Title 5. Forests and Parks — Subtitle 9. Program Open Space
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 5-901 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–901LinkCopy Citation
(a)
In this subtitle the following terms have the meanings indicated.
(b)
“Annual program” means a schedule of acquisition or development for one fiscal year.
(c)
(1)
“Capital renewal”, except as provided in subsection (l)(5) of this section, means renewal of a capital project for which an improvement is necessary to ensure the physical integrity of:
(i)
A facility;
(ii)
Fixed equipment; or
(iii)
An existing physical improvement.
(2)
“Capital renewal” does not include:
(i)
Preventive, routine, or operational maintenance projects instituted to ensure:
(1)
The aesthetic appeal of a project;
(2)
The general daily upkeep of a project; or
(3)
The maintenance of grounds surrounding a project; or
(ii)
Preventive, routine, or operational road maintenance projects except for those park or recreation area road maintenance projects identified in the Governor’s operating budget or the consolidated capital budget.
(d)
“Funds available under this program” means the proceeds of Program Open Space and the annual apportionment of allocation of the Land and Water Conservation Fund to the State by the United States Department of Interior, National Park Service.
(e)
“Governmental agency” means the Department of Recreation and Parks of a local governing body which currently provides or is charged by the local governing body with providing public outdoor recreation and open space areas.
(f)
“Land trust” has the meaning stated in § 3-2A-01(d) of this article.
(g)
“Local governing body” means the Maryland-National Capital Park and Planning Commission and the governing body of any county or Baltimore City.
(h)
“Local projects” means acquisition or development of projects sponsored by the local governing bodies or their units, and in the case of Baltimore City it also means operation and maintenance of projects as provided in subsection (l) of this section.
(i)
“Municipal corporation” means the incorporated towns of the State as defined in Article XI-E of the Maryland Constitution.
(j)
“Subdivision” means one of the 23 counties of the State or Baltimore City.
(k)
“Targeted areas” means those resource areas facing the most intense or immediate development pressure as identified and recommended for State acquisition efforts under the Maryland Land Preservation and Recreation Plan.
(l)
“Total project cost” means every direct cost attributable to a particular project, including the cost of:
(1)
Materials;
(2)
Equipment;
(3)
Other capital expenditures;
(4)
Acquisition of land including any incidental cost relating to acquisition of interests in real property, such as the cost of surveys, appraisals, title search, and legal fees, if the total projects which are reimbursed for incidental costs are limited to the fee schedules approved by the Board of Public Works for the incidental costs, which schedules shall be contained in regulations adopted by the Department of Natural Resources, with the approval of the Board of Public Works, in accordance with Title 10, Subtitle 1 of the State Government Article; or
(5)
For Baltimore City operation and maintenance of any recreational facilities owned and operated by the City, if the amount of the funds expended does not exceed the proportion of the allocation to Baltimore City which is derived from current revenues, as distinguished from proceeds of bond issues.
Md. Code Ann., Nat. Res. § 5-902 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–902LinkCopy Citation
(a)
The General Assembly declares that there is need for a program to make funds available to State agencies and any subdivision to:
(1)
Expedite acquisition of outdoor recreation and open space areas before escalating cost of land prevents its purchase for public use and before potential areas are devoted to some other use; and
(2)
Accelerate development and capital renewal of needed outdoor recreation facilities, including the provision of public access to the facilities.
(b)
This program is known as Program Open Space and carries out the recommendations of the 1968 Legislative Council committee on recreational areas. By enacting this program, the General Assembly intends to provide funds to the State and its subdivisions to enable them to acquire land for outdoor public recreation and open space use and develop and provide public access to the land for public recreation.
(c)
(1)
To effectuate the purposes of this section, the General Assembly has established a transfer tax funding program under Title 13, Subtitle 2 of the Tax – Property Article.
(2)
In addition to or in lieu of the funding under paragraph (1) of this subsection, Program Open Space funding may be provided in the State Consolidated Capital Bond Funding Program or in a separate bond enabling act.
(3)
In any fiscal year for which funding for Program Open Space is provided through the State Consolidated Capital Bond Funding Program or other bond enabling act, except as otherwise expressly provided under the bond enabling act through which the funding is provided:
(i)
The debt allocations shall be provided to the Department of Natural Resources and the Department shall allocate funds among local governing bodies according to the apportionment formula described in § 5–903 of this subtitle; and
(ii)
For fiscal years 2011 through 2013 only, the allocations provided under § 5–903 of this subtitle of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article shall be adjusted to reduce the amount that would otherwise be allocated for any purpose by the amount of funding provided for that purpose under the bond enabling act.
Md. Code Ann., Nat. Res. § 5-903 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–903LinkCopy Citation
(a)
(1)
(i)
Of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article, to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.
(ii)
Of the amount transferred under subparagraph (i) of this paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the Department of Planning to be awarded as noncapital historic preservation grants.
