Concept
Plan
The development
review process begins when a developer submits a concept plan to Baltimore County. Some
time after submission, the county holds a Concept Plan Review meeting. At this
meeting, various county departments comment on the plan and suggest changes in order to bring the plan into compliance with
county development regulations. While the public can attend these Concept Plan
Review meetings, no public input is taken - this meeting is really between the developer and the county.
Community
Input Meeting
A month
or two after the concept plan review meeting, the county holds a Community Input Meeting (CIM). About 30 days before the CIM, copies of the concept plan are mailed to adjoining landowners, and the property
is posted with the CIM date and location. The developer and a county representative
attend the CIM, and field questions and concerns from neighboring residents. A
second CIM can be held, if the community requests it.
It's
important to realize that the developer is not required to do anything about neighborhood concerns raised at a CIM, unless
those concerns involve a violation of county zoning or development regulations. So,
this part of the development process has no "teeth", and just represents an opportunity for the developer to mollify the area
residents.
Hearing
Officer's Hearing
The Hearing
Officer's Hearing (HOH) is by far the most important stage in the development process.
Within a year after the CIM - but more typically 2-3 months after the CIM - an approval hearing is held for the development
plan, before the County Hearing Officer. Again, the property is posted about
a month before the hearing, to notify area residents of the hearing date and location.
Copies of the current development plan are mailed to adjoining landowners.
The
hearing is quasi-judicial in nature, with the Hearing Officer presiding like a judge, and the developer and the opposition
usually represented by attorneys. The developer's engineer and environmental
experts, county officials, area residents, and any opposition engineers or experts can testify about the development plan. About two weeks after the hearing, the Hearing Officer issues a decision approving
or rejecting the development plan.
It's
critical to present every piece of evidence against the development plan at the HOH, because no new evidence can be presented
afterward, during the appeal process.
Baltimore
County Board of Appeals
Anyone dissatisfied
with the Hearing Officer's decision can appeal it to the Baltimore County Board of Appeals (Board) within 30 days of the Hearing
Officer's decision date. If no appeal is filed, the development stands approved. County permits are issued, and construction can begin.
If an appeal is filed, the Board holds an appeal hearing 2-3 months after the Hearing Officer's decision. At the hearing, the Hearing Officer's decision is reviewed for legal and factual correctness. A few weeks after the hearing, the Board deliberates publicly on the appeal, and decides whether to uphold
or overturn the Hearing Officer's decision.
It's
extremely difficult to get a Hearing Officer's decision overturned by the Board, unless the Hearing Officer made a mistake
on a point of law or completely misconstrued the facts. That's why it is so important
to present as strong a case as possible at the HOH.
Maryland
Circuit Court for Baltimore County, and Other Maryland Courts
The Board's decision can be further appealed through the MD court system - first, at the MD Circuit Court for Baltimore
County (Circuit Court). However, it is extremely difficult to get the Board's
decision overturned in the courts, unless there is a truly substantial issue on which the Board clearly erred. The Circuit Court's decision can be appealed even further in the court system, to the MD Court of Special
Appeals and even the MD Court of Appeals, Maryland's highest court. However, the chances of success get slimmer and slimmer the further up in the court system
one goes.
