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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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LOCAL GOVERNMENT |
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DIVISION II. MUNICIPALITIES |
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TITLE 4. IN GENERAL |
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SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS |
§ 4-104. Limitations on home rule
Latest version.
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(a) "Special district" defined. -- In this section, "special district" means a special tax area or district, sanitary district, park or planning district, soil conservation district, or public agency exercising specific powers in a defined area that does not exercise general municipal functions.
(b) Municipal authority over nonmunicipal entities. --
(1) Except as provided in paragraph (2) of this subsection, a municipality located in a special district may not exercise, divest, or duplicate in the municipality's corporate limits any special power or duty conferred on the special district.
(2) Subject to the consent of the special district, a municipality may, within its corporate limits, provide recreational facilities within a special district's jurisdiction.
(c) Payments to support nonmunicipal entities. -- A municipality may not exempt an area from any property tax, special benefit assessment, or service charge imposed to support a special district.
(d) Powers and duties granted to special district. -- A local law conferring a special power or duty on a special district does not authorize the special district to exercise that power or perform that duty in an area where a municipality continues to exercise the power or perform the duty.
(e) Municipal authority over sanitation or zoning. -- A municipality may not amend or repeal its charter or exercise its powers of annexation or incorporation as to affect the power of:
(1) the Maryland-National Capital Park and Planning Commission, relating to zoning; or
(2) the Washington Suburban Sanitary Commission, relating to sanitation, including sewer, water, and similar facilities.
(f) Municipal planning and zoning jurisdiction. -- Article XI-E of the Maryland Constitution, this division, and Division I of the Land Use Article do not authorize a municipality, through procedures under this title or other changes in the municipal charter, to exercise planning authority, subdivision control, or zoning jurisdiction in a political subdivision in which a State, regional, or county unit exercises planning authority, subdivision control, or zoning jurisdiction.