§ 9-804

(a) This section applies only to an application for a special exception for:

(1) an asphalt plant;

(2) a concrete plant;

(3) sand and gravel washing, crushing, or screening; or

(4) surface mining.

(b) (1) Notwithstanding Title 4, Subtitle 3 of this article, the county commissioners may hear and decide a special exception under an appeal filed by a property owner who is aggrieved by a decision of the board of appeals on the special exception.

(2) The county commissioners shall hear and decide an appeal of a special exception in accordance with rules and procedures adopted by the county commissioners.

(c) If the county commissioners adopt rules and procedures for considering a special exception under this section, the decision of the county commissioners to grant, deny, modify, or remand the application for the special exception is a final decision for which judicial review may be requested in the circuit court under Title 4, Subtitle 4 of this article.