# State Finance and Procurement (GSF)

## Title 5. State Planning

### Subtitle 1. Definitions; General Provisions

#### Section 5-101

(a) In this title the following words have the meanings indicated.

(b) "Department" means the Department of Planning.

(c) "Secretary" means the Secretary of Planning.

#### Section 5-102

This title does not limit any planning powers that are conferred on any unit of the State government or of a local government by any other State law or local law that existed on June 1, 1959.

### Subtitle 2. Organization of Department and General Authority of Secretary

#### Section 5-201

(a) There is a Department of Planning, established as a principal department of the State government.

(b) The head of the Department is the Secretary of Planning, who shall be appointed by the Governor with the advice and consent of the Senate.

(c) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(d)

  (1) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on these matters.

  (2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

  (3) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(e) The Secretary is entitled to the salary provided in the State budget.

#### Section 5-202

(a) The Secretary may employ a staff in accordance with the State budget.

(b) Each staff assistant in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

(c) Except as provided in subsection (b) of this section or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.

(d)

  (1) The Secretary may review any personnel action taken by any unit in the Department.

  (2) The appointment or removal of personnel by a board, division, or other agency within the jurisdiction of the Department is subject to the approval of the Secretary.

  (3) The Secretary may delegate the power of approval to the heads or governing bodies of the boards, commissions, divisions, or other agencies within the jurisdiction of the Department.

#### Section 5-203

(a) The Secretary is responsible for the budget of the Department.

(b)

  (1) The Secretary may adopt regulations for the Department.

  (2) The Secretary shall review and shall have the power to approve or disapprove or revise the regulations of all boards, commissions, divisions, and other agencies within the jurisdiction of the Department.

(c) In addition to the meetings of any board or commission within the Department that are provided for by law or are called by the chair of the board or commission, the Secretary, whenever appropriate, may call a meeting of a board or commission to consider any subject that the Secretary considers necessary and proper.

(d) All boards, commissions, divisions, and other agencies of the Department shall report to the Secretary or the Secretary's designee as provided in regulations or written directives of the Secretary.

(e) The Secretary may create any citizens' advisory body that the Secretary considers necessary for the operation of the Department.

(f) The Secretary shall have a seal.

(g)

  (1) The Secretary is responsible for the comprehensive planning of programs and services of the Department.

  (2) The Secretary shall review and approve or disapprove the plans of the units in the Department.

(h) The Secretary or a staff member of the Department designated by the Secretary shall have access to information that relates to State planning in the possession of any unit of the State government, of a regional government, or of a local government.

(i) If the entry is made in a manner so as to cause no unnecessary injury, the Secretary or a staff member of the Department designated by the Secretary may enter, at any reasonable hour, on any land in order to make examinations and surveys that relate to State planning.

(j) After providing adequate public notice, the Secretary shall hold hearings on matters of State planning whenever it is in the public interest to do so.

(k) In the interest of intergovernmental cooperation, the Secretary shall attend:

  (1) meetings of regional planning commissions;

  (2) interstate planning conferences; and

  (3) other planning conferences.

(l) The Secretary may contract for professional or consultant services for work related to State planning as provided in the State budget.

(m) The Secretary may exercise any power necessary and proper to discharge the Secretary's duties.

#### Section 5-204

(a) The Attorney General is legal advisor to the Department.

(b)

  (1) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel.

  (2) The Attorney General also shall designate an assistant Attorney General as Counsel to the Department.

(c)

  (1) The Counsel to the Department may have no duty other than:

    (i) to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department;

    (ii) to supervise the other assistant Attorneys General assigned to the Department; and

    (iii) to perform for the Department the duties that the Attorney General assigns.

  (2) The Counsel shall perform these duties subject to the control and supervision of the Attorney General.

  (3) After the Attorney General designates the Counsel to the Department, the Attorney General may not reassign the Counsel without consulting the Secretary.

#### Section 5-205

(a) For each fiscal year, the Governor may include in the annual budget bill an appropriation of $1,000,000 to the Department to provide a grant to the Maryland Humanities Council to be used for the Marilyn Hatza Memorial Strengthening the Humanities Investment in Nonprofits for Equity (SHINE) Grantmaking Initiative.

(b) The funds provided under subsection (a) of this section shall be used by the Maryland Humanities Council to provide general operating grants to small and mid-size humanities, arts, cultural, and educational nonprofit organizations.

(c) During the grant selection and award process, the Maryland Humanities Council shall:

  (1) consider the geographic and racial diversity of potential recipients; and

  (2) award grants on a one-time or multiyear basis.

(d) On or before December 31 each year, the Maryland Humanities Council shall submit an annual report to the Department that includes the following information for the calendar year:

  (1) the names of the grant recipients;

  (2) the number of grant recipients by jurisdiction;

  (3) the amounts of each grant awarded; and

  (4) information from each grant recipient regarding the purposes for which the funds were expended, including how the recipient used the funds to:

    (i) create or preserve jobs;

  (ii) support or maintain general operations; and

  (iii) create or sustain humanities programs.

### Subtitle 3. General Authority and Responsibilities of Department

#### Section 5-301

(a) The Department is the staff agency of the Governor for planning matters with the exception of capital facilities planning.

(b)

  (1) The Department is the principal staff agency for planning matters concerning the resources and development of the State.

  (2) In this capacity, the Department shall undertake special studies, submit reports, and give advice to the Governor at the request of the Governor.

#### Section 5-302

The Department shall function in part as an advisory, consultative, and coordinating agency.

#### Section 5-303

To promote the health, safety, and general welfare of the citizens of the State, the Department shall prepare, recommend, and periodically revise a balanced, integrated program for the development and effective use of the natural and other resources of the State.

#### Section 5-304

(a) The Department may accept funds, grants, and services from public and private sources to carry out its powers and duties.

(b)

  (1)

    (i) The Department may charge reasonable fees for services and products.

    (ii) The fees charged may not exceed the cost of providing the service or product.

  (2) All fees collected under this subsection shall be credited to a continuing nonlapsing fund that is not subject to Sec. 7-302 of this article.

  (3) Subject to the appropriation process in the State budget, the Department shall use the fund for the costs of operating.

  (4) The State Treasurer shall hold and the State Comptroller shall account for the fund.

  (5) The fund shall be invested and reinvested in the same manner as other State funds.

  (6) Investment earnings accrue to the benefit of the fund.

#### Section 5-305

(a) With respect to any administrative, judicial, or other proceeding in the State concerning land use, development, or construction, the Department has the right to:

  (1) intervene as a party; or

  (2) file a formal statement expressing the views of the Department and any other unit of the State government concerning environmental or economic impact.

(b) The Department may intervene only in accordance with the rules of procedure and law that apply to the proceeding.

(c) After intervening, the Department has the standing and all the rights of a party in interest or an aggrieved party, including all rights of judicial review and appeal.

(d) The Department and the governing body of each local subdivision shall establish procedures for notifying the Department of each application for zoning, a permit, or authority to use, develop, or construct on land, whenever the application:

  (1) has more than local impact; and

  (2) is of substantial State or regional interest.

#### Section 5-306

(a) The Department shall prepare population projections for the State, each county, and, on request of a municipal corporation, for a municipal corporation in the State.

