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![handle is hein.sag/sagmd0024 and id is 1 raw text is: Cite as: 86 Opinions of the Attorney General (2001)
[Opinion No. 01-001 (January 16, 2001)]
ZONING AND PLANNING ) DEPARTMENT OF PLANNING IS
AUTHORIZED BY STATUTE TO INTERVENE IN LOCAL LAND
USE PROCEEDINGS
January 16, 2001
The Honorable Harriet Tregoning
Secretary, Maryland Department of Planning
You have asked for our opinion whether the Maryland Department of Planning
(Planning or the Department) may intervene in local land use decisions and, if so, what
are the parameters of that authority.
In our opinion, State law confers broad authority on the Department to intervene, or
to otherwise make the State's views known, in local land use proceedings.
I
Participation by The Department in Local Land Use Matters
For more than a quarter century, State law has authorized the Department to
participate in local land use proceedings. Chapter 291, Laws of Maryland 1974, now
codified in Annotated Code of Maryland, State Finance and Procurement Article (SFP),
§5-305. Shortly after enactment of that authority, the Department issued regulations setting
forth the standards for its participation in local land use proceedings. 2:23 Md. Reg. 1416
(October 15, 1975). Those regulations are now codified at COMAR 14.24.06.
A. Statutory Authority
The Department may intervene as a party, in accordance with the pertinent rules of
procedure, in any administrative, judicial, or other proceeding in the State concerning land
use, development, or construction. SFP §5-305(a)(1), (b). Alternatively, the Department
may file a formal statement expressing the views of the Department and any other unit of
the State government concerning environmental or economic impact. SFP §5-305(a)(2).
If the Department chooses to intervene formally, it has the standing and rights of a party to
the proceeding, including any right of appeal or judicial review. SFP §5-305(c).](ViewImageLocal?handle=hein.sag/sagmd0024&div=1&collection=&method=preview&ext=.png&size=3)