(2)
(i)
(1)
Of the remaining funds not appropriated under paragraph (1)(i) of this subsection:
(A)
One half of the funds shall be used for recreation and open space purposes by the Department and the Historic St. Mary’s City Commission; and
(B)
20% of the funds or $21,000,000, whichever is greater, shall be appropriated to the Forest and Park Service in the Department to operate State forests and parks.
(2)
Except as otherwise provided in this section, any funds the General Assembly appropriates to the State under this subsection shall be used only for land acquisition projects.
(ii)
(1)
As specified in subsubparagraph 2 of this subparagraph, a portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be utilized to make grants to Baltimore City for projects which meet park purposes. The grants shall be in addition to any funds Baltimore City is eligible to receive under subsection (b) of this section, and may be used for acquisition or development. In order for Baltimore City to be eligible for a State grant, the Department shall review projects or land to be acquired within Baltimore City, and upon the Department’s recommendation, the Board of Public Works may approve projects and land including the cost. Title to the land shall be in the name of the Mayor and City Council of Baltimore City. The State is not responsible for costs involved in the development or maintenance of the land.
(2)
The grants to Baltimore City under subsubparagraph 1 of this subparagraph shall be made in the following amounts:
(A)
For fiscal year 2017, $1,500,000;
(B)
For fiscal year 2018, $3,500,000;
(C)
For fiscal year 2019, $5,500,000;
(D)
For fiscal years 2020 through 2023, $6,000,000; and
(E)
For fiscal year 2024 and each fiscal year thereafter, $10,000,000.
(3)
The grants made under this subparagraph supplement rather than supplant any other funding for park purposes in Baltimore City, no matter the source.
(4)
For fiscal year 2018, the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:
(A)
$400,000 for Herring Run Park;
(B)
$500,000 for Clifton Park;
(C)
$300,000 for Druid Hill Park Trail Head;
(D)
$300,000 for athletic field renovations at Gwynns Falls Park;
(E)
$300,000 for Patterson Park; and
(F)
$200,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.
(5)
For fiscal year 2019, a portion of the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:
(A)
$100,000 for Herring Run Park;
(B)
$100,000 for Clifton Park; and
(C)
$100,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.
(iii)
(1)
A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program not to exceed $8,000,000 for each fiscal year may be transferred by an appropriation in the State budget to the Rural Legacy Program under Subtitle 9A of this title.
(2)
In each fiscal year, up to $2 million of the funds transferred under this subparagraph to the Rural Legacy Program may be used to purchase zero coupon bonds for easements.
(3)
Sums allocated to the Rural Legacy Program may not revert to the General Fund of the State.
(iv)
In addition to the $3,000,000 under paragraph (1)(i) of this subsection that may be transferred to the Maryland Heritage Areas Authority Financing Fund, up to $9,000,000 of the State’s share of funds available under subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.
(v)
The Department may acquire real property under subparagraph (i)1A of this paragraph based on an offer by the State that is less than the lowest approved appraisal for the property.
(vi)
A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be transferred by an appropriation in the State budget to the Greenspace Equity Program established under Subtitle 9D of this title as follows:
(1)
For fiscal year 2025, up to $5,000,000;
(2)
For fiscal year 2026, up to $7,000,000; and
(3)
For fiscal year 2027 and each fiscal year thereafter, up to $10,000,000.
(b)
(1)
The General Assembly shall appropriate the remaining funds not appropriated under subsection (a) of this section to assist local governing bodies in acquisition and development of land for recreation and open space purposes, including the provision of public access to the land.
(2)
Except as provided in paragraph (3) of this subsection, funds appropriated under paragraph (1) of this subsection for development of land for recreation and open space purposes may be used for indoor or outdoor recreation and open space purposes, including the construction of indoor or outdoor recreational facilities such as aquatic, golf, community, and nature centers.
(3)
An indoor recreational facility funded under paragraph (1) of this subsection shall:
(i)
If the facility is 7,500 square feet or greater, meet or exceed the current version of the U.S. Green Building Council’s LEED Green Building Rating System Silver rating, however, the facility is not required to be certified through the LEED certification process; and
(ii)
Incorporate, to the maximum extent practicable, the nonstructural site design practices in the Maryland Stormwater Design Manual, incorporated by reference in COMAR 26.17.02.
(c)
(1)
A committee, appointed by the Governor, shall prepare and adopt an apportionment formula relating to the percent of the total funds each subdivision will receive. The committee consists of two members of the Senate, three members of the House of Delegates, and four members of the public at large.
(2)
The Secretary of the Department of Planning and the Secretary shall serve as advisers to the committee.
(3)
The committee shall meet at least annually to review and update the apportionment formula. In determining the allocation formula, the committee shall take into account for each subdivision:
(i)
Current population;
(ii)
Projected population; and
(iii)
Other factors it deems desirable.