(b) The population projections prepared for the State and each county shall include details of age, sex, and race.

(c) The Department shall prepare the population projections for periods of 20 years, in 5-year intervals beginning with 2025.

(d) Beginning in 1991, the Department shall revise the population projections at least every 3 years.

(e) In preparing the population projections for the Washington metropolitan and Baltimore metropolitan areas, the Department may use the population figures developed by the Baltimore Metropolitan Council, the Metropolitan Washington Council of Governments, and the member jurisdictions of these councils.

#### Section 5-307

(a) Each year, no later than 60 days before the General Assembly convenes for its regular session, the Department shall submit a report to the Governor.

(b) The annual report shall include:

  (1) a summary and description of the nature of every section of the State Development Plan that has been:

    (i) added, deleted, or revised since the last annual report; and

    (ii) filed by the Governor under Sec. 5-605 of this title;

  (2) a summary of each important study wholly or partly completed by the Department since the last annual report; and

  (3) a summary of the work of the Department.

(c) The Department shall distribute copies of the annual report:

  (1) subject to Sec. 2-1257 of the State Government Article, to the General Assembly;

  (2) to the head of each department of the State government;

  (3) to the head of each local or regional planning agency in the State; and

  (4) on request, to any federal agency.

(d) The Department shall make copies of the annual report available for general distribution or sale.

#### Section 5-308

(a) On the request of the Governor, the General Assembly, or the Legislative Policy Committee, the Department shall submit a special report on any aspect of the work of the Department that is considered to be of current interest.

(b) The Department may submit a special report on any aspect of its work that the Secretary considers to be of current interest.

(c) The Department shall make special reports on major research and planning projects, as distinguished from mere compilations of current information, available as soon as practicable after completion.

(d) The Department shall distribute a copy of a special report:

  (1) subject to Sec. 2-1257 of the State Government Article, to the General Assembly;

  (2) to the head of each department of the State government;

  (3) to the head of each local or regional planning agency in the State; and

  (4) on request, to any federal agency.

(e) The Department shall make copies of special reports available for general distribution or sale.

#### Section 5-309

The Department may exercise any power necessary and proper to discharge its duties.

#### Section 5-310

(a) Each unit of the State government shall notify the Department in writing of:

  (1) any real property that is in excess of the needs of the unit; or

  (2) any substantial change to any real property owned by the State.

(b) Subject to subsection (c) of this section, for any real property identified under subsection (a) of this section, the Department shall:

  (1) study the proper disposition of the property;

  (2) determine whether any local government or unit of the State government is interested in the property; and

  (3) make an appropriate recommendation to the using unit of the State government and to the Board of Public Works.

(c)

  (1)

    (i) Except as provided in subparagraph (ii) of this paragraph, this subsection applies to the following categories of real property owned by the State in fee simple:

      (1) property acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article;

      (2) property acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article;

      (3) public park land and recreational areas acquired under Title 5, Subtitle 10 of the Natural Resources Article;

      (4) wildland and open areas acquired under Title 5, Subtitle 12 of the Natural Resources Article;

      (5) heritage conservation areas acquired with funds under Title 5, Subtitle 15 of the Natural Resources Article;

      (6) forest conservation areas acquired under Title 5, Subtitle 6 of the Natural Resources Article;

      (7) GreenPrint areas acquired under Title 5, Subtitle 15A of the Natural Resources Article;

      (8) property identified in the most current public lands acreage report published by the Department of Natural Resources that is classified under designated land units or under undesignated land units within an agency or program; and

      (9) outdoor recreation, open space, conservation, preservation, park, or forest land property identified by the Department of Natural Resources in regulation.

    (ii) This subsection does not apply to:

      (1) property declared excess for purposes of corrective disposal, including boundary or access corrections and minor road improvements for public safety; or

      (2) property exchanged by the Department of Natural Resources in accordance with Sec. 1-109(e)(3) of the Natural Resources Article.

  (2) When a unit notifies the Department under subsection (a) of this section, the unit shall include with the notification:

    (i) the history of the acquisition of the property;

    (ii) the rationale for the acquisition provided to the Board of Public Works at the time of the acquisition;

    (iii) any future conservation plans for the property;

    (iv) the environmental and ecological attributes of the property;

    (v) the cultural and historical significance of the property;

    (vi) the relationship of the property to surrounding and nearby real properties;

    (vii) the actual cost savings, if any, that the unit anticipates will result from the disposal of the property;

    (viii) any expected revenues that would be generated from the disposal of the property; and

    (ix) any other justification or basis that the unit relied on in its determination that the property is in excess of its needs.

  (3) The information provided under paragraph (2) of this subsection shall be made available by the unit or the Department on request.

  (4) After the Department receives notice from a unit under subsection (a) of this section, the Department shall:

    (i) notify:

      (1) the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Environment and Transportation Committee, and the House Appropriations Committee by electronic mail or facsimile and by first-class mail;

      (2) the General Assembly members who represent the legislative district in which the property is located by electronic mail or facsimile and by certified mail; and

      (3) owners of property adjacent to the property declared excess:

      (A) in writing by first-class mail; and

      (B) if practicable, by posting public notification signs on the property declared excess;

    (ii)

      (1) hold a public hearing in the county or legislative district in which the property is located within 14 days after receiving a request for a hearing if:

      (A) within 14 days after the Department provides the notice required under item (i) of this paragraph, the Department receives a request for a public hearing from a person who received notice under item (i) of this paragraph or who resides in the county in which the property is located; and

      (B) the property has an estimated value of over $100,000; or

      (2) if a public hearing is not required under item 1 of this item, accept and consider written public comments on the declaration of the property as excess;

    (iii) in conjunction with the local governing body of the jurisdiction in which the property is located, determine whether any proposed disposition would conform to the local comprehensive plan; and

    (iv)

      (1) consolidate all information received by and all determinations made by the Department into a public record available on request; and

      (2) submit the record to the using unit.

  (5) After review of the record created under paragraph (4) of this subsection, the using unit may rescind the notice of excess property submitted under subsection (a) of this section.

  (6) If the using unit does not rescind the notice of excess property, the Department shall:

    (i) based on all of the information collected by the Department, make an appropriate recommendation to the using unit and the Board of Public Works; and

    (ii) notify the persons identified under paragraph (4)(i)1 and 2 of this subsection of the recommendation.

(d) The Department shall notify the Department of Housing and Community Development and, in accordance with Sec. 2-1257 of the State Government Article, the Senate Committee on Education, Energy, and the Environment, the Senate Budget and Taxation Committee, the House Environment and Transportation Committee, and the House Appropriations Committee of any property submitted to the Department under subsection (a)(1) of this section which has not been disposed of under subsection (b) of this section.

### Subtitle 4. Governmental Coordination, Cooperation, and Assistance in Planning

#### Section 5-401

(a) To establish relative priorities and avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the plans and programs of all units of the State government.

(b) To avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the plans and programs of federal, State, regional, and local governments.

#### Section 5-402

(a) The Department shall:

  (1) harmonize its planning activities with the planning activities of other units of the State government;

  (2) coordinate the plans and programs of all units of the State government;

  (3) cooperate with and assist other units of the State government in the execution of their planning functions, to harmonize their planning activities with the State Development Plan; and

  (4) promote the State's Economic Growth, Resource Protection, and Planning Policy set forth in Subtitle 7A of this title.

