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Zoning --- Use Permits - In Maryland City, Developers Must Obtain Both City & County Permits

Friday, July 07, 2017

The practical effect of a county-city agreement may have been to create duplicate building and occupancy hurdles for developers and occupants. No matter. A trial court should have examined the agreement’s plain, unambiguous language only.

Facts: In 2002, the City of College Park, Maryland and the Prince George’s County Council entered into an agreement under which the city would enforce the county zoning ordinance. In Maryland, a municipal corporation within a county (that is, a city) generally lacks independent zoning authority. However, a municipal corporation has "concurrent jurisdiction" to enforce county zoning laws if the city and the county enter into a written agreement.

This is the sort of agreement that the city and county entered into. Under its terms, the county delegated to the city all of its power to enforce the zoning ordinance within the city limits. However, the county retained the power to issue county pe[...]

 
Next: Historic Preservation - Challenge To Historic Barn Reduction Showed No Real Harm
 
Prev: Zoning - County Properly Used 'Surrogate Questions' To Interpret Ordinance
 
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