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Policy Alert

Land use decision appeals in Maryland

ACCE Webmaster on Monday, April 7, 2008 at 11:29:17 pm

A state law in Maryland may force counties to amend their land use decision appeals process.  At issue is who has "standing" to challenge a local zoning decision in municipal court.

Maryland HB 246 would force counties to offer "standing" to an aggrieved party and to any taxpayer.  In most counties the appeals process for land use decisions mandates that an appeal can only come from an aggrieved party.  An aggrieved party typically must be able to prove that the decision in question caused them particular harm above the general public impact.

By offering "standing" to any taxpayer, the state is undermining the defined land use decision making process which already includes opportunities for public input.  Some business leaders in Maryland fear that new development projects may be held up in courts for months by individuals who oppose all new development.

Click HERE to read the Maryland Chamber's position on HB 246.

Thanks to Pamela Klahr, CCE at the Howard County (MD) Chamber for alerting us about this important piece of legislation.

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