(2011)

Dear Robert E. Bruchey

On behalf of the City of Hagerstown ("City") you have requested our opinion regarding the "system of charges" that a local government may adopt to fund stormwater management programs under Annotated Code of Maryland, Environment Article ("EN"), § 4-204(d). Specifically, you have asked:(1) Whether the City may use the proceeds of a tax or fee under EN § 4-204(d) to finance curb construction and maintenance.(2) Whether such a charge may be assessed against a tax-exempt property owner.1

For the reasons explained below, our opinion is as follows:(1) Curbs, if functioning as…