§ 32-7-301. COUNTY INVENTORY.

(a)

Established.

(1)

The Commission shall compile and maintain a county inventory of structures in the county that potentially may be of significant historical, architectural, archeological, or cultural value.

(2)

The county inventory shall function as an inventory of structures that may be evaluated for possible inclusion on the preliminary county landmarks list.

(b)

Contents.

(1)

All structures individually listed on the Maryland Inventory of Historic Properties on or before April 29, 2007 shall be included on the county inventory.

(2)

Structures proposed to be included on the county inventory after April 29, 2007 are subject to the notice and hearing requirements as provided in subsection (d) of this section.

(c)

Nomination to county inventory — Authorized. Any person may propose a structure that is 50 years old or older to be included on the county inventory by submitting an application to the Department of Planning.

(d)

Same — Procedure.

(1)

The Commission shall send notice of the proposal for inclusion of a structure on the county inventory, by first-class mail, to the owner of each structure.

(2)

The notice shall inform the owner of the right to request a hearing before the Commission not less than 30 days after the owner receives the notice.

(3)

(i)

If the owner requests a hearing, the Commission shall conduct a public hearing to determine whether a structure may be included on the county inventory.

(ii)

The public hearing shall be held no sooner than 45 days and no later than 60 days after the owner files the request for a hearing.

(e)

Same Decision of the Commission. The Commission may place a structure on the county inventory if it determines that the structure is 50 years old or older.

(f)

Removal of a structure.

(1)

The owner of a structure that is on the county inventory may petition the Commission for removal of the structure from the county inventory at any time.

(2)

After the notice and public hearing requirements in § 32-7-302(c) of this subtitle, the Commission shall approve or deny the removal of the structure from the county inventory based on the criteria as set forth in § 32-7-302(b) of this subtitle.

(3)

If the Commission finds that the property does not meet the eligibility criteria in § 32-7-302(b) of this subtitle:

(i)

The Commission shall remove the structure from the county inventory; and

(ii)

The structure may not be nominated for inclusion on the county inventory or the preliminary county landmarks list by any person other than the owner for three years after the date of the Commission decision.

(4)

If the Commission denies the petition to remove the structure from the county inventory by determining that the structure meets the eligibility criteria in § 32-7-302(b) of this subtitle:

(i)

The structure shall be deemed to be on the preliminary county landmarks list; and

(ii)

The Commission shall take action in accordance with § 32-7-302(e) of this subtitle.

(g)

Demolition permit.

(1)

Within 5 working days after receipt of an application for a demolition permit for a structure on the county inventory, the Building Engineer shall forward to the Commission:

(i)

The application for the demolition permit; and

(ii)

All plans and specifications relative to the application.

(2)

The Building Engineer may not issue a demolition permit until the Commission approves the demolition permit application.

(3)

The Commission shall follow the notice and public hearing procedures under § 32-7-302(c) of this subtitle.

(4)

(i)

After the public hearing, if the Commission finds that the structure meets the eligibility requirements in § 32-7-302(b) of this subtitle, the Commission shall deny the demolition permit application.

(ii)

After the public hearing, if the Commission finds that the structure does not meet the eligibility requirements in § 32-7-302(b) of this subtitle:

1.

The Commission shall approve the demolition permit application;

2.

The structure is deemed removed from the county inventory; and

3.

The structure may not be nominated for inclusion on the county inventory or the preliminary county landmarks list by any person other than the owner for three years after the date of the Commission decision.

(5)

If the Commission denies the demolition permit application in accordance with this section by determining that the structure meets the eligibility requirements in § 32-7-302(b) of this subtitle:

(i)

The structure shall be deemed to be on the preliminary county landmarks list; and

(ii)

The Commission shall take action in accordance with § 32-7-302(e) of this subtitle.

(6)

(i)

As a condition of approval of the demolition permit in accordance with this section, the Commission may require the owner of the structure to complete archival documentation of the property before receiving the demolition permit.

(ii)

Any archival documentation required by the Commission shall be submitted to the Department of Planning.

(7)

The Commission shall forward to the Building Engineer the decision of the Commission to approve or deny the demolition permit application within 10 working days after the decision.

(8)

The Building Engineer is bound by the decision of the Commission.

(9)

A demolition permit application for a structure or site that is not listed on the county inventory:

(i)

Is not subject to the authority of the Commission; and

(ii)

Shall be approved in accordance with Article 35, Title 2 of the Code.

(h)

Exclusive provisions. The proceedings provided by this section are exclusive.

(i)

Exteriors protected. The exterior of any structure under consideration for inclusion on the preliminary county landmarks list may not be renovated, reconstructed, altered, or demolished, as applicable, during the time period between:

(1)

The date the request to remove the structure from the county inventory is filed with the Commission under subsection (f) of this section and the date of the decision of the Commission; or

(2)

The date an application for the demolition of a structure on the county inventory is filed with the Building Engineer under subsection (g) of this section and the date of the decision of the Commission.

(1988 Code, § 26-540) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 6-99, § 1, 3-20-1999; Bill No. 112-02, § 2, 7-1-2004; Bill No. 26-07, § 3, 4-29-2007; Bill No. 55-11, §§ 1, 2, 10-16-2011)

Editor's note:
  Section 5 of Bill No. 26-07 provides that the Landmarks Preservation Commission may authorize the Office of Planning (now the Department of Planning) to review the structures included on the county inventory under § 32-7-301(b)(1) of the Baltimore County Code, 2003 in order to identify structures that should not be included on the county inventory. The types of structures that the Office of Planning may identify include structures that no longer exist, structures that have been altered so significantly that they have no historical value and any other types of structures as determined by the Commission and delegated to the Office. A structure may only removed from the county inventory by vote of the Commission at a duly announced and advertised hearing of the Commission but the Office of Planning is not required to provide the notice that would otherwise be required under § 32-7-301 of the Code. The Commission may vote on a slate of structures to remove them from the county inventory under the authority of this section.
 Section 6 of Bill No. 26-07 provides that it is the intent of this Act that the Special Administrative Hearing for structures on the Maryland Inventory of Historic Properties formerly established by administrative order is hereby repealed.
 Section 7 of Bill No. 26-07 provides that § 32-7-301 of the Baltimore County Code, 2003 does not apply to any structure that has received a notice to proceed with demolition or certificate of appropriateness from the Landmarks Preservation Commission before the effective date of this Act.
 Section 8 of Bill No. 26-07 provides that the county inventory, as established in § 32-7-301 of the Baltimore County Code, 2003 shall cease to exist after April 29, 2010 without the necessity of further action by the County Council. After that date, structures formerly considered to be included on the county inventory or currently or thereafter included on the Maryland Inventory of Historic Properties may not be considered to be subject to any regulation under Article 32, Title 7 of the Baltimore County Code, 2003 unless the structure has been nominated for placement on the preliminary county landmarks list, is on the preliminary or final county landmarks list or is in a proposed or designated county historic district.