(b) The Department shall:

  (1) harmonize its planning activities with the planning activities of local governments; and

  (2) cooperate with and assist local governments in the execution of their planning functions, to harmonize their planning activities with the State Development Plan.

(c) The Department shall:

  (1) coordinate State programs with the federal government;

  (2) cooperate with and assist units of the federal government in the execution of their planning functions, to harmonize their planning activities with the State Development Plan; and

  (3) cooperate with, confer with, and, on request, provide information to:

    (i) units of the federal government; and

    (ii) local or regional agencies that are created under federal programs or that receive federal support.

(d) As far as possible, the Department shall cooperate with and confer with planning agencies of other states or of regional groupings of states.

(e) The Department shall cooperate with and assist regional and private planning agencies in the execution of their planning functions, to harmonize their planning activities with the State Development Plan.

(f) The Department shall exercise authority as the lead agency in coordinating the State's land preservation efforts and focus its planning efforts on targeted land preservation.

(g) The Department shall plan for the efficient use of inactive railroad corridors by:

  (1) examining all opportunities, both present and future, for acquisition or use of inactive railroad corridors;

  (2) coordinating and working with the Departments of Natural Resources, Transportation, Commerce, and the State Railroad Administration and other agencies to determine the suitability and feasibility of acquiring or using inactive railroad corridors for recreational trails, public utilities, or future transportation purposes; and

  (3) taking part in United States Interstate Commerce Commission proceedings regarding the abandonment or the discontinuance of use of railroad corridors on behalf of the State.

(h) The Department shall:

  (1) review transportation plans and programs prepared by the Department of Transportation and regional planning agencies and make recommendations regarding the relationship between transportation and planned land use; and

  (2) evaluate proposed transportation improvements and policies to assure consistency between transportation investments and the State Economic Growth, Resource Protection, and Planning Policy.

(i) The Department may provide advice to local governments regarding the impact on growth and development of:

  (1) transportation components of local plans;

  (2) aspects of local land use regulation affecting transportation; and

  (3) local transportation improvements.

#### Section 5-403

(a) The Department:

  (1) shall provide planning assistance, including surveys, land use studies, urban renewal plans, technical services, and other planning work, to local governments; and

  (2) may provide financial and other planning assistance to local governments as provided in the State budget.

(b) The Department may provide financial or other planning assistance to regional planning agencies as provided in the State budget.

(c) Before providing the assistance, the Secretary shall consider the adequacy and competency of any regional or local planning agency that requests financial assistance from the Department.

(d) The Secretary may require any local government or regional planning agency that receives financial or other planning assistance from the State to submit to the Secretary a copy of its planning budget.

(e)

  (1) The Secretary may require any local government or regional planning agency that receives financial or other planning assistance from the State to submit to an annual audit of its financial operations related to planning.

  (2) The audit shall be performed by the Legislative Auditor or by an auditor or accountant legally qualified to perform municipal audits.

  (3) The Secretary may accept an audit by the federal unit for a local government that receives financial or other planning assistance from a unit of the federal government.

(f) Whenever the Department requests and receives financial or other assistance from any unit of the federal government for planning assistance to a local government or a regional planning agency, the Department shall satisfy any requirement imposed by federal law.

#### Section 5-404

(a) The Department may collect reimbursement, in accordance with an agreement, for technical services the Department provides under Sec. 5-402 or Sec. 5-403(a) of this subtitle.

(b) Except as otherwise provided in subsection (a) of this section, the Department may require a contribution in any amount from a local government or regional planning agency that requests assistance under Sec. 5-403 of this subtitle.

(c) If federal law requires a contribution in any amount as a condition before a local government or a regional planning agency may receive financial or other planning assistance, the Department may supply all or part of the contribution as provided in the State budget, unless the federal law specifies that the local government or regional planning agency shall make the contribution.

#### Section 5-405

(a) The Secretary may make an agreement with the head of another unit of the State government, of a local government, of a regional or local planning agency, or of a unit of the federal government for the temporary exchange or transfer of employees:

  (1) from the Department to the unit, local government, or agency; or

  (2) from the unit, local government, or agency to the Department.

(b) An employee may not be transferred or exchanged under this section for more than 90 days at a time.

(c) The approval of the Secretary of Budget and Management is not required for an agreement under this section.

(d) For purposes of Division I of the State Personnel and Pensions Article, an employee transferred or exchanged under this section is considered to continue in the position from which the employee is temporarily transferred or exchanged.

(e) The Secretary may agree to reimburse, or collect reimbursement from, another unit of the State government, a local government, a regional or local planning agency, or a federal agency for a transfer or exchange of employees under this section.

#### Section 5-406

In the exercise of its planning functions, the Department shall cooperate with any unit of the State or federal government in planning for civil defense.

#### Section 5-408

(a) There is within the Department a program for certification of effective county agricultural land preservation programs.

(b) A county may apply to the Department and the Maryland Agricultural Land Preservation Foundation for certification under this section only if the county agricultural preservation advisory board and the governing body of the county both:

  (1) approve the program established at the county level as being an effective approach to agricultural land preservation; and

  (2) approve the county's application for certification.

(c)

  (1) A county may apply for certification under this section if the county has established programs to encourage participation of farmers in agricultural land preservation efforts at the county level, including purchase of development rights or financial enhancements related to purchase of development rights, outside of the State Agricultural Land Preservation Foundation.

  (2) County programs shall include:

    (i) any program that the Department and the Foundation:

      (1) determine is necessary for an effective county agricultural land preservation program; and

      (2) require by regulation; and

    (ii) beginning in fiscal year 2009, a priority preservation area element established in accordance with Sec. 2-518 of the Agriculture Article.

(d)

  (1) To apply for certification under this section, a county shall file with the Maryland Agricultural Land Preservation Foundation and the Department an application in the form that the Department and the Foundation jointly require by regulation.

  (2) Within 60 days after notification of an application for certification:

    (i) the Foundation shall advise the Department as to whether it approves the application; and

    (ii) the Department shall notify the county as to whether the county's application for certification has been approved.

(e) The Department and the Foundation may not certify a county under this section unless the Department and the Foundation determine that:

  (1) the proposed county program for the purchase of development rights or financial enhancements related to the purchase of development rights is likely to be successful;

  (2) the county has committed to spend additional local funds for the purchase of development rights or enhancements related to the purchase of development rights in an amount equal to or exceeding the amount of the additional funds that will be available as a result of certification; and

  (3) beginning in fiscal year 2009:

    (i) the county's priority preservation area has been established in accordance with Sec. 2-518 of the Agriculture Article; and

    (ii) the county's priority preservation area element in the comprehensive plan meets the requirements set forth in subsection (f) of this section.