(4)
In determining the apportionment for any year the committee may consider under–utilization of available funds and may transfer or advance unused allocations that have not been utilized within a given period. The committee may reallocate funds, subject however to the policy that over the 10–year period any subdivision shall be allocated in the aggregate the funds it would have been entitled to receive if able to utilize them.
(5)
Before adopting an apportionment formula and before allocating funds for any year, the committee shall notify the governing bodies of every affected subdivision of its intended action and, after reasonable notice, afford an opportunity for hearings on the apportionment or allocation.
(d)
Any funds previously or subsequently appropriated or reimbursed to the Department from the Land and Water Conservation Fund of the United States Department of the Interior, National Park Service shall be used to supplement the acquisition and development program of the Department and of other eligible State agencies and local government bodies.
(e)
(1)
The Department may, with the approval of the Board of Public Works, use acquisition funds to make matching or refundable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes.
(2)
Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Department may enter into agreements with a land trust for the State to acquire title to or an interest or right in property owned by the land trust or property on which the land trust holds an option or a contract to purchase.
(3)
An agreement under this subsection shall be subject to approval by the Board of Public Works under § 1–109(d) of this article.
(f)
(1)
Subject to the limitation under paragraph (2) of this subsection, the Department may use acquisition funds to:
(i)
Stabilize the structural integrity of improvements existing on land at the time of acquisition;
(ii)
Eliminate hazards to health and safety, including treatment and removal of hazardous materials;
(iii)
Protect water quality by implementing environmental improvements, including shore erosion control measures and vegetated buffers; and
(iv)
Provide public access to the recreational and open space uses of the acquired land.
(2)
The costs to perform any of the activities described in paragraph (1) of this subsection may not exceed 10 percent of the purchase price of the land.
(3)
The Department may use acquisition funds to enhance public access to existing recreational and open space sites.
(g)
(1)
Any amount appropriated in the State budget, and for each subsequent fiscal year, up to 25 percent of the State’s share of funds that would be available under the program if 100 percent of the funds not required under § 13–209(b) of the Tax – Property Article were available for distribution as provided in § 13–209(d) of the Tax – Property Article may be used for capital improvements on land owned by the State for the use of the Department, the Maryland Historical Trust for museums operated by the Trust, or the Historic St. Mary’s Commission, if the improvements are:
(i)
Approved in the State budget; and
(ii)
Compatible with:
(1)
Any master plan developed for the land; and
(2)
The natural features of the land.
(2)
(i)
For the fiscal year commencing July 1, 1996, up to 12.5% of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(ii)
For the fiscal year commencing July 1, 1997, up to $1,000,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(iii)
For the fiscal year commencing July 1, 1998, and all subsequent fiscal years, up to $1,200,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.
(iv)
The only wages that can be paid with the portion of the State’s share of funds authorized under subparagraphs (ii) and (iii) of this paragraph are the wages of employees in the State forests and parks.
(3)
If the General Assembly amends the Budget Bill to strike out an improvement or operating costs under this subsection submitted by the Governor, the Governor may consider reallocating the funds through a supplemental budget for the same fiscal year:
(i)
To finance specific alternative land acquisition, development projects, or operating costs; or
(ii)
To the Advance Option and Purchase Fund established under § 5–904(b) of this subtitle.
(h)
In allocating the State’s share of funds under this section, the Secretary shall consider the following land conservation priorities, notwithstanding other priorities specified in this title:
(1)
Conserving working landscapes, as defined in § 5–101 of this title;
(2)
Protecting and restoring forests from threats, including catastrophic wildfires, hurricanes, windstorms, snow or ice storms, flooding, drought, invasive species, insect or disease outbreak, and development; and
(3)
Conserving land that drains into a reservoir in the State.
(i)
(1)
Notwithstanding any other provision of this section or the allocation formulas in § 13–209 of the Tax – Property Article and subject to paragraph (2) of this subsection, the Governor may transfer to the Department funds from the Program Open Space State land acquisition balance if:
(i)
The balance is more than $80,000,000 at the end of a given fiscal year; and
(ii)
The Department’s existing special fund sources are insufficient to cover existing salaries for permanent, classified positions responsible for operating and maintaining lands administered and managed by the Department.
(2)
After a fund transfer under paragraph (1) of this subsection, the remaining balance must be at least $80,000,000.
(3)
(i)
The Department may use any amount of the transferred funds as a one–time fiscal year expenditure for:
(1)
Operation and maintenance of lands administered and managed by the Department;
(2)
Administrative expenses related to land acquired by the Department under Program Open Space; or
(3)
Law enforcement activities, services, salaries, and related expenses of the Natural Resources Police.
(ii)
The Department may transfer any amount of the transferred funds to the Forest or Park Reserve Fund established under § 5–212 of this title.
(4)
Any fund transfer made under this subsection supplements rather than supplants any other funding for operation, maintenance, and administration of lands administered and managed by the Department regardless of the source of the other funding.
