Maryland Constitution Article XI-F - Home Rule for Code Counties
Here is a comprehensive summary of Article XI-F – Home Rule for Code Counties from the Maryland Constitution (added by Chapter 493, Acts of 1965; ratified November 8, 1966) (msa.maryland.gov):
📘 Article XI-F – Home Rule for Code Counties
Section 1. Definitions
“Code county”: A county that is not a charter county under Article XI-A, but has adopted this Article’s home rule powers.
“Public local law”: Legislation specific to a code county’s governance, excluding statewide laws, municipal charters, and county charters under XI-A. (msa.maryland.gov)
Section 2. Becoming a Code County
The county’s governing body may, with at least two-thirds approval, propose becoming a code county.
The proposal is sent to voters at the next general election. If approved by majority, the county becomes a code county 30 days later.
If a charter under Article XI-A is also proposed and approved at that election, the code-county proposal is dropped. If the charter is rejected, the code-county proposal is re-submitted two years later. (msa.maryland.gov, ballotpedia.org)
Section 3. Local Law Authority
Code counties may enact, amend, or repeal public local laws per the procedures of this Article. (law.justia.com)
Section 4. Limits on General Assembly
The General Assembly cannot legislate on matters that are special or local to a code county.
It may only enact, amend, or repeal public local laws if they are general laws applying to all code counties in one or more classes. (codes.findlaw.com)
Section 5. County Classification
The General Assembly classifies code counties into up to four groups (based on population or other criteria), with one active classification scheme at a time; new groupings replace old ones. (textbookdiscrimination.com)
Section 6. Method of Enacting Local Laws
The county’s board of county commissioners enacts public local laws by resolution, with the General Assembly able to supplement procedural requirements via general law. (textbookdiscrimination.com)
Section 7. Referendum Requirement
Actions on public local laws are subject to referendum if a petition gathers signatures from at least 5% of registered county voters; otherwise, actions take effect without a vote. (law.justia.com)
Section 8. Exclusive State Control Over Fiscal Limits
Only the General Assembly may enact local laws that:
Authorize or cap property tax rates in code counties, and/or
Regulate the maximum indebtedness code counties may incur.
These state laws override any conflicting county laws. (codes.findlaw.com, textbookdiscrimination.com)
Section 9. Taxing/Fee Restrictions
Code counties cannot impose any new forms of tax, license fee, franchise tax, or fee unless explicitly authorized by a general law applying to their class of counties. (law.justia.com)
Section 10. Supremacy and Precedence
Existing General Assembly laws remain effective until changed under the Constitution.
County-enacted public local laws override previous county laws—unless they conflict with a General Assembly law. (textbookdiscrimination.com)
🧭 Key Takeaways
Creates a middle tier between commissioner and charter counties, granting broader legislative power at the county level while preserving state supremacy in areas like taxes and debt.
Establishes a path: two-thirds local resolution → referendum → adoption (or dropping if a charter is chosen instead).
Ensures fiscal safeguards by reserving tax and debt limits to the General Assembly, maintaining financial consistency across counties.
🔍 Context & Examples
As of data from the Maryland Manual and US sources, six counties operate under code home rule: Allegany, Caroline, Charles, Kent, Queen Anne’s, and Worcester (textbookdiscrimination.com).
Charter counties have wider autonomy (separate executive/council) and have their own article (XI‑A).
Commissioner counties still rely heavily on enabling legislation from the General Assembly for most local governance.
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