(f) The Department and the Foundation may not certify a priority preservation area of a county under this section unless the Department and the Foundation agree that the county's comprehensive plan:

  (1) establishes appropriate goals for the amount and types of agricultural resource land to be preserved in the priority preservation area;

  (2) describes:

    (i) the county's strategy to support normal agricultural and forestry activities in conjunction with the amount of development permitted in the priority preservation area; and

    (ii) the ordinances, regulations, and procedures the county is using in the priority preservation area to support the ability of working farms to engage in normal agricultural and forestry activities;

  (3) includes maps showing the county's priority preservation area;

  (4) describes the priority preservation area in the context of the county's growth management plans;

  (5) describes the way in which preservation goals will be accomplished in the priority preservation area, including the county's strategy to:

    (i) protect land from development through zoning;

    (ii) preserve the desired amount of land with permanent easements; and

    (iii) maintain a rural environment capable of supporting normal agricultural and forestry activities;

  (6) includes an evaluation of the ability of the county's zoning and other land use management practices to:

    (i) limit the impact of subdivision and development;

    (ii) allow time for easement purchase; and

    (iii) achieve the Foundation's goals before development excessively compromises the agricultural and forest resource land;

  (7) identifies shortcomings in the abilities of the county's zoning and land management practices and identifies current or future actions to correct the shortcomings; and

  (8) describes the methods the county will use to concentrate preservation funds and other supporting efforts in the priority preservation area to achieve the goals of the Foundation and the county's acreage preservation goal.

(g) In certifying a county's priority preservation area, the Department and the Foundation shall ensure that:

  (1) the county has included all the information required by subsection (f) of this section in the county's comprehensive plan; and

  (2) the size of the county's priority preservation area is appropriate in relation to the county's acreage preservation goal.

(h)

  (1) A county that has been certified under this section as having established an effective county agricultural land preservation program is eligible for:

    (i) the additional funds available to certified counties under Sec. 2-508.1 of the Agriculture Article and Sec. 13-306 of the Tax - Property Article; and

    (ii) as of July 1, 2008, funds provided for the Maryland Agricultural Land Preservation Foundation over and above the funding the Foundation receives in accordance with Sec. 2-508.1 of the Agriculture Article and Sec.Sec. 13-209 and 13-306 of the Tax - Property Article.

  (2) A county that has been certified under this section may use the additional funds available as a result of certification:

    (i) for the purposes stated under Sec. 2-508.1 of the Agriculture Article and Sec. 13-306 of the Tax - Property Article;

    (ii) to purchase easements in its priority preservation area;

    (iii) for a Critical Farms Program approved by the Foundation;

    (iv) for an installment purchase agreement program approved by the Foundation; or

    (v) for the Next Generation Farmland Acquisition Program approved by the Foundation.

(i)

  (1) Except as provided in paragraph (3) of this subsection, a certification or recertification under this section is effective for 3 years and the decision by the Department and the Foundation as to certification or recertification is final with no right to appeal.

  (2) At the request of the county, the Department and the Foundation shall recertify under this section a county agricultural land preservation program if:

    (i) the county has maintained a successful program of purchase of development rights or financial enhancements related to purchase of development rights during the period of certification;

    (ii) conditions in the county priority preservation area remain in accordance with the requirements of Sec. 2-518 of the Agriculture Article;

    (iii) the county provides an update on the method, evaluation, shortcomings, and future actions that the county is using or will use to achieve preservation goals, as required under subsection (f)(6) through (8) of this section; and

    (iv) the update demonstrates significant progress toward achievement of preservation goals in the priority preservation area.

  (3)

    (i) If the Department and the Foundation determine that a program is consistently effective in the achievement of preservation goals, a program recertification under this section is effective for 5 years.

    (ii) The Department and the Foundation shall review a county program recertification under this paragraph when a county:

      (1) revises the boundary of a priority preservation area;

      (2) subtracts land from a priority preservation area; or

      (3) adopts a comprehensive rezoning policy that increases the allowable nonagricultural land uses, density, or intensity of development within a priority preservation area.

    (iii) The Department and the Foundation may revoke a county program recertification under this paragraph on a finding that a county action under subparagraph (ii) of this paragraph is inconsistent with the requirements of Sec. 2-518 of the Agriculture Article.

(j) The Department and the Foundation shall jointly adopt regulations for administration of the certification program.

(k) In accordance with the requirements of Sec. 2-1257 of the State Government Article, the Department and the Foundation shall report on the certification program on or before January 15 of each year to:

  (1) the Governor;

  (2) the Secretary of Agriculture and the Secretary of Planning;

  (3) the Senate Budget and Taxation Committee and the Senate Committee on Education, Energy, and the Environment; and

  (4) the House Appropriations Committee, the House Environment and Transportation Committee, and the House Committee on Ways and Means.

### Subtitle 5. Information Management

#### Section 5-501

(a) The Department is the central depository for all land use plans and all amendments and revisions to land use plans adopted by:

  (1) a unit of the State government;

  (2) a unit of a regional government;

  (3) a unit of a local government; or

  (4) an interstate agency.

(b) Each unit of government or agency listed in subsection (a) of this section shall submit to the Department a current version of all adopted land use plans and all adopted amendments and revisions to land use plans.

(c) The Department shall post on its website a copy of all adopted land use plans and all adopted amendments and revisions to land use plans that are submitted to the Department under this section in an electronic format.

#### Section 5-503

(a) The Department shall be a repository for information about State-owned real property.

(b) The Department shall correlate information concerning real property owned by the State.

(c)

  (1) The Department shall maintain a current, updated list of real property owned by the State.

  (2) The list shall include pertinent details concerning size, facilities, and value.

  (3) A copy of the list and any related information shall be provided to any State agency and the General Assembly upon request.

#### Section 5-505

(a) To the extent relevant to State planning, the Department shall study:

  (1) the resources of the State;

  (2) existing and emerging problems of agriculture, commerce, housing, industry, local government, population, public service, and transportation; and

  (3) related matters affecting the development of the State.

(b) In making the studies, the Department shall seek the cooperation of appropriate:

  (1) governmental units;

  (2) regional planning commissions;

  (3) public or private educational institutions;

  (4) public or private research organizations;

  (5) civic groups; and

  (6) interested persons.

#### Section 5-506

The Department shall provide information to State and local officials and to the public to stimulate public interest and participation in the orderly, integrated development of the State and to foster public awareness and understanding of:

(1) the objectives of the State Development Plan; and

(2) the function of State, regional, and local planning.

#### Section 5-507

Upon request of the General Assembly, the Department shall provide information to and cooperate with the General Assembly and its committees in connection with the studies made by the Department relevant to State planning.

#### Section 5-508

The Department shall annually publish on the Maryland InfoPortal information concerning State financial and technical assistance offered through State assistance programs.

### Subtitle 6. State Development Plan

#### Section 5-601

In this subtitle, "Plan" means the State Development Plan.

#### Section 5-602

(a) The Department shall prepare and from time to time revise a plan or plans for development of the State. The plan or plans collectively shall be known as the State Development Plan.

(b) The Department shall prepare the Plan to promote the general welfare and prosperity of the people of the State through the coordinated development of the State.

(c) The Department shall base the Plan on studies of governmental, economic, physical, and social conditions and trends.

#### Section 5-603

In the preparation and revision of the Plan or any part of it, the Department shall:

(1) seek comments from and consult with the local governments of the areas that are affected by the Plan; and

(2) seek the cooperation and advice of appropriate:

  (i) governmental units;

  (ii) regional planning commissions;

  (iii) public or private educational institutions;

  (iv) public or private research organizations;

  (v) civic groups; and

  (vi) interested persons.

