§ 14-101. Definitions.

   (a) In general. -- In this division the following words have the meanings indicated.

** REVISOR'S NOTE
 
   This subsection formerly was Art. 28, § 7-101(a).

** REVISOR'S NOTE
 
   The reference to this "division" is substituted for the former reference to this "title" to reflect the reorganization of material derived from former Article 28 in Division II of this article. Although the former provision applied only to material in former Art. 28, Title 7, and this provision applies to all material derived from former Article 28, no substantive change is intended. See General Revisor's Note to article.

** REVISOR'S NOTE
 
   No other changes are made.

(b) Commission. -- "Commission" means the Maryland-National Capital Park and Planning Commission.

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(2) and the third sentence and, as it referred to the full title of the Maryland-National Capital Park and Planning Commission, the first sentence of § 1-101.

(c) Commissioner. -- "Commissioner" means a member of the Commission.

** REVISOR'S NOTE
 
   This subsection is new language added for brevity and consistency throughout this division.

** DEFINED TERM:
 

   "Commission"                                                        § 14-101

**

(d) County. -- "County" means a county of the State or Baltimore City.

REVISOR'S NOTE
 
   This subsection is new language added to indicate that a reference in this division to a "county" includes Baltimore City unless the reference specifically provides otherwise.

REVISOR'S NOTE
 
   Article 1, § 14(a) provides that "county" includes Baltimore City "unless such construction would be unreasonable". Because the word "unreasonable" has been interpreted in various ways, the Land Use Article Review Committee decided that an explicit definition of "county" should be included in this division.

REVISOR'S NOTE
 
   The term conforms to the same term defined in many recently revised articles. See, e.g., IN § 1-101(l), PU § 1-101(g), CP § 1-101(d), CR § 1-101(d), PS § 1-101(b), and EC § 1-101(b) and 9-101(b).

REVISOR'S NOTE
 
   In almost every instance in this division, the defined term "county" refers only to Montgomery County or Prince George's County, rather than any of the other counties of the State.

REVISOR'S NOTE
 
   See also § 1-101 of this article.

"State"                                                                § 14-101

**

(e) County planning board. -- "County planning board" means a planning board for a county established under Title 20, Subtitle 2 of this article.

REVISOR'S NOTE
 
   This subsection is new language added for clarity.

"County"                                                               § 14-101

**

(f) District council. -- "District council" means: **

   (1) for a single county, the county council sitting as the district council of the county with respect to that portion of the regional district in the county under § 22-101 of this article; **

   (2) for the district council as a whole, the county councils of both counties sitting jointly as the bi-county district council of the regional district under § 22-102 of this article; or **

   (3) for a municipal corporation, the governing body of the municipal corporation sitting as the district council for the municipal corporation under an agreement authorized under § 20-704(c) of this article.

REVISOR'S NOTE
 
   This subsection is new language added to provide a convenient reference to a "district council".

DEFINED TERMS:
 

   "County"                                                            § 14-101
 
   DEFINED TERMS:
 
   "Regional district"                                                 § 14-101

**

(g) Governed special taxing district. -- "Governed special taxing district" or "governed district" means a special taxing district that: **

   (1) has an elected local governing body; and **

   (2) performs general municipal functions.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from the third sentence of former Art. 28, § 8-104(c) as it related to certain self-governed special taxing areas.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that the term "governed special taxing district" defined in this subsection represents those local governed areas that are not incorporated as municipal corporations under Art. XI-E of the Maryland Constitution but are part of the zoning, subdivision, and land acquisition functions of the Commission under this division. No substantive change is intended. See, e.g., § 18-401(i), 20-509, 22-206 through 22-208, and 23-202 of this article. **

(h) Local law. -- **

   (1) "Local law" means an enactment of the legislative body of a local jurisdiction, whether by ordinance, resolution, or otherwise. **

   (2) "Local law" does not include a public local law.

REVISOR'S NOTE
 
   This subsection is new language added to provide a single term encompassing the various forms of local legislative enactments by which a local jurisdiction may implement provisions of this division.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that this provision is not intended to alter the legislative mechanisms required to implement any portion of this division in any local jurisdiction. See § 14-203 of this title; cf. Revisor's Note to § 1-101(j) of this article. Neither is the term "local law" defined in this subsection to be confused with the term "public local law", an enactment of the General Assembly that applies to a single county. Cf. Kent Island Defense League v. Queen Anne's Co. Bd. of Elections, 145 Md. App. 684 (2002).

REVISOR'S NOTE
 
   See also § 1-101(j) of this article. **

(i) Metropolitan district. -- "Metropolitan district" means the Maryland-Washington Metropolitan District established under Title 19 of this article.

REVISOR'S NOTE
 
   This subsection is new language added to avoid repetition of the full name "Maryland-Washington Metropolitan District". **

(j) Park. -- "Park" includes a public playground, play field, and any other recreational ground, space, or facility.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 7-101(c).

REVISOR'S NOTE
 
   The reference to a "public" playground and other areas is added for clarity.

REVISOR'S NOTE
 
   The reference to a recreational "facility" is added for clarity.

