§ 2B. Application of county legislation to municipalities

   (a) County legislation made inapplicable in municipality. -- Except as provided in subsection (b) of this section, legislation enacted by a county does not apply in a municipality located in such county if the legislation:

   (1) By its terms exempts the municipality;

   (2) Conflicts with legislation of the municipality enacted under a grant of legislative authority provided either by public general law or its charter; or

   (3) Relates to a subject with respect to which the municipality has a grant of legislative authority provided either by public general law or its charter and the municipality, by ordinance or charter amendment having prospective or retrospective applicability, or both:

      (i) Specifically exempts itself from such county legislation; or

      (ii) Generally exempts itself from all county legislation covered by such grants of authority to the municipality.

(b) Categories of county legislation applicable in municipalities. -- Notwithstanding the provisions of subsection (a)(2) and (3) of this section, the following categories of county legislation, if otherwise within the scope of legislative powers granted the county by the General Assembly, shall nevertheless apply within all municipalities in the county:

   (1) County legislation where a law enacted by the General Assembly so provides;

   (2) County revenue or tax legislation, subject to the provisions of Article 24 of the Code, the Tax - General Article, and the Tax - Property Article, or legislation adopting a county budget; and

   (3) County legislation which is enacted in accordance with requirements otherwise applicable in such county to legislation that is to become effective immediately and which also meets the following requirements:

      (i) The legislative body of the county makes a specific finding based on evidence of record after a hearing held in accordance with the requirements of subparagraph (ii) hereof that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if such county legislation does not apply in all municipalities located in such county;

      (ii) The legislative body of the county conducts a public hearing at which all municipalities in the county and interested persons shall be given an opportunity to be heard, notice of which is given by the mailing of certified mail notice to each municipality in the county not less than 30 days prior to the hearing and by publication in a newspaper of general circulation in the county for 3 successive weeks, the first publication to be not less than 30 days prior to the hearing; and

      (iii) The county legislation is enacted by the affirmative vote of not less than two-thirds of the authorized membership of the county legislative body.

   (4) County legislation which is enacted in accordance with the procedures set forth in paragraph (3) of this subsection shall be subject to judicial review of the finding made under paragraph (3)(i) of this subsection and of the resultant applicability of such legislation to municipalities in the county by the circuit court of the county in accordance with the provisions of the Maryland Rules governing appeals from administrative agencies. Any appeal shall be filed within 30 days of the effective date of such county legislation. In any judicial proceeding commenced under the provisions of this paragraph, the sole issues are whether the county legislative body (1) complied with the procedures of paragraph (3) of this subsection, and (2) had before it sufficient evidence from which a reasonable person could conclude that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if such county legislation does not apply in all municipalities located in the county. The issues shall be decided by the court without a jury. In the event that the court reverses such finding, the legislation shall continue to apply in unincorporated areas of the county and the applicability of such county legislation in municipalities shall be governed by the provisions of subsection (a) of this section. The decision of the circuit court in any such proceeding shall be subject to further appeal to the Court of Special Appeals by the county or any municipality in the county.

(c) Municipal legislation making county legislation inapplicable. -- Notwithstanding the provisions of subsection (b)(3) of this section, county legislation enacted in accordance with the procedures and requirements thereof shall nevertheless be or become inapplicable in any municipality which has enacted or enacts municipal legislation that:

   (1) Covers the same subject matter and furthers the same policies as the county legislation;

   (2) Is at least as restrictive as the county legislation; and

   (3) Includes provisions for enforcement.

(d) Administration or enforcement of municipal legislation. -- Any municipality may, by ordinance, request and authorize the county within which it is located to administer or enforce any municipal legislation. Upon the enactment of such an ordinance, such county may administer or enforce such municipal legislation on such terms and conditions as may mutually be agreed.

(e) Definitions. -- As used in this section:

   (1) "County" means any county, regardless of the form of county government, including charter home rule, code home rule, and county commissioners; and

   (2) "Legislation" means any form of county or municipal legislative enactment, including a law, ordinance, resolution and any action by which a county budget is adopted.

HISTORY: 1983, ch. 398; 1985, ch. 480, § 1; 1988, ch. 110, § 1; 1989, ch. 5, § 1; 1998, ch. 21, § 1; 1999, ch. 34, § 1; 2001, ch. 29, § 1.