#### Section 5-604

The Plan shall embody the policy recommendations of the Department regarding the economic and physical development of the State.

#### Section 5-605

(a) On completion, the Secretary shall send to the Governor the Plan, any substantial part of the Plan, or any revision to the Plan.

(b) The Governor shall file with the Secretary of State the Plan, part of the Plan, or revision to the Plan, together with any comments made by the Governor, and, in that event:

  (1) the Department shall make copies of the material filed available for general distribution or sale; and

  (2) the Governor shall send copies of the material filed:

    (i) to the head of each unit of the State government; and

    (ii) subject to Sec. 2-1257 of the State Government Article, to the General Assembly.

#### Section 5-606

(a) The Plan may not be used to deny:

  (1) a State-issued permit; or

  (2) State funding:

    (i) mandated by statute or regulation; or

    (ii) provided for in the State operating budget or capital budget.

(b) The Plan does not:

  (1) supersede any State statute or regulation;

  (2) supersede any local ordinance or regulation;

  (3) affect the delegation of planning and zoning powers granted by the State to local jurisdictions under Division II, Title 9, Subtitles 2 or 3, Title 10, or Title 11 of the Local Government Article and Division I of the Land Use Article; or

  (4) overturn or prevent a decision of a local jurisdiction to fund a project.

(c) The Plan may not require a local government to change or alter a local ordinance, regulation, or comprehensive plan.

#### Section 5-608

The Plan shall contain a statement of the objectives, standards, and principles sought to be expressed in the Plan.

#### Section 5-609

The Plan shall contain a comprehensive analysis and evaluation of the capital plans and programs of each unit of the State government.

#### Section 5-610

The Plan shall contain a review and analysis of:

(1) all federal grants, loans, or services available to the State;

(2) all State grants to local governments; and

(3) the impact of any existing or proposed federal program on the State.

#### Section 5-611

(a) The Plan shall identify all areas designated by the Department as areas of critical State concern.

(b) Each county shall recommend to the Department those areas in the county that should be designated as areas of critical State concern.

(c) Before designating an area as an area of critical State concern, the Secretary shall consult with and consider any recommendations submitted by affected political subdivisions.

(d) The Secretary may adopt regulations for the political subdivisions to use in recommending areas to be designated as areas of critical State concern.

(e) The Department shall:

  (1) furnish to the governing body of each affected political subdivision the full text of each proposed designation of an area as an area of critical State concern;

  (2) give each political subdivision affected by a proposed designation at least 45 days to review and comment on the proposed designation; and

  (3) publish its designation of areas of critical State concern, together with all written comments received from political subdivisions regarding the areas designated.

#### Section 5-612

The Plan shall contain recommendations for the most desirable general pattern of land use in the State. The recommendations shall be based on the best available information concerning:

(1) environmental and natural factors, including climate, soil and underground conditions, topography, and water sources and bodies of water;

(2) present and prospective economic bases of the State;

(3) water and sewerage facilities;

(4) trends of industrial, population, or other developments;

(5) habits and standards of life of the people of the State; and

(6) the relation of land use in the State to land use in adjoining areas.

#### Section 5-613

The Plan shall contain recommendations concerning the need for and the proposed general location of major public works and private facilities, including utilities, flood control works, water reservoirs, pollution control facilities, and military or defense installations, that are of State, as opposed to purely local or regional, concern because of:

(1) their function, size, extent, or legal status;

(2) the fact that their authorization, location, or construction is legally under the jurisdiction of a unit of the State government; or

(3) any other reason that makes inclusion in the Plan appropriate.

#### Section 5-614

The Plan shall recommend a major circulation pattern for the State, including major transportation routes and major terminals that should be used for movement within the State or for movement from and to adjoining areas.

#### Section 5-615

The Plan shall contain the recommendations of the Secretary concerning any current or impending problem that may affect the State as a whole.

### Subtitle 7A. State Economic Growth, Resource Protection, and Planning Policy

#### Section 5-7A-01

The State Economic Growth, Resource Protection, and Planning Policy consists of the following planning principles for advancing sustainable growth in the State:

(1) land: optimize productivity of working landscapes, including farms and forests, and fisheries, and prioritize development within population centers that are in proximity to existing infrastructure and facilities;

(2) transportation: prioritize transportation networks that create energy efficient, affordable, and reliable access to jobs, housing, and services;

(3) housing: enable a mix of quality housing types and affordability options to accommodate all who want to live in the State;

(4) economy: allow for adaptive reuse, mixed-use, and context appropriate new development that responds to changing markets and innovations;

(5) equity: engage all sectors of the community in plan development to ensure diverse voices are heard and the needs of underserved populations are prioritized;

(6) resilience: integrate resiliency measures that will minimize the impacts of rapid and unexpected natural- and human-caused threats on communities;

(7) place: provide for public spaces that encourage social interaction and value cultural, historical, and natural resources; and

(8) ecology: protect and restore sensitive ecological systems and conserve natural resources, including forests, agricultural areas, and waterways.

#### Section 5-7A-02

(a)

  (1) Except as provided in paragraph (2) of this subsection, with respect to a State public works, transportation, or major capital improvement project funded through State or federal funds, the State may not provide State funding for the project if the project is not consistent with:

    (i) the State Economic Growth, Resource Protection, and Planning Policy established in Sec. 5-7A-01 of this subtitle; or

    (ii) the local plan of the jurisdiction in which the project is located.

  (2) The State may provide State funding for a State public works, transportation, or major capital improvement project funded through State or federal funds which is not consistent with the policy or plan under paragraph (1) of this subsection if the State determines that extraordinary circumstances exist that warrant proceeding with the project and that no reasonably feasible alternative exists.

(b)

  (1) Except as provided in paragraph (2) of this subsection with respect to a local construction project involving the use of State funds, grants, loans, loan guaranties, or insurance, a local jurisdiction may not approve or construct the project unless the project is consistent with the local plan.

  (2) A local jurisdiction may approve and construct a local construction project which is inconsistent with the local plan under paragraph (1) of this subsection if the local jurisdiction determines that extraordinary circumstances exist that warrant proceeding with the project and that no reasonably feasible alternative exists.

(c) By December 1, 1992 the Governor shall establish procedures for review of State projects under subsection (a) of this section, and each local jurisdiction shall establish procedures for the review of local projects under subsection (b) of this section, to:

  (1) ensure that the projects are consistent with their respective policy and plans; and

  (2) evaluate extraordinary circumstances under subsections (a)(2) and (b)(2) of this section, respectively.

#### Section 5-7A-03

The State has a goal of preserving a total of 1,030,000 acres of productive agricultural land by 2030 through: 

(1) the Maryland Agricultural Land Preservation Foundation;

(2) the Maryland GreenPrint Program;

(3) the Rural Legacy Program;

(4) the Maryland Environmental Trust;

(5) the Next Generation Farmland Acquisition Program; and

(6) local land preservation programs.

### Subtitle 7B. Priority Funding Areas

#### Section 5-7B-01

(a) In this subtitle the following words have the meanings indicated.