REVISOR'S NOTE
 
   The former reference to "parks" is deleted in light of the reference to "park" and Art. 1, § 8, which provides that the singular generally includes the plural.

REVISOR'S NOTE
 
   The former references to "means" and "relates to" are deleted as surplusage. **

(k) Person. -- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, limited liability company, or other entity.

REVISOR'S NOTE
 
   This subsection is new language added to provide an express definition of the term "person".

REVISOR'S NOTE
 
   The term is similar to the same term defined in many recently revised articles. See, e.g., IN § 1-101(dd), PU § 1-101(u), CS § 1-101(l), CP § 1-101(l), PS § 1-101(c), and EC § 1-101(d) and 9-101(d). The reference to a "limited liability company" is added for clarity. No substantive change is intended.

REVISOR'S NOTE
 
   The definition of "person" in this subsection does not include a governmental entity or unit. The Court of Appeals of Maryland has held consistently that the word "person" in a statute generally does not include the State, its agencies, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Sillers v. Washington Suburban Sanitary Comm'n, 413 Md. 606, 622-630 (2010). This rule does not apply when there is no impairment of sovereign powers and the provision that uses the term enhances a proprietary interest of the governmental unit. See 89 Op. Att'y Gen. 53, 58 (2004).

REVISOR'S NOTE
 
   See also § 1-101 of this article.

REVISOR'S NOTE
 
   As to the term "personal representative", see Art. 1, § 15. **

(l) Regional district. -- "Regional district" means the Maryland-Washington Regional District established under Title 20, Subtitle 1 of this article.

REVISOR'S NOTE
 
   This subsection is new language added to avoid repetition of the full name "Maryland-Washington Regional District". **

(m) Road. -- "Road" includes a highway, freeway, boulevard, parkway, street, avenue, lane, alley, viaduct, bridge, trail, bicycle path, and any other way or part of a way.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 7-101(b).

REVISOR'S NOTE
 
   The former reference to "roads" is deleted in light of the reference to "road" and Art. 1, § 8, which provides that the singular generally includes the plural. Similarly, the former reference to "parts" is deleted as included in the reference to "part".

REVISOR'S NOTE
 
   The former references to "means" and "relates to" are deleted as surplusage.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that it is unclear whether the term "road" defined in this subsection includes a "trail" or "bicycle path". If these or similar travel ways are intended to be included in the "roads" that the Commission constructs and maintains under this division, the General Assembly may wish to consider adding those terms to this definition. **

(n) Sensitive area. -- "Sensitive area" has the meaning stated in § 1-101 of this article.

REVISOR'S NOTE
 
   This subsection is new language added to provide an express cross-reference to the term "sensitive area" defined in § 1-101 of this article that is applicable to Montgomery County and Prince George's County under § 1-401(b)(2) of this article. **

(o) State. -- **

   (1) Except as provided in paragraph (2) of this subsection, "state" means: **

      (i) a state, possession, territory, or commonwealth of the United States; or **

      (ii) the District of Columbia. **

   (2) When capitalized, "State" means Maryland.

REVISOR'S NOTE
 
   This subsection is standard language added to provide an express definition of the word "state". The term conforms to the same term defined in other recently revised articles of the Code. See, e.g., EC § 1-101(g) and 9-101(f).

REVISOR'S NOTE
 
   See also § 1-101 of this article. **

(p) Subdivision. -- **

   (1) "Subdivision" means: **

      (i) the process and configuration of land by which one or more lots, tracts, or parcels of land are divided, consolidated, or established as one or more lots or parcels, or other divisions of land, consistent with criteria established by the legislative body of the local jurisdiction; or **

      (ii) the land so subdivided. **

   (2) "Subdivision" includes resubdivision.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from the first sentence of former Art. 28, § 7-101(d).

REVISOR'S NOTE
 
   In paragraph (1)(i) of this subsection, the reference to the "process and configuration of land by which ... lots ... are divided" is substituted for the former reference to the "division of a lot ... for the purpose, whether immediate or future, of sale or building development, ... and, when appropriate to the context, relates to the process of subdivision" for clarity. No substantive change is intended.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that in paragraph (1)(i) of this subsection, the phrase "consistent with criteria established by the legislative body of the local jurisdiction", which was implicit in the former law, is added for clarity. No substantive change is intended.

REVISOR'S NOTE
 
   For the exclusion of certain agricultural land from the requirements of the subdivision process, see § 23-101 of this article. **

(q) Zoning law. -- **

   (1) "Zoning law" means the legislative implementation of regulations for zoning by a local jurisdiction. **

   (2) "Zoning law" includes a zoning ordinance, zoning regulation, zoning code, and any similar legislative action to implement zoning controls in a local jurisdiction.

REVISOR'S NOTE
 
   This subsection is new language added to provide a single term encompassing the various terms used by local jurisdictions for legislatively adopted zoning controls.

REVISOR'S NOTE
 
   See also § 1-101 of this article.

HISTORY: An. Code 1957, art. 28, § 1-101, 5-114.1(a)(2), 7.101(a)-(d), 8-104(c); 2012, ch. 426, § 2; 2013, ch. 674.