable to all municipalities in the

county under a law enacted by the General Assembly;

(2) county revenue or tax legislation, subject to Title 16, Subtitle 5

and Title 20 of this article, the Tax – General Article, and the Tax – Property Article,

or legislation adopting a county budget; and

(3) subject to subsection (e) of this section, county legislation that is

enacted in accordance with county requirements for legislation that is to become

effective immediately and for which the legislative body of the county:

(i) makes a specific finding based on evidence of record after a

hearing held under item (ii) of this item that there will be significant adverse impact

on the public health, safety, or welfare affecting residents of the county in

unincorporated areas if the legislation does not apply in all municipalities in the

county;

(ii) conducts a public hearing at which all municipalities in the

county and any interested persons have an opportunity to be heard;

(iii) 1. provides notice of the hearing by certified mail to all

municipalities in the county at least 30 days before the hearing; and

2. publishes notice in a newspaper of general

circulation in the county for 3 successive weeks, beginning at least 30 days before the

hearing; and

(iv) enacts the county legislation by an affirmative vote of at

least two–thirds of the authorized membership of the county legislative body.

(d) (1) County legislation enacted in accordance with subsection (c)(3) of

this section is subject to judicial review by the circuit court of the county, in

accordance with the Maryland Rules governing appeals from administrative

agencies, of:

(i) the finding made under subsection (c)(3)(i) of this section;

and

(ii) the legislation’s applicability to municipalities located in

the county.

(2) An appeal under this subsection shall be filed within 30 days after

the effective date of the county legislation.

(3) In a judicial proceeding under this subsection, the only issues that

may be considered are whether the county legislative body:

(i) complied with the procedures of subsection (c)(3) of this

section; and

(ii) had sufficient evidence from which a reasonable person

could conclude that there will be a significant adverse impact on the public health,

safety, or welfare affecting residents of the county in unincorporated areas if the

county legislation does not apply in all municipalities in the county.

(4) The court shall decide the issues under paragraph (3) of this

subsection without a jury.

(5) If a court reverses a legislative body’s finding under subsection

(c)(3)(i) of this section:

(i) the legislation shall continue to apply in unincorporated

areas of the county; and

(ii) the applicability of the legislation in a municipality is

governed by subsection (b) of this section.

(6) A county or municipality in the county may appeal the decision of

a circuit court in a proceeding under this subsection to the Appellate Court of

Maryland.

(e) County legislation enacted in accordance with subsection (c)(3) of this

section does not apply, or becomes inapplicable, in a municipality that has enacted or

enacts municipal legislation that:

(1) covers the same subject matter and furthers the same policies as

the county legislation;

(2) is at least as restrictive as the county legislation; and

(3) includes provisions for enforcement.

(f) (1) By ordinance, a municipality may request and authorize the

county in which it is located to administer or enforce any municipal legislation.

(2) After a municipality enacts an ordinance under paragraph (1) of

this subsection, a county may administer or enforce the municipal legislation on

mutually agreed terms.

(g) The other provisions of this article are considered amended as provided

in this section.

Collected 2026-09-14T19:59:58Z. Source file · JSON

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