(a) The growth tiers adopted by a local jurisdiction shall meet the following criteria: (1) Tier I areas are areas that are: (i) served by public sewerage systems and mapped locally designated growth areas; or (ii) a municipal corporation that is a priority funding area that is served by public sewerage systems; (2) Tier II areas are areas that are: (i) 1. planned to be served by public sewerage systems and in the municipal growth element; or 2. mapped locally designated growth areas; and (ii) needed to satisfy demand for development at densities consistent with the long-term development policy after consideration of the capacity of land areas available for development, including in-fill and redevelopment, within the local jurisdiction; (3) Tier III areas are areas that: (i) are not planned for sewerage service and not dominated by agricultural or forest land; (ii) are not planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; and (iii) are one of the following: 1. municipal corporations not served by a public sewerage system; 2. rural villages as described in § 5-7B-03(f) of the State Finance and Procurement Article; 3. mapped locally designated growth areas; or 4. areas planned and zoned for large lot and rural development; and (4) Tier IV areas are areas that are not planned for sewerage service and are: (i) areas planned or zoned by a local jurisdiction for land, agricultural, or resource protection, preservation, or conservation; (ii) areas dominated by agricultural lands, forest lands, or other natural areas; or (iii) rural legacy areas, priority preservation areas, or areas subject to covenants, restrictions, conditions, or conservation easements for the benefit of, or held by a State agency, as defined in § 9-206 of the Environment Article, or a local jurisdiction for the purpose of conserving natural resources or agricultural land. (b) A local jurisdiction shall strive to avoid creating a Tier III area that is bounded on all sides by land in a Tier IV area.
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