§ 2-112. Jurisdiction.

(a) The County Board of Appeals must exercise all functions of a Board of Zoning Appeals. Any reference to a Board of Zoning Appeals for the County in state or County law means the County Board of Appeals.

(b) The Board must hear and decide each special exception or conditional use appeal, unless Chapter 59 directs otherwise.

(c) The Board has the following appellate jurisdiction.

The Board must hear and decide each appeal taken under:

Those appeals involve:

Section 2B-4	Agricultural land preservation
Section 4-13	Licenses for places of amusement
Section 8-23	County building code
Section 15-18	Food service facility licenses
Section 17-28	Electricians and electrical contractors licenses
Section 18-7	Removal of diseased trees
Section 22-21	Fire safety licenses and permits
Section 23A-11	Group home licenses and deficiency orders
Section 24A-7	Historic area work permits
Section 25-23	Licenses for hospitals, sanitariums, nursing homes, and care homes
Section 29-77	Mobile home parks
Section 39-4	Rat control
Section 41-16	Commercial campgrounds
Section 44-25	Licenses for private educational institutions
Section 46-6	Slaughterhouses
Section 47-7	Vendors' licenses
Section 48-28	Permits and licensing
Section 49-35	Right-of-way permits
Section 49-36	Permit conditions and procedures
Section 51-13	Swimming pool licenses, permits, and registration
Section 51A-10	Tanning facilities
Section 54-27	Transient lodging facilities
Chapter 59	Special exceptions and conditional uses decided by the Hearing Examiner

(d) The Board must hear and decide any other appeal authorized by law.

(e) Any reference to the County Council as hearing an appeal in any chapter or section of the County Code listed in subsection (c) means the Board of Appeals. (Mont. Co. Code 1965, § 2-90; 1971 L.M.C., ch. 10, § 2; 1975 L.M.C., ch. 2, § 1; 1976 L.M.C., ch. 44, § 1; 1984 L.M.C., ch. 18, § 1; 1987 L.M.C., ch. 23, § 4; 1989 L.M.C., ch. 5, § 1; CY 1991 L.M.C., ch. 20, § 1; 1993 L.M.C., ch. 20, § 1; 1994 L.M.C., ch. 8, § 1; 1994 L.M.C., ch. 34, § 1; 1995 L.M.C., ch. 5, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 1; , § 1; , § 1; , § 2; , § 2; , § 1; 2013 L.M.C., ch. 22 , § 1; , § 1.)

Editor's note—2013 L.M.C., ch. 22, § 2, states: Effective Date. This Act takes effect on March 1, 2014, and applies to any permit applied for under chapter 8, Chapter 19, or Section 49-35 on or after that date.

Section 2-112 is cited in Montgomery County v. Longo, 187 Md. App. 25, 975 A.2d 312, cert. denied, 411 Md. 357, 983 A.2d 432 (2009) In National Institutes of Health Federal Credit Union v. Hawk, 47 Md. 189, 422 A.2d 55 (1980), the court interprets and enforces the thirty-day rule in paragraph (a)(3) above. In Board of Appeals of Montgomery County v. The Marina Apartments, Inc., 272 Md. 691, 326 A.2d 734 (1974), it was held that the County (and the Board of Appeals) cannot deny a building permit on grounds of inadequate sewage disposal in the area, as that determination is made by the Washington Suburban Sanitary Commission, which either issues or denies a sewer permit. In Robertson v. County Board of Appeals for Montgomery County, 210 Md. 190, 122 A.2d 751 (1956), it was held that the Circuit Court in reviewing the issuance or denial of a special exception cannot reverse the Board of Appeals' decision unless it finds an error of law. If there is no error of law, the Circuit Court cannot modify or reverse the Board's action or remand the case for further evidence. Section 2-112 is quoted in part in Mossburg v. Montgomery County, 320 Md. 494, 620 A.2d 886 (1993).

See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated explaining that the director of the Department of Permitting Services has limited authority to grant a sidewalk waiver to avoid a sidewalk leading nowhere, but may not collect an “in lieu of” fee if a waiver is granted, unless it is authorized as an excise tax.

2011 L.M.C., ch. 17, §§ 2 and 3, state:

Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.