Maryland § 5-104
Full text of Maryland Maryland Code § 5-104, with citation guidance and answers to common questions.
§ 5-104.
(a) (1) In this section the following words have the meanings indicated.
(2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.
(3) “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.
(4) “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article.
(5) (i) “Planning board” means a planning board established under this article.
(ii) “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
(6) “Shared facility” has the meaning stated in § 9–206 of the Environment Article.
(b) This section applies only to a residential major subdivision in a Tier III area served by:
(1) on–site sewage disposal systems;
(2) a shared facility; or
(3) a community sewerage system.
(c) If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area.
(d) (1) Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing.
(2) The planning board shall conduct the public hearing in accordance with its rules and procedures.
(e) The review of a residential major subdivision by the planning board shall include:
(1) the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and
(2) the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision.
(f) The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.
Frequently Asked Questions About Maryland § 5-104
What does Maryland Code § 5-104 cover?
Section 5-104 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 5-104?
A common citation format is "Maryland Code § 5-104" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 5-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.