(5)
For purposes of the fund transfer allowed under this subsection, the balance of the Heritage Conservation Fund established under § 5–1501 of this title and any other funds appropriated to Program Open Space (Stateside) shall be included as part of the Program Open Space State land acquisition balance.
Md. Code Ann., Nat. Res. § 5-903.1 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–903.1LinkCopy Citation
(a)
In this section, “Fund” means the Program Open Space Contingency Fund.
(b)
There is a Program Open Space Contingency Fund.
(c)
The Fund is a continuing, nonlapsing, revolving fund not to exceed $1,000,000 that consists of the amount of appropriations for a capital project:
(1)
In excess of the amount needed for the capital project; and
(2)
Allocated to the Fund by the Governor.
(d)
The Fund may be used to:
(1)
Supplement an existing appropriation for a capital project; and
(2)
Undertake critical maintenance projects.
(e)
(1)
The Department shall evaluate each request for an expenditure from the Fund.
(2)
The Department may request the Board of Public Works to authorize an expenditure from the Fund if:
(i)
All reasonable attempts to reduce the cost of the capital project have been made;
(ii)
No practical alternative exists for securing funding to complete the capital or critical maintenance project; and
(iii)
The requested funding does not increase the scope of the capital project.
(3)
Prior to seeking approval from the Board of Public Works, the Department of Natural Resources and the Department of Budget and Management shall:
(i)
Provide written notice to the budget committees on the planned use of the funds; and
(ii)
Allow 45 days for review and comment by the budget committees unless the additional funds necessary do not exceed 20% of the original appropriation for any project and in the judgment of the Department of Natural Resources and the Department of Budget and Management that the additional funds are necessary to prevent a work stoppage on the project.
(4)
If the Board of Public Works authorizes an expenditure from the Fund, the amount specified by the Board of Public Works may be transferred from the Fund to the Program Open Space account to supplement the specified authorization.
(f)
On or before January 1 of each year, the Secretary of Natural Resources shall report to the General Assembly, subject to § 2–1257 of the State Government Article, on the money:
(1)
Deposited in the Fund;
(2)
Authorized for expenditure from the Fund; and
(3)
Expended from the Fund.
(g)
Money in the Fund shall be deposited with the State Treasurer.
Md. Code Ann., Nat. Res. § 5-904 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–904LinkCopy Citation
(a)
(1)
Each year the Department, in consultation with the Department of Planning, shall prepare a list of recommended State projects for funding under this program for the next fiscal year.
(2)
In preparing the list, the Department shall give priority to properties in targeted areas.
(3)
Prior to submitting the list to the Department of Budget and Management for inclusion in the budget, the legislators from the district within which the Department is proposing a State acquisition project shall be given an opportunity to review and comment on the project.
(4)
The list shall be submitted to the General Assembly in a manner similar to other capital projects as provided in Title 3, Subtitle 6 of the State Finance and Procurement Article.
(5)
(i)
The Department, for each project recommended under this subsection, shall consider whether it is feasible to provide public access to the recreational and open space site.
(ii)
When considering whether it is feasible to provide public access to a site under this paragraph, the Department may consider:
(1)
The availability of funds available under this program or from other sources to provide public access to the site;
(2)
Public safety and liability issues if public access were provided to the site;
(3)
Whether the site was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and
(4)
The existence of a contractual commitment on the site that would limit public access for a period of time, including a home, agricultural, or hunting lease.
(b)
(1)
There is an Advance Option and Purchase Fund.
(2)
A portion of funds available under this program for State projects may be appropriated in the State budget for the Advance Option and Purchase Fund.
(3)
(i)
The Department may use funds available in the Advance Option and Purchase Fund to obtain options to purchase lands in targeted areas or to otherwise purchase land.
(ii)
Notwithstanding the provisions of § 10–306 of the State Finance and Procurement Article, any money received by the State as consideration for property acquired under this subtitle shall be deposited in the Advance Option and Purchase Fund.
(4)
Funds available in the Advance Option and Purchase Fund shall be allocated in the following order of priority:
(i)
First to obtain an option on any parcel of land in a targeted area in advance of purchase, or to purchase a specific tract of land in a targeted area; and
(ii)
Then to purchase property on which an option has been obtained or any other parcel of land.
(5)
(i)
Before the Department makes an expenditure from the Advance Option and Purchase Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.
(ii)
The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.
(6)
Any expenditure of funds from the Advance Option and Purchase Fund is subject to the approval of the Board of Public Works.
(c)
(1)
There is a Bay Access Areas Fund.
(2)
A portion of the funds available under this program for State projects may be appropriated in the State budget for the Bay Access Areas Fund.
(3)
The Department may use funds available in the Bay Access Areas Fund to:
(i)
Purchase sites that provide public access to a body of water; or
(ii)
Enhance public access to a body of water on an existing recreational and open space site.
