Ad Soil, Inc. v. County Comm'rs

In Ad Soil, Inc. v. County Comm'rs., 307 Md. 307, 324, 513 A.2d 893 (1986), the Court of Appeals rejected a preemption challenge to a local law because State environmental laws made references to the concurrent legislative authority of local jurisdictions, required counties to adopt comprehensive management plans "consistent with all local zoning regulations," and specifically stated that "any rule or regulation of MDE adopted under this subtitle does not limit or supersede any other county, municipal, or State law, rule, or regulation that provides greater protection to the public health, safety, or welfare." 307 Md. at 326-27. The Court held that, though the General Assembly had enacted "extensive" statewide legislation regarding sewage management, the express language of the statute manifested a policy of "fostering local control under state supervision," and did not prohibit the local enactment of laws on the subject. Id. at 326.