(b) "Funding" includes any form of assurance, guarantee, grant payment, credit, tax credit, or other assistance, including a loan, loan guarantee, or reduction in the principal obligation of, or rate of interest payable on, a loan or a portion of a loan.

(c)

  (1) "Growth-related project" means only the items set forth below:

    (i) any major capital project as defined in Sec. 2-103.1(a)(4) of the Transportation Article, except existing transportation facilities projects as defined in Sec. 4-101(h) of the Transportation Article, project planning as defined in Sec. 8-610(i) of the Transportation Article, or initial project planning as defined in Sec. 8-610(e) of the Transportation Article;

    (ii) funding by the Department of Housing and Community Development for:

      (1) construction or purchase of newly constructed single family homes or purchase of loans for newly constructed single family homes under Title 4, Subtitle 2, Subtitle 3, or Subtitle 8 of the Housing and Community Development Article;

      (2) acquisition or construction of newly constructed multifamily rental housing under Title 4, Subtitle 2, Subtitle 4, or Subtitle 15 of the Housing and Community Development Article; or

      (3) State-funded neighborhood revitalization projects under Title 6 of the Housing and Community Development Article;

    (iii) funding by the Department of Commerce under any of the following:

      (1) the Maryland Industrial Development Financing Authority, authorized under Title 5, Subtitle 4 of the Economic Development Article;

      (2) the Maryland Small Business Development Financing Authority, authorized under Title 5, Subtitle 5 of the Economic Development Article;

      (3) the former Maryland Energy Financing Act, authorized under former Article 83A, Title 6, Subtitle 4 of the Code, succeeded by the Maryland Industrial Development Financing Authority;

      (4) the Economic Development Opportunities Program Fund, authorized under Sec. 7-314 of this article;

      (5) the former Maryland Competitive Advantage Financing Fund, authorized under former Article 83A, Title 5, Subtitle 13 of the Code; and

      (6) the Maryland Economic Development Assistance Authority and Fund, authorized under Title 5, Subtitle 3 of the Economic Development Article;

    (iv) funding by the Department of the Environment, for any project under:

      (1) Sec.Sec. 9-1601 through 9-1605 (Water Quality Revolving Loan Fund) of the Environment Article except for funding nonpoint source pollution projects;

      (2) Sec.Sec. 9-420 through 9-426 (Water Supply Financial Assistance Program) of the Environment Article; and

      (3) the supplemental assistance program authorized under Title 9, Subtitle 3, Part VI of the Environment Article; and

    (v) except as provided in paragraph (2) of this subsection, procurement or funding of projects by the Department of General Services for:

      (1) leases of property by the State governed by Sec.Sec. 4-318 through 4-321 of this article; and

      (2) land acquisition governed by Sec.Sec. 4-411 through 4-416 of this article.

  (2) "Growth-related project" does not include:

    (i) projects by the Department of General Services for maintenance, repair, additions, or renovations to existing facilities, acquisition of land for telecommunications towers, parks, conservation and open space, and acquisition of agricultural, conservation, and historic easements;

    (ii) funding by the Department of Housing and Community Development for any project financed with federal money used to purchase or rehabilitate existing single or multifamily housing or project financed with the proceeds of revenue bonds issued by the Community Development Administration if:

      (1) the Secretary of Housing and Community Development determines that application of this section:

      (A) conflicts with any provision of federal or State law applicable to the issuance or tax-exempt status of the bonds;

      (B) conflicts with any provision of any trust agreement between the Community Development Administration and any trustee; or

      (C) would otherwise prohibit financing of an existing project, or financing provided to cure or prevent any default under existing financing; or

      (2) the revenue bonds are issued under a transfer of the Maryland State ceiling to the Administration by a county under Title 13, Subtitle 8 of the Financial Institutions Article;

    (iii) acquisition of land by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article; or

    (iv) any other project, funding, or other State assistance not listed under paragraph (1) of this subsection.

(d) "Limited peripheral development" means development that is contiguous to an existing community and does not increase the size of the existing community or village by more than 10% of the existing number of dwelling units.

(e) "Locally designated growth area" means an area determined by the county to be suitable for development in compliance with Title 1, Subtitle 4 or Title 3 of the Land Use Article.

(f) "Rural village" means a rural village, village center, or other unincorporated area that is primarily residential, including an area with historic qualities, that is located in an otherwise rural or agricultural area and for which new growth, if any, would derive primarily from in-fill development or limited peripheral expansion.

(g) "Technical assistance" means the provision of advice, consultation, training, information, or design, or architectural, organizational, or management assistance.

#### Section 5-7B-02

The following areas shall be considered priority funding areas under this subtitle:

(1) a municipal corporation, including Baltimore City, except that:

  (i) those areas annexed by a municipal corporation after January 1, 1997 but before October 1, 2006 shall satisfy requirements relating to density and service by water and sewer set forth in Sec. 5-7B-03 of this subtitle; and

  (ii) those areas annexed by a municipal corporation after September 30, 2006, shall satisfy all of the requirements set forth in Sec. 5-7B-03 of this subtitle;

(2) an enterprise zone as designated under Title 5, Subtitle 7 of the Economic Development Article, or by the United States government;

(3) a certified heritage area as defined in Sec.Sec. 13-1101 and 13-1111 of the Financial Institutions Article that is located within a locally designated growth area;

(4) those areas of the State located between Interstate Highway 495 and the District of Columbia;

(5) those areas of the State located between Interstate Highway 695 and Baltimore City; and

(6) an area designated by the governing body of a county or municipal corporation under Sec. 5-7B-03 of this subtitle.

#### Section 5-7B-03

(a)

  (1) The governing body of a county or of a municipal corporation may designate priority funding areas as provided in this section.

  (2) The governing bodies of two or more adjoining counties, two or more municipal corporations, or any combination of adjoining counties and municipal corporations may designate, as provided in this section and in accordance with the regulations adopted by the Department of Planning, a priority funding area that combines two or more contiguous areas located in each of the local governments.

(b)

  (1) An area zoned or, if applicable, classified by January 1, 1997 principally for industrial use may be designated as a priority funding area.

  (2) An area zoned or, if applicable, classified after January 1, 1997, as industrial may be designated as a priority funding area if the area is served by a public or community sewer system.

(c)

  (1) An area where the principal uses of the area are for employment may be designated as a priority funding area if:

    (i) the area is served by public or community sewer systems; or

    (ii) public or community sewer systems are planned in the approved 10-year water and sewer plan.

  (2) An area zoned or, if applicable, classified after January 1, 1997 as industrial, or where the principal uses are for employment, in addition to meeting the criteria set forth in paragraph (1) of this subsection, shall be located within a locally designated growth area.

(d)

  (1) A community in existence prior to January 1, 1997 that is within a locally designated growth area may be designated as a priority funding area if the community:

    (i) is served by a public or community sewer system and in that part of the community designated by the local government for residential use or development:

      (1) there is an average density of at least 2.0 units per acre; or

      (2) if a portion of the community is undeveloped, the permitted average density is not less than 2.0 units per acre; or

    (ii) except as provided in paragraph (2) of this subsection, is served by a public or community water system and in that part of the community designated by the local government for residential use or development there is an average density of at least 2.0 units per acre.

