{"data":{"id":"us-md/md.-code-local-government-4-111","jurisdiction":"us-md","citation":"Md. Code, Local Government § 4–111","heading":"","body":"(a) In this section, “legislation” means any form of county or municipal\nlegislative enactment, including a law, an ordinance, a resolution, or any action by\nwhich a county budget is adopted.\n(b) Except as provided in subsection (c) of this section, legislation enacted\nby a county does not apply in a municipality located in the county if the legislation:\n(1) by its terms, exempts the municipality;\n(2) conflicts with legislation of the municipality enacted under a\ngrant of legislative authority provided by public general law or the municipal charter;\nor\n(3) (i) relates to a subject on which a public general law or the\nmunicipal charter grants the municipality legislative authority; and\n(ii) the municipality by ordinance or charter amendment:\n1. specifically exempts itself from the county\nlegislation; or\n2. generally exempts itself from county legislation\ncovered by the type of grant of authority to the municipality.\n(c) The following categories of county legislation, if within the scope of\nlegislative powers granted to a county by the General Assembly, apply in all\nmunicipalities in the county:\n(1) county legislation made applicable to all municipalities in the\ncounty under a law enacted by the General Assembly;\n(2) county revenue or tax legislation, subject to Title 16, Subtitle 5\nand Title 20 of this article, the Tax – General Article, and the Tax – Property Article,\nor legislation adopting a county budget; and\n(3) subject to subsection (e) of this section, county legislation that is\nenacted in accordance with county requirements for legislation that is to become\neffective immediately and for which the legislative body of the county:\n(i) makes a specific finding based on evidence of record after a\nhearing held under item (ii) of this item that there will be significant adverse impact\non the public health, safety, or welfare affecting residents of the county in\nunincorporated areas if the legislation does not apply in all municipalities in the\ncounty;\n(ii) conducts a public hearing at which all municipalities in the\ncounty and any interested persons have an opportunity to be heard;\n(iii) 1. provides notice of the hearing by certified mail to all\nmunicipalities in the county at least 30 days before the hearing; and\n2. publishes notice in a newspaper of general\ncirculation in the county for 3 successive weeks, beginning at least 30 days before the\nhearing; and\n(iv) enacts the county legislation by an affirmative vote of at\nleast two–thirds of the authorized membership of the county legislative body.\n(d) (1) County legislation enacted in accordance with subsection (c)(3) of\nthis section is subject to judicial review by the circuit court of the county, in\naccordance with the Maryland Rules governing appeals from administrative\nagencies, of:\n(i) the finding made under subsection (c)(3)(i) of this section;\nand\n(ii) the legislation’s applicability to municipalities located in\nthe county.\n(2) An appeal under this subsection shall be filed within 30 days after\nthe effective date of the county legislation.\n(3) In a judicial proceeding under this subsection, the only issues that\nmay be considered are whether the county legislative body:\n(i) complied with the procedures of subsection (c)(3) of this\nsection; and\n(ii) had sufficient evidence from which a reasonable person\ncould conclude that there will be a significant adverse impact on the public health,\nsafety, or welfare affecting residents of the county in unincorporated areas if the\ncounty legislation does not apply in all municipalities in the county.\n(4) The court shall decide the issues under paragraph (3) of this\nsubsection without a jury.\n(5) If a court reverses a legislative body’s finding under subsection\n(c)(3)(i) of this section:\n(i) the legislation shall continue to apply in unincorporated\nareas of the county; and\n(ii) the applicability of the legislation in a municipality is\ngoverned by subsection (b) of this section.\n(6) A county or municipality in the county may appeal the decision of\na circuit court in a proceeding under this subsection to the Appellate Court of\nMaryland.\n(e) County legislation enacted in accordance with subsection (c)(3) of this\nsection does not apply, or becomes inapplicable, in a municipality that has enacted or\nenacts municipal legislation that:\n(1) covers the same subject matter and furthers the same policies as\nthe county legislation;\n(2) is at least as restrictive as the county legislation; and\n(3) includes provisions for enforcement.\n(f) (1) By ordinance, a municipality may request and authorize the\ncounty in which it is located to administer or enforce any municipal legislation.\n(2) After a municipality enacts an ordinance under paragraph (1) of\nthis subsection, a county may administer or enforce the municipal legislation on\nmutually agreed terms.\n(g) The other provisions of this article are considered amended as provided\nin this section.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=4-111","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"80b6d73f4ca0eff586b8f5113edd25303cf5a6ee92f027f6106b88f892457ac0","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-4-110","next":"us-md/md.-code-local-government-4-201"},"notice":"GroundRules: Original legal text. Not legal advice."}