§ 16-204. Appeals

   (a) In general. -- Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board.

(b) Standing. -- A party has standing to file a petition under subsection (a) of this section if the party:

   (1) Meets the threshold standing requirements under federal law; and

   (2) (i) Is the applicant; or

      (ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(c) Contested case hearing not allowed; procedure for judicial review. -- A contested case hearing may not occur on a decision of the Board in accordance with § 16-202 of this subtitle.

   (2) Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.

HISTORY: 1978, ch. 505; 1995, ch. 488, § 3; 2009, ch. 650, § 2; ch. 651, § 2.