(4)
In purchasing sites under this subsection, the Department shall give preference to sites that:
(i)
(1)
Are directly on the bay; or
(2)
Are on a tributary of the bay and are near the bay;
(ii)
Are near a population center;
(iii)
Are readily accessible by the public; and
(iv)
Would fulfill a need for public water access identified in the Maryland Land Preservation and Recreation Plan or a local land preservation and recreation plan.
(5)
(i)
Before the Department makes an expenditure from the Bay Access Areas Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.
(ii)
The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.
(6)
Any expenditure of funds from the Bay Access Areas Fund is subject to the approval of the Board of Public Works.
(d)
(1)
The Department and the Maryland Environmental Trust, with the approval of the Board of Public Works, may:
(i)
Use State project funds under Program Open Space to contribute towards, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, restrictive covenants, or conservation easements for which the Department of Transportation spends federal funds for transportation enhancements, as defined in Title 23, United States Code, §§ 101(a) and 133; and
(ii)
Acquire the fee titles, restrictive covenants, or conservation easements from the Department of Transportation or any of its agents.
(2)
State project funds under Program Open Space may be used to contribute toward, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, as specified in paragraph (1) of this subsection, only for acquisitions that are contained in the most current consolidated transportation plan of the State.
(e)
(1)
Regarding any proposed acquisition of real property for the use of the Department after June 30, 1995, the Department may submit to the Board of Public Works for approval at the same time as the acquisition, a plan for subsequent disposition of any portion of the real property.
(2)
When disposing of property pursuant to a plan approved under paragraph (1) of this subsection, the Department shall impose any restrictive covenants or conservation easements on the property that the Department deems necessary to protect natural features or to assure that uses of the property will be compatible with any adjacent property held by the Department. Prior to disposing of the property, the Department shall notify and consider any comments from the local jurisdiction in which the property is located. Right of first refusal to purchase the property from the Department belongs first to the municipal corporation in which the property is located, if any, and second to the county in which the property is located.
(3)
Property conveyed pursuant to a plan for disposition approved under paragraph (1) of this subsection is not excess real property under § 5–310 of the State Finance and Procurement Article.
Md. Code Ann., Nat. Res. § 5-905 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–905LinkCopy Citation
(a)
(1)
On or before May 1 of each year, the Department shall notify each local governing body of its allocation of local acquisition and development funds for the next fiscal year within the limits imposed by the formula developed for the apportionment of the annual appropriations for Program Open Space.
(2)
(i)
By the first of July each year, a participating local governing body shall submit an annual program of proposed acquisition and development projects, together with a list of projects submitted by any municipal corporation to the local governing body and not included in the local governing body’s annual program, to the Department of Planning for review and to the Department for approval.
(ii)
A municipal corporation may submit an annual program through its local governing body.
(iii)
A subdivision, for each proposed project under this subsection, shall consider whether it is feasible to provide public access to the proposed project.
(iv)
When considering whether it is feasible to provide public access to a proposed project under this paragraph, a subdivision may consider:
(1)
The availability of funds available under this program or from other sources to provide public access to the proposed project;
(2)
Public safety and liability issues if public access were provided to the site;
(3)
Whether the site for the proposed project was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and
(4)
The existence of a contractual commitment on the site for a proposed project that would limit public access for a period of time, including a home, agricultural, or hunting lease.
(3)
(i)
Upon review by the Department of Planning and approval by the Department and the Board of Public Works, the allocated funds shall be encumbered for the purposes of §§ 7–305(d)(3) and 8–128(c) of the State Finance and Procurement Article, and the annual program shall become the basis for a grant agreement for the total allocation to each of the local governing bodies.
(ii)
Prior to approval of a local annual program, or any revision thereof, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the annual program or its revisions.
(4)
Any program may be revised by the local governing body and the revised program, after the Department of Planning reviews and the Department approves it, shall be substituted for the original program in the grant agreement.
(5)
(i)
In accordance with the Department’s regulations, upon receipt of evidence from the local governing body of a county or municipal corporation that funds have been spent on a project that is approved in the grant agreement, the Department shall cause the requested amount of funds from the local governing body’s allocation to be reimbursed to the local governing body.
(ii)
Any municipal corporation may submit evidence of expenditures for approved projects through its local governing body to the Department.
(b)
(1)
Except as provided in subsection (c)(1) of this section and except in Baltimore City, at least one half of a local governing body’s annual apportionment shall be used for acquisition projects. Local matching funds are not required for acquisition projects. If the local governing body is unable to obtain federal funds pursuant to § 5–906 of this subtitle, for an approved local acquisition project, the total cost of the project shall be defrayed out of the local governing body’s annual apportionment of State funds for open space. In Baltimore City any portion of the annual apportionment may be used either for acquisition or development.
