Section 5-114 - Setback line restrictions. - Maryland Statutes

§ 5-114. Setback line restrictions.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Building permit" or "permit" includes a site plan and other documentation submitted in support of an application for a building permit and providing the basis for the issuance of the building permit. 

(3) "Governmental entity" includes: 

(i) The State; 

(ii) A local government; and 

(iii) An officer, office, department, agency, board, commission, or other unit of State or local government. 

(4) "Highway" means any way or thoroughfare, whether or not the way or thoroughfare has been dedicated to the public or a dedication has been accepted. 

(5) "Local government" means: 

(i) A chartered county established under Article 25A of the Code; 

(ii) A code county established under Article 25B of the Code; 

(iii) A board of county commissioners established or operating under Article 25 of the Code; 

(iv) Baltimore City; 

(v) A municipal corporation established or operating under Article 23A of the Code; 

(vi) A special taxing district; or 

(vii) Any other political subdivision. 

(6) (i) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. 

(ii) "Person" does not include a governmental entity. 

(7) "Property line" means the line marking the boundary between 2 separate lots or parcels of property. 

(8) "Setback line" means the distance from a curb or shoulder of a highway, edge of a sidewalk, or property line beyond which any portion of a building or structure may not extend. 

(9) "Setback line restriction" means a setback line established by: 

(i) A law, ordinance, or regulation, including a building or zoning law, ordinance, or regulation; or 

(ii) An instrument, however denominated. 

(b)  In general.-  

(1) A person may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred. 

(2) A governmental entity may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred if the building or structure was constructed or reconstructed: 

(i) In compliance with an otherwise valid building permit, except that the building permit wrongfully permitted the building or structure to violate a setback line restriction; or 

(ii) Under a valid building permit, and the building or structure failed to comply with a setback line restriction accurately reflected in the permit. 

(3) For purposes of paragraph (2)(i) of this subsection and notwithstanding any other provision of State or local law to the contrary, a building permit that was otherwise validly issued, except that the permit wrongfully permitted the building or structure to violate a setback line restriction, shall be considered a valid building permit. 

(4) For purposes of paragraph (2) of this subsection, the date on which the violation first occurred shall be deemed to be the date on which the final building inspection was approved. 

(c)  Failure to comply.- Notwithstanding any provision to the contrary in a deed or other written instrument, a failure to comply with a setback line restriction may not cause a forfeiture or reversion of title. 

(d)  Defenses.- This section may not be construed to abrogate or affect the defense of laches or any other defense that a person may have to an action or proceeding for a violation of a setback line restriction. 
 

[1989, ch. 729; 1991, ch. 576; 1992, ch. 383; 2002, ch. 19, § 10.]