  (2)

    (i) The provisions of paragraph (1)(ii) of this subsection do not apply to mobile home parks or communities with less than 10 units.

    (ii) Funding for a growth-related project under paragraph (1)(ii) of this subsection is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the community except for limited peripheral or in-fill development.

  (3)

    (i) If an existing community receives a public or community sewer system, an area beyond the periphery of the developed portion of the existing community may be designated as a priority funding area if the development of the area beyond the periphery:

      (1) has a permitted average density of at least 3.5 units per acre; and

      (2) the area is served by a public or community sewer system.

    (ii) The Department of the Environment may provide funding for a sewer system in an existing community beyond the periphery of the developed portion of the community if the expansion has a permitted average density of at least 3.5 units per acre.

(e) An area, other than an existing community under subsection (d) of this section, may be designated as a priority funding area if:

  (1) the area:

    (i) is within a locally designated growth area of the local government; and

    (ii) is planned to be served under the approved 10-year water and sewer plan;

  (2) the designation represents a long-term development policy for promoting an orderly expansion of growth and an efficient use of land and public services; and

  (3) in that part of the area designated by the local government for residential use or development, there is permitted an average density of not less than 3.5 units per acre.

(f)

  (1) A rural village may be designated as a priority funding area under this section if:

    (i) the village is designated in the county comprehensive plan as of July 1, 1998; and

    (ii) the boundary of the priority funding area is the periphery of the developed portion of the village as of July 1, 1998.

  (2) Funding for a growth-related project under this subtitle is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the village except for limited peripheral or in-fill development.

(g) The designation by a county, municipal corporation, or multiple local governments as provided in subsection (a)(2) of this section, of a priority funding area under this section shall be based on:

  (1) an analysis of the capacity of land areas available for development, including in-fill and redevelopment; and

  (2) an analysis of the land area needed to satisfy demand for development at densities consistent with the master plan.

(h) For the purposes of this section, average density shall be calculated based on the total acreage of all parcels in the area for which the principal permitted use is residential, excluding land:

  (1)

    (i) dedicated for public use by easement in perpetuity or fee acquisition; or

    (ii) dedicated recreational use;

  (2) subject to an agricultural easement under Sec. 2-508 of the Agriculture Article;

  (3) subject to an agricultural easement under a county agricultural land preservation program certified under Sec. 5-408 of this title;

  (4) used for cemetery purposes;

  (5) identified by a local government as:

    (i)

      (1) streams and their buffers;

      (2) 100-year flood plains;

      (3) habitats of threatened and endangered species; and

      (4) steep slopes; and

    (ii) on which development is prohibited by local law or ordinance; or

  (6) identified by a local government as delineated nontidal wetlands on which development is prohibited by State or local law or ordinance.

#### Section 5-7B-04

(a) Except as otherwise provided in this subtitle, beginning October 1, 1998, the State may not provide funding for a growth-related project if the project is not located within a priority funding area.

(b) In a priority funding area established under Sec. 5-7B-03(c) or (e) of this subtitle in which water and sewer service is planned, a commitment for funding for a growth-related project shall be contingent upon nonstate funding for planned water and sewer service moving forward in advance of or concurrent with the State funding.

(c)

  (1) A growth-related project may not be funded by the State in a municipal corporation exercising zoning authority unless the municipal corporation has first adopted residential development standards relating to public school adequacy. These standards shall be substantially similar to:

    (i) the State rated capacity standards established by the public school interagency committee on school construction; or

    (ii) the school capacity standards established in its county's adequate public facilities ordinance.

  (2) The requirement contained in paragraph (1) of this subsection does not apply:

    (i) in a municipal corporation exercising zoning authority located in a county in which no adequate school capacity standards have been established by the county governing body; or

    (ii) to a residential development project where an impact fee has been paid or other monetary or nonmonetary contributions have been provided that defray the local cost of school construction attributable to the project.

  (3) After October 1, 1997, prior to establishing or changing the school capacity standards in a county's adequate public facilities ordinance, the county shall confer with the governing bodies of the municipal corporations that exercise zoning authority located within the county.

  (4) For planning purposes, each county board of education shall annually provide to the county and each municipal corporation exercising zoning authority in the county:

    (i) a list of projected student enrollments for a 5-year period for each school serving students in or near that municipal corporation; and

    (ii) information relating to the student capacity of each school.

#### Section 5-7B-05

(a)

  (1) The State may provide funding for a growth-related project not in a priority funding area if:

    (i) the Board of Public Works determines that extraordinary circumstances exist in accordance with the requirements of paragraph (2) of this subsection; or

    (ii) the Board of Public Works approves the project as a transportation project that meets the requirements of paragraph (3) of this subsection.

  (2) In order to determine that extraordinary circumstances exist under paragraph (1) of this subsection, the Board shall determine by a majority vote that:

    (i) the failure to fund the project in question creates an extreme inequity, hardship, or disadvantage that clearly outweighs the benefits from locating a project in a priority funding area; and

    (ii) there is no reasonable alternative for the project in a priority funding area in another location within the county or an adjacent county.

  (3) The Board of Public Works may approve a transportation project under paragraph (1)(ii) of this subsection if the transportation project:

    (i) maintains the existing transportation system, if the Department of Transportation and the Department of Planning determine the project does not serve to significantly increase highway capacity;

    (ii) serves to connect priority funding areas, if:

      (1) the Department of Transportation and the Department of Planning determine that adequate access control or other measures are in place to:

      (A) prevent development that is inconsistent with Sec. 5-7A-01 of this title; and

      (B) maintain the viability of the project while concomitantly constraining development which potentially detracts from main street business areas; and

      (2) the Department of Transportation and the Department of Planning have first determined whether alternative transportation modes, such as mass transit and transportation demand management, provide a reasonable alternative to the project and that no reasonable alternative exists;

    (iii) has the sole purpose of providing control of access by the Department of Transportation along an existing highway corridor; or

    (iv) due to its operational or physical characteristics, must be located away from other development.

(b)

  (1) A request for approval by the Board under subsection (a) of this section may be made at the request of the governing body of the local jurisdiction in which the project is located or the Secretary with approval authority over the project.

  (2) When making a request to the Board of Public Works, the applicant shall:

    (i) identify the extraordinary circumstances that require State funds for the project; and

    (ii) demonstrate that no feasible alternatives exist to making an exception to the requirements of this subtitle.

  (3) The Board of Public Works, at its discretion, may require remedial actions to mitigate any negative impacts of the proposed project.

(c)

  (1) When a request is made to the Board of Public Works for an exception under this section, the Board of Public Works may request from the Department of Planning an advisory opinion on the request for the exception.

  (2) Upon receiving a request for an advisory opinion under this subsection, the Department, if requested by a member of the public, shall hold a public meeting to gather information relevant to the advisory opinion.