(2)
A local governing body shall prepare a local land preservation and recreation plan with acquisition goals based upon the most current population data available from the Department of Planning and submit it to the Department and to the Department of Planning for joint approval according to the criteria and goals set forth in guidelines prepared by the Department and the Department of Planning. A local governing body shall revise its local land preservation and recreation plan at least every 5 years and submit the revised local plan to the Department and to the Department of Planning for joint approval 1 year prior to the revision of the Maryland Land Preservation and Recreation Plan. Prior to approval of a revised local plan, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the revised local plan.
(3)
Subject to the approval of the Department, a local governing body may use part of its acquisition funds for initial or periodic updating of local land preservation and recreation plans. The amount that may be used by a subdivision for planning purposes in the local land preservation and recreation plan shall not exceed $125,000 for any individual plan update within the 5–year update cycle. Local matching funds are not required for planning or updating the local land preservation and recreation plan.
(4)
If federal funds are provided on any acquisition project, the State shall provide 100 percent of the difference between the total project cost and the federal contribution.
(5)
(i)
A local governing body shall use part of its funds reserved for acquisition for a local advance option and purchase fund. The funding level of the local advance option and purchase fund shall be determined on an annual basis and submitted as part of the annual program under subsection (a) of this section. The local advance option and purchase fund may be used to obtain an option on any parcel of land identified by the local governing body as facing intense development pressure within that county in advance of purchase or to purchase specific tracts of land.
(ii)
Funds available in a local advance option and purchase fund shall be allocated in the following order of priority:
(1)
First to obtain an option on any parcel of land identified by the local governing body as facing intense or immediate development pressure within that county in advance of purchase, or to purchase a specific tract of land identified by the local governing body as facing intense development pressure within that county; and
(2)
Then to purchase property on which an option has been obtained or any other parcel of land.
(6)
(i)
A local governing body may use part of its funds reserved for acquisition for a local land trust grant fund.
(ii)
A local land trust grant fund may be used to:
(1)
Make matching or reimbursable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes; or
(2)
Acquire, under an agreement with a land trust, title to or an interest or right in property owned by a land trust or property on which the land trust holds an option or a contract to purchase.
(iii)
As a condition to any agreement under which a local government agrees to acquire title to or an interest or rights in property owned by a land trust or property on which the land trust holds an option or a contract to purchase, a perpetual conservation easement on the land shall be donated.
(iv)
A project may not receive funds from a local land trust grant fund unless:
(1)
The project is approved in the local governing body’s grant agreement; or
(2)
The Department and the Board of Public Works approve the project as being in conformity with criteria governing land acquired under a local grant from Program Open Space.
(v)
The Department may approve a grant from a local land trust grant fund conditional upon modifying its terms.
(7)
(i)
Except as provided in subparagraph (iii) of this paragraph, if any portion of an annual apportionment to a local governing body is not encumbered within 5 years of the allocation, the unencumbered funds shall revert to the Department, to be held by the Department in a special account until the beginning of the next fiscal year.
(ii)
At the beginning of the next fiscal year, the funds held in the special account under subparagraph (i) of this paragraph shall be added to the funds appropriated under § 5–903(b) of this subtitle to assist local governing bodies in acquisition and development of land for recreation and open space purposes.
(iii)
If a local governing body demonstrates to the Department that unencumbered funds have been designated for a specified purpose, subparagraph (i) of this paragraph does not apply to the funds.
(c)
(1)
(i)
One half of any local governing body’s annual apportionment shall be used for acquisition or development projects.
(ii)
(1)
This subparagraph applies to a local governing body’s:
(A)
Apportionment not yet encumbered as of July 1, 2025;
(B)
Fiscal year 2026 apportionment; and
(C)
Future annual apportionment.
(2)
If the Department and the Department of Planning certify that acquisition goals set forth in the current, approved local land preservation and recreation plan have been met, a local governing body may use up to 100% of its apportionment for development projects.
(iii)
If a county determines that it qualifies for the additional funds for development and capital renewal projects under subparagraph (ii) of this paragraph, before the due date for all local governing bodies to submit revised local land preservation and recreation plans, that county may submit an interim local land preservation and recreation plan:
(1)
Prior to the submission under subsection (b)(2) of this section; and
(2)
In addition to the submission required under subsection (b)(2) of this section.
(2)
The State shall provide 100 percent of the total project cost of each approved local acquisition project or, if federal funds are provided, 100 percent of the difference between the total project cost and the federal contribution.
(3)
(i)
Except as provided in subparagraph (iii) of this paragraph, if the local governing body is unable to obtain State or federal funds other than the funds allocated under subsection (a) of this section and pursuant to § 5–906 of this subtitle, for each approved local development project the State shall provide:
(1)
75 percent of the total project cost; or
(2)
If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 90 percent of the total project cost.
