§ 32-3-401. APPEALS TO THE BOARD OF APPEALS.

(a)

In general. A person aggrieved or feeling aggrieved by a decision of the Zoning Commissioner or the Director of Permits, Approvals and Inspections may appeal the decision or order to the Board of Appeals.

(b)

Appeals by county agencies.

(1)

This subsection does not apply to the People's Counsel.

(2)

An official, office, department, or board of the county aggrieved or feeling aggrieved by a decision of the Zoning Commissioner may not appeal the decision to the Board of Appeals without the prior approval of the County Administrative Officer and the County Attorney.

(c)

Notice and fee required for filing. The appealing party shall:

(1)

File notice of the appeal, in writing, with the Department of Permits, Approvals and Inspections within 30 days after the final decision; and

(2)

Pay the required fee.

(d)

Procedure for hearings. The Board of Appeals shall hear and dispose of the appeal as provided in the charter and the rules of procedure established by the Board of Appeals.

(1988 Code, § 26-132) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 116, 1990, § 2, 8-13-1990; Bill No. 4, 1992, § 1, 3-2-1992; Bill No. 103-02, § 2, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)

Annotations:
  Remedy provided under title 34 of 1958 Code held to be an alternative to that afforded by this section, at least where it is affirmatively alleged that the Planning Board has violated zoning regulations and that a violation of either the zoning or the subdivision regulations was subject to an injunction under title 34. Lynn v. Goldman, 216 Md. 562, 141 A.2d 172 (1958).
 County Council need not follow the recommendations of the Planning Board, and need not have any further or additional hearing in regard to any changes or amendments the County Council may see fit to make. Swathmore Company v. Kaestner, 258 Md. 517, 266 A.2d 341 (1970).
 The people's counsel has the right to appeal zoning decisions. People's Counsel for Baltimore County v. Williams, 45 Md.App. 617, 415 A.2d 585 (1974).
 Former § 26-132 (1988) cited in Meadows of Greenspring Homeowners Association, Inc. v. Foxleigh Enterprises, Inc., 133 Md.App. 510, 758 A.2d 611 (2000).