#### Section 5-7B-06

(a) The State may provide funding for a growth-related project not in a priority funding area without receiving approval from the Board of Public Works as provided under Sec. 5-7B-05 of this subtitle for:

  (1) a project that is required to protect public health or safety;

  (2) a project involving federal funds, to the extent compliance with this subtitle would conflict or be inconsistent with federal law;

  (3) a growth-related project related to a commercial or industrial activity which, due to its operational or physical characteristics, shall be located away from other development, including:

    (i) a natural resource based industry;

    (ii) an industry relating to:

      (1) agricultural operations, as defined in Sec. 7-101 of the Labor and Employment Article;

      (2) forestry activities; or

      (3) mineral extraction;

    (iii) an industry that is proximate to:

      (1) an airport facility;

      (2) a port facility;

      (3) a railroad facility;

      (4) a transit facility; or

      (5) a major highway interchange; or

    (iv) a tourism facility or museum that is required to be located away from other development due to necessary proximity to specific historic, natural, or cultural resources; or

  (4) a growth-related project involving funding for a project under:

    (i) Sec. 7-314 of this article;

    (ii) Title 5, Subtitle 3, Subtitle 4, or Subtitle 5 of the Economic Development Article; or

    (iii) Title 6, Subtitle 2 or Subtitle 3 of the Housing and Community Development Article.

(b) A procedure for notification, review, and comment on exceptions proposed under this section shall be established jointly by the applicable State agency and the Department of Planning.

#### Section 5-7B-07

(a) It shall be the policy of the State that the emphasis of funding for public school construction projects shall be to target the rehabilitation of existing schools to ensure that facilities in established neighborhoods are of equal quality to new schools.

(b) This section may not be construed to prohibit the provision of school construction funding outside a priority funding area.

(c) The Interagency Commission on School Construction shall review and approve school funding projects.

#### Section 5-7B-08

(a) To be eligible for funding for growth-related projects, a local government or two or more county governments shall certify to the Department of Planning any area designated by the local government or county governments as a priority funding area under Sec. 5-7B-03 of this subtitle, which shall be consistent with the local comprehensive plan and the criteria set forth in Sec. 5-7B-03 of this subtitle.

(b) Prior to certification of a priority funding area or areas, the local government or county governments may submit the proposed priority funding areas and any relevant information to the Department of Planning for:

  (1) technical assistance, review, and comment; and

  (2) the opportunity for public review.

(c) Upon certification of a priority funding area, the local government or county governments shall provide to the Department of Planning all information necessary to demonstrate the precise location of the area, including a map of the area showing planning and zoning characteristics, and existing and planned water and sewer services as appropriate.

(d) The Department of Planning, as appropriate, shall provide to each State agency that funds growth-related projects copies of maps illustrating:

  (1) priority funding areas certified by the local government or county governments; and

  (2) any comments by the Department of Planning on the areas certified.

(e) Prior to funding a growth-related project, the State funding agency shall obtain from the affected local government or county governments a written statement that the proposed growth-related project is located within a certified priority funding area.

#### Section 5-7B-09

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Infill development" means new development in a priority funding area on vacant, bypassed, and underutilized lands within existing developed areas.

  (3) "Smart neighborhood development" means a comprehensively planned, compact mixed use development within a priority funding area that integrates residential, commercial, open space, and public uses.

(b) The Department of Planning shall:

  (1) establish a process for the review of projects by the appropriate State agencies and the Department of Planning for compliance with this subtitle;

  (2) provide to each State agency and unit of State government the location of priority funding areas; and

  (3) make available to each county, and to the public for review, copies of maps illustrating:

    (i) priority funding areas certified by the local governments; and

    (ii) any comments by the Department of Planning on the areas certified.

(c) By October 1, 1998, the Department of Planning shall complete surveys of municipal, county, and State governments for infrastructure needs and shall maintain a list of needed projects that includes information relating to the financial capacity of the affected unit of government to undertake such projects.

(d) Repealed.

(e) The Department of Planning shall:

  (1) draft model land-use codes for infill development and smart neighborhood development;

  (2) draft guidelines to provide local governments with information on innovative planning and implementation techniques to encourage and facilitate infill development and smart neighborhood development;

  (3) circulate the models and guidelines to other State agencies and departments; and

  (4) work with local governments, State agencies, and departments to develop incentives to encourage the voluntary adoption and implementation by local governments of models and guidelines implementing the intent of the models and guidelines required to be developed by the Department of Planning under this section.

(f) Each State agency subject to this subtitle shall report annually to the Department of Planning on the implementation of this subtitle in a form approved by the Department of Planning.

#### Section 5-7B-10

(a) This section may not be construed to create a private cause of action for any person or local government.

(b) A decision to fund a project or not to fund a project as required under this subtitle shall not be subject to Title 10, Subtitle 2 (Administrative Procedure Act - Contested Cases) of the State Government Article.

(c) This subtitle may not be construed to prevent an agency from providing technical assistance in an area that is not a priority funding area.

### Subtitle 8. Patuxent River

#### Section 5-801

(a) In this subtitle the following words have the meanings indicated.

(b) "Commission" means the Patuxent River Commission.

(c) "Plan" means:

  (1) the Patuxent River Policy Plan that has been approved by the General Assembly; and

  (2) all amendments to that Plan that are approved under this subtitle.

#### Section 5-804

The Plan shall be used as a policy guide by local jurisdictions and units of the State government in carrying out their action and regulatory programs in the Patuxent River Watershed.

#### Section 5-805

(a)

  (1) The Department has primary responsibility for preparing proposed amendments to the Plan.

  (2) For the purpose of updating the Plan, the Department and the Commission shall together consider draft amendments to the Plan at least once every 5 years starting with October 1, 1995.

  (3) In preparing a proposed amendment, the Department shall consult with local jurisdictions and appropriate units of the State government, who shall:

    (i) provide the Department with pertinent information, including information on implementation of the Plan; and

    (ii) cooperate with and assist the Department in preparing the proposed amendment.

(b) Before the Department presents a proposed amendment to the Plan to local jurisdictions for their approval, the Commission shall:

  (1) review and comment on the proposed amendment and work with the Department in making any modifications to the proposed amendment that the Commission considers necessary;

  (2) distribute copies of the proposed amendment to the Governor, appropriate members of the General Assembly, the local jurisdictions entitled to voting representation on the Commission, other affected local jurisdictions, and appropriate units of the State government, for their information and comments; and

  (3) conduct at least 1 public hearing on the proposed amendment.

(c) After a proposed amendment to the Plan has been acted on by the Commission, the Department may present the proposed amendment to the governing bodies of the local jurisdictions entitled to voting representation on the Commission, for their approval, by resolution. The Department shall include any comments made by the Commission.

(d)

  (1) If the governing bodies of 6 of the 8 local jurisdictions entitled to voting representation on the Commission approve the proposed amendment, the Department shall present the proposed amendment to the General Assembly. The Department shall include any comments made by the Commission or by the governing bodies.

  (2) If the General Assembly, by joint resolution, approves the proposed amendment, the effective date of the amendment is immediate, unless otherwise specified in the amendment.

#### Section 5-806

(a) After the General Assembly approves an amendment to the Plan, the Department shall:

  (1) present copies of the approved amendment to the Governor and to each local jurisdiction entitled to voting representation on the Commission, for their information; and

  (2) make copies of the amendment to the Plan available to the general public.

(b) The Department continuously shall review and evaluate information related to the Patuxent River and its watershed.

(c) The Department periodically shall make and assist local jurisdictions and units of the State government in making environmental assessments of:

  (1) comprehensive planