Appeal Process

The Board of Appeals for Baltimore County is a quasi-judicial body that hears appeals from the decisions of the Administrative Law Judges and County agencies.

WHAT TO EXPECT

A panel of three Board members hears each case. The Chairman shall regulate the course of the hearing and shall rule upon procedural matters, applications, modifications, and objections made during the course of the hearing, subject to the concurrence of a majority of the panel.

All hearings before the Board of Appeals for Baltimore County are open to the public. Only one case is heard at each hearing unless otherwise specified.

  1. Opening Statements

    Generally, the hearing will begin with the parties' opening statements. The Petitioner has the opportunity to present his or her case first, then the Protestants of record present their case. The County presents its case last. If the parties agree, the order of presentation may be changed in order to expedite matters.

  2. Witness Testimony

    Parties may have witnesses to support their case. These witnesses will present sworn testimony and can be questioned or cross-examined by the parties and Board members. If an attorney is representing a party in a case, it is very common for them to call paid expert witnesses to help meet the burden of proof in the case.

  3. Closing Arguments

    The parties have the opportunity to present closing arguments in the same order as opening statements. Sometimes, in more complicated cases, the Board will request written briefs to be filed in lieu of oral argument.

  4. Decision

    The Board of Appeals will render a written opinion typically within 60 days of the date of the last hearing, or public deliberation, unless otherwise required by law or additional time becomes necessary.

    Copies of Board of Appeals Decisions with case numbers within the last five years are available online in PDF format. Please contact our office for information regarding cases older than five years.

In Zoning and Development cases, the Board of Appeals is required to hold a public deliberation. Public deliberations are open work sessions which allow the public to witness the decision-making process. Attendance is not required and participation is not permitted.

HOW TO FILE AN APPEAL

Generally, a written Notice of Appeal must be filed with the originating agency along with the appeal fee. In some cases, additional information is required at the time of appeal pursuant to the Baltimore County Code or Baltimore County Zoning Regulations. Please contact the originating agency for more information regarding the appeals process.

When you file the appeal with the originating agency, that agency will then prepare their file for transfer to the Board of Appeals. This process varies by agency, but typically the files are transferred within two weeks of the appeal. Upon receipt of the file, the Administrator will review the file and schedule the first available hearing date. Our hearing schedule is updated weekly.

The cost to file an appeal depends on the type of appeal. All fees shall be payable to Baltimore County, Maryland, and shall be collected by the agency whose decision is being appealed at the time the appeal or petition is filed. The fees established may be changed by the County Administrative Officer from time to time.

Download the Zoning, Development and Appeals Fee Schedule.

In view of the cost to appeal and possible costly ramifications of the Board’s decision, one may choose to seek legal counsel to represent them before the Board in certain circumstances; however, an attorney is not required.

Postponements and continuances will be granted at the discretion of the Board only upon request in writing by a party of record or an attorney of record (if represented by counsel), addressed to the Board and with a copy to every other attorney or party of record, entitled to receive notice, setting forth good and sufficient reasons for the requested postponement.

No postponement shall be granted within 15 days prior to the hearing date except in extraordinary circumstances. This and other pertinent information can be found in the Board's Rules of Practice and Procedure.

Rule 8 is a special rule pertaining to persons appearing before the Board as representatives of civic or improvement associations.

SUBPOENA FORMS

APPEALS PROCESS BEYOND THE BOARD

The Board of Appeals for Baltimore County is the first step in the appeals process from the originating County agency. Upon completion of the case before the Board of Appeals, an aggrieved party may appeal within 30 days of the date of the decision of the Board to the Circuit Court for Baltimore County by filing a Petition for Judicial Review pursuant to the Maryland Rules. For further information regarding appealing cases to the Circuit Court for Baltimore County, please contact the Civil Department at 410-887-2614.

For further inquiry, please contact our office at 410-887-3180 or appealsboard@baltimorecountymd.gov.