1. (a) If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8-1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.
2. (b) Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act¹) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission's members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.
3. (c) If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.
4. (d) If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8-1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.

5. (e)

   1. (1) If a local jurisdiction fails to update an adopted program after the deadline under § 8-1809(g)(1) of this subtitle or after the expiration of an extension granted under § 8-1809(h) of this subtitle, the Commission shall make a good faith effort to notify the local jurisdiction that its program needs to be updated by at least 4 documented notification attempts over a 3-year period.

   2. (2)

      1. (i) Subject to subparagraph (ii) of this paragraph, the local jurisdiction shall adopt an update to the program within 2 years of the last notice from the Commission.
      2. (ii) The Commission may update the program if the local jurisdiction fails to update its program within the 2-year period.

Added by Acts 1984, c. 794. Amended by Acts 1990, c. 6, § 2; Acts 2002, c. 433, § 1, eff. June 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2024, c. 424, § 1, eff. Oct. 1, 2024.

State Government § 10-101 et seq.