§ 1-508. Designation

   (a) Required criteria. -- The growth tiers adopted by a local jurisdiction shall meet the following criteria:

   (1) Tier I areas are areas that are:

      (i) served by public sewerage systems and mapped locally designated growth areas; or

      (ii) a municipal corporation that is a priority funding area that is served by public sewerage systems;

   (2) Tier II areas are areas that are:

      (i) 1. planned to be served by public sewerage systems and in the municipal growth element; or

         2. mapped locally designated growth areas; and

      (ii) needed to satisfy demand for development at densities consistent with the long-term development policy after consideration of the capacity of land areas available for development, including in-fill and redevelopment, within the local jurisdiction;

   (3) Tier III areas are areas that:

      (i) are not planned for sewerage service and not dominated by agricultural or forest land;

      (ii) are not planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; and

      (iii) are one of the following:

         1. municipal corporations not served by a public sewerage system;

         2. rural villages as described in § 5-7B-03(f) of the State Finance and Procurement Article;

         3. mapped locally designated growth areas; or

         4. areas planned and zoned for large lot and rural development; and

   (4) Tier IV areas are areas that are not planned for sewerage service and are:

      (i) areas planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation;

      (ii) areas dominated by agricultural lands, forest lands, or other natural areas; or

      (iii) rural legacy areas, priority preservation areas, or areas subject to covenants, restrictions, conditions, or conservation easements for the benefit of, or held by a State agency, as defined in § 9-206 of the Environment Article, or a local jurisdiction for the purpose of conserving natural resources or agricultural land.

(b) Required consideration. -- A local jurisdiction shall strive to avoid creating a Tier III area that is bounded on all sides by land in a Tier IV area.

HISTORY: 2012, ch. 66, § 6; ch. 149, § 3.