(ii)
Except as provided in subparagraph (iii) of this paragraph, if State funds, other than the funds allocated under subsection (a) of this section, or federal funds are provided on any development project cost, and provided that the total State funds when added to every other available fund does not exceed 100 percent of the total project cost, the local jurisdiction shall match:
(1)
25 percent of the Program Open Space grant amount; or
(2)
If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 10 percent of the Program Open Space grant amount.
(iii)
(1)
Subject to the requirement in subsubparagraph 3 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to build a recreational facility within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 90 percent of the total project cost.
(2)
Subject to subsubparagraph 4 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to construct an indoor recreational facility that is not ancillary and necessary for outdoor recreation, and will be located outside of a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 50 percent of the total project cost.
(3)
The State shall provide 90 percent of the total project cost under subsubparagraph 1 of this subparagraph if the local governing body agrees to limit the amount of impervious surface on the land acquired within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, to no more than 10 percent of the land.
(4)
The 50% funding limit under subsubparagraph 2 of this subparagraph does not apply if the Department determines that:
(A)
The indoor recreational facility is designed to serve multiple priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, or multiple census designated places within a priority funding area;
(B)
The indoor recreational facility contains equipment or facilities, including a swimming pool, that cannot be supported in multiple locations; and
(C)
The applicable local government planning and zoning agency has verified that the location of the indoor recreational facility is consistent with the local government’s comprehensive plan.
(d)
If land is donated to local governing bodies during the fiscal year, 75 percent of the appraised value the Department approves may be applied as a portion of, or all of, the local governing body’s share of the project’s cost for the projects referred to in subsection (c) of this section.
(e)
If federal funds are received for any approved local project after it was funded by the State in accordance with subsections (b) and (c) of this section, the applicant shall reimburse the State in an amount equal to the federal contribution. The reimbursement shall be reserved for other projects approved for the applicant up to the limit of the share allocated to the local governing body.
Md. Code Ann., Nat. Res. § 5-906 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–906LinkCopy Citation
(a)
Each local project shall conform to a comprehensive plan the local governing body approves and have the approval of official planning agencies having jurisdiction, including comprehensive planning agencies.
(b)
Every acquisition and development project funded by the State in whole or in part shall meet needs identified in the Maryland Land Preservation and Recreation Plan prepared and revised every 5 years by the Department in consultation with the Department of Planning and local governments. The document shall identify and recommend for State acquisition efforts those resource areas facing the most intense or immediate development pressure. These resource areas shall be designated as targeted areas. The document and any changes to it shall be distributed to every local governing body.
(c)
The Department shall administer the local projects portion of Program Open Space and promulgate and adopt rules and regulations governing submission of applications and allowable project costs.
(d)
As provided in § 5–905(a) of this subtitle, beginning on December 1, 1973, local projects shall not be considered or approved for a grant until the annual program of the subdivision has been submitted.
(e)
The applicant shall certify on each application that:
(1)
The project conforms to the annual program of the local governing body as provided for in § 5–905(a) of this subtitle;
(2)
A governmental agency is charged to manage and administer an outdoor public recreation and open space program;
(3)
Funds are available or will be available within 12 months of the date of submission of the application to pay the local share of the project cost;
(4)
The value or interest in the land proposed for acquisition has been established by qualified appraisers;
(5)
The applicant has received or not received federal funds for the project; and
(6)
The Department’s rules and regulations have been complied with.
(f)
(1)
(i)
Land acquired or developed under a State grant from Program Open Space may not be converted, without written approval of the Secretary, the Secretary of the Department of Budget and Management, and the Secretary of the Department of Planning from outdoor public recreation or open space use to any other use.
(ii)
Any conversion in land use may be approved only after the local governing body replaces the land with land of at least equivalent area and of equal recreation or open space value.
(2)
(i)
For any conversion of land acquired or developed under a State grant from Program Open Space as provided in paragraph (1) of this subsection, the appraised monetary value of the land proposed for acquisition shall be equal to or greater than the appraised monetary value of the land to be converted, under the proposed new use of the converted land.
(ii)
The State shall consider these funds in excess of the encumbered Program Open Space funds to the local jurisdiction.
Md. Code Ann., Nat. Res. § 5-907 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–907LinkCopy Citation
No land may be acquired for any State park in excess of the number of acres approved by the General Assembly for the park. Approval of the General Assembly shall be required for any revision to the Maryland Land Preservation and Recreation Plan prior to the initiation of any action to obtain additional land for any State park.
Md. Code Ann., Nat. Res. § 5-908 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–908LinkCopy Citation
(a)
In this section, “Fund” means the Fair Hill Improvement Fund.
(b)
(1)
There is a Fair Hill Improvement Fund in the Department, to be used for the operation, maintenance, development, and improvement of the Fair Hill facilities at Fair Hill, Maryland.
(2)
Money credited to the Fund under § 11–704 of the Business Regulation Article shall be used exclusively for the grounds and facilities within the special event area at Fair Hill.
(c)
Any money obtained by the Department from Fair Hill shall be credited to the Fund.
(d)
(1)
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)
Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.
(3)
Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(e)
For fiscal year 2024, and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of at least $1,800,000 to the Fund to be used exclusively for the purposes specified under subsection (b)(2) of this section.
(f)
Notwithstanding any other provision of this title, the Department may use the Fund to provide a grant or grants to a unit of State government, a local jurisdiction, a nonprofit entity, or an affiliated foundation established by the Maryland Stadium Authority under § 10–612 of the Economic Development Article, if:
(1)
The Department has entered into an agreement with the grant recipient for the ongoing operation, use, maintenance, development, or improvement of the grounds and facilities within the special event area at Fair Hill; and
(2)
The grant funds are restricted to the purposes required to be included in the grant agreement under item (1) of this subsection and the grant recipient’s associated administrative costs.
Md. Code Ann., Nat. Res. § 5-908.1 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–908.1LinkCopy Citation
(a)
The Secretary:
(1)
May:
(i)
Execute leases of land, buildings, or facilities at Somers Cove Marina;
(ii)
Procure and execute contracts for operations, maintenance, management, improvements, events, or concessions at Somers Cove Marina in accordance with Division II of the State Finance and Procurement Article;
(iii)
Employ a marina manager who is responsible for the day–to–day operations of Somers Cove Marina;
(iv)
Employ additional staff to operate and maintain Somers Cove Marina; and
(v)
Assess slip and other fees and charges as necessary to operate, maintain, manage, and improve Somers Cove Marina; and
(2)
Shall:
(i)
If applicable, set the compensation for a manager and staff employed under item (1)(iii) and (iv) of this section;
(ii)
On or before October 1, 2027, develop a master plan for the operations, maintenance, development, and improvement of Somers Cove Marina that improves services to the general boating public; and
(iii)
On or before October 1, 2032, and October 1 every 5 years thereafter, update the master plan developed under item (ii) of this item.
(b)
All revenue received by the Department from managing, operating, maintaining, improving, and developing Somers Cove Marina shall be deposited into the Natural Resources Property Maintenance Fund established under § 5–909 of this subtitle.
Md. Code Ann., Nat. Res. § 5-908.2 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–908.2LinkCopy Citation
(a)
In this section, “Commission” means the Somers Cove Marina Advisory Commission.
(b)
(1)
There is a Somers Cove Marina Advisory Commission in the Department.
(2)
(i)
The Commission shall consist of the following members:
(1)
One representative from Somerset County, appointed by the Board of County Commissioners of Somerset County;
(2)
One representative from the City of Crisfield, appointed by the Mayor of Crisfield;
(3)
The Secretary, or the Secretary’s designee;
(4)
One representative from the commercial fishing industry;
(5)
One representative from the economic development or tourism industry;
(6)
One representative of sailboat owners, who may be a current slip holder at Somers Cove Marina; and
(7)
One representative of power boat owners, who may be a current slip holder at Somers Cove Marina.
(ii)
The composition of the Commission shall constitute a diverse cross–section of stakeholders broadly representative of multiple interests including tourism, economic development, business communities, fishing, and boating.
(3)
From among its members, the Commission shall elect a chair and a vice chair.
(4)
(i)
The term of a member is 4 years.
(ii)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(iii)
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)
The Commission shall meet at least biannually.
(c)
The Commission shall advise the Secretary on matters related to the management, operation, maintenance, and development of Somers Cove Marina.
Md. Code Ann., Nat. Res. § 5-909 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–909LinkCopy Citation
(a)
In this section, “Fund” means the Natural Resources Property Maintenance Fund.
(b)
There is a Natural Resources Property Maintenance Fund in the Department.
(c)
The Department shall administer the Fund.
(d)
(1)
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)
The Fund consists of:
(1)
Money appropriated in the State budget to the Fund;
(2)
Revenue deposited into the Fund in accordance with § 5–908.1(b) of this subtitle;
(3)
Interest earnings; and
(4)
Any other money from any other source accepted for the benefit of the Fund.
(f)
The Fund may be used only for:
(1)
Maintaining, repairing, and managing property owned by the Department;
(2)
Managing, operating, maintaining, and developing Somers Cove Marina; and
(3)
Administrative expenses calculated in accordance with § 1–103(b)(2) of this article.
(g)
(1)
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)
Any interest earnings of the Fund shall be credited to the Fund.
(h)
Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code Ann., Nat. Res. § 5-910 (2026)
Title 5. Forests and Parks
Subtitle 9. Program Open Space
§ 5–910LinkCopy Citation
The State may not acquire a tract of land in Allegany County of over 100 acres for preservation of open spaces unless the County Commissioners of Allegany County approve the purchase. This requirement does not apply to open space and outdoor recreation areas which have previously been authorized for acquisition by the legislature.