Maryland Planning Act

Maryland Planning Act
Name	Maryland Planning Act
Enacted	1992
Enacted by	Maryland General Assembly
Citation	State statute
Status	in force

Maryland Planning Act The Maryland Planning Act is a state law enacted to coordinate land use planning, growth management, and infrastructure investment across Maryland General Assembly jurisdictions. It connects county and municipal comprehensive plans with regional and state planning programs administered by the Maryland Department of Planning, shaping development patterns near entities such as Baltimore, Annapolis, Howard County, and Montgomery County. The Act interacts with statutes, agencies, and initiatives including Smart Growth, Greenbelt, Chesapeake Bay Program, PATCO, and other regional frameworks.

History

The Act emerged amid debates involving legislators from districts represented by figures such as William Donald Schaefer, Parris Glendening, and Marvin Mandel and responses to pressures following events like suburban expansion around Baltimore County and Prince George's County. Precedents included planning milestones tied to the Chesapeake Bay Agreement, the establishment of the Maryland Department of Planning, and court decisions connected to Kelo v. City of New London-era eminent domain controversies. Federal influences included programs from the United States Environmental Protection Agency and funding streams administered by the United States Department of Transportation and Federal Highway Administration, while local activism from groups like Sierra Club chapters and Audubon Society affiliates shaped implementation. Early 1990s policy debates referenced scholarship by institutions such as Johns Hopkins University, University of Maryland, and American Planning Association affiliates.

Purpose and Scope

The Act requires counties and municipalities such as Baltimore City, Frederick County, and Anne Arundel County to align comprehensive plans with state planning goals outlined by the Maryland Department of Planning and regional consortia like the Baltimore Metropolitan Council. It covers coordination among agencies including the Maryland Department of Transportation, Maryland Environmental Service, and Maryland Department of Natural Resources concerning land use, transportation, water resources, and historic preservation tied to sites like Fort McHenry and districts overseen by the Maryland Historical Trust. The scope intersects with funding programs run by entities such as the Maryland Department of Housing and Community Development and federal partners like the Department of Housing and Urban Development.

Key Provisions

Key provisions direct local jurisdictions to prepare, update, and submit comprehensive plans aligning with statewide goals, integrating considerations promoted by the Smart Growth and Neighborhood Conservation agenda and recommendations from the Governor's Office. The law prescribes coordination mechanisms between counties, municipalities, and agencies such as the Maryland-National Capital Park and Planning Commission and Washington Metropolitan Area Transit Authority where transit corridors like MARC Train and Baltimore Light RailLink influence land use. It sets requirements for public participation consistent with practices advocated by the American Planning Association and standards familiar to practitioners from the Urban Land Institute. Environmental review expectations reference programs administered by the Chesapeake Bay Program, Maryland Department of the Environment, and federal statutes like the Clean Water Act. Capital improvements planning links to budgeting processes used by Baltimore City, Montgomery County Council, and state capital programs managed by the Governor of Maryland and Maryland Board of Public Works.

Implementation and Administration

Administration rests with the Maryland Department of Planning which works alongside county planning commissions such as the Baltimore County Planning Department and regional bodies like the Western Maryland Regional Planning Commission. Implementation tools include local zoning enacted by municipal councils in places like Ocean City, subdivision regulations used by Carroll County, and intergovernmental agreements similar to those between Prince George's County and Washington, D.C. agencies. Funding and technical assistance have involved grants from the Maryland Department of Housing and Community Development, federal support via the Federal Transit Administration, and partnerships with universities such as Towson University and University of Maryland, College Park for research and data. Oversight has been exercised through reporting requirements, plan review cycles, and coordination meetings attended by representatives from entities including the Maryland Association of Counties and the Maryland Municipal League.

Impact and Criticism

Proponents credit the Act with advancing managed growth in areas surrounding Baltimore, Columbia, Maryland, and growth corridors in Howard County by promoting mixed-use development, transit-oriented projects near Metrorail and MARC Train stations, and protection of rural landscapes such as the Eastern Shore. Critics argue it has unevenly redistributed development pressures, favored suburban jurisdictions like Prince George's County over smaller towns such as Salisbury, Maryland, and interfaced imperfectly with affordable housing goals pursued by Maryland Department of Housing and Community Development and advocates including Enterprise Community Partners. Litigation and planning disputes have involved stakeholders such as homebuilders represented by the Home Builders Association of Maryland, conservationists including Chesapeake Bay Foundation, and municipal officials from Annapolis and Hagerstown. Scholarly assessments from University of Baltimore and policy centers like the Brookings Institution and Urban Institute have critiqued outcomes relative to objectives in transportation, environmental protection, and socioeconomic equity.

Related Legislation

The Act functions alongside and is influenced by statutes and programs including the Smart Growth Areas Act, the Growth Policy Act provisions adopted by state and local bodies, and environmental laws such as the Critical Areas Act and instruments tied to the Clean Water Act. It intersects with transportation funding frameworks like the Interstate Highway System planning mechanisms and state initiatives administered by the Maryland Transit Administration and Maryland Department of Transportation. Other connected measures include housing and community development statutes overseen by the Maryland Housing Rehabilitation Program and regional planning agreements involving the Baltimore Metropolitan Council and Metropolitan Washington Council of Governments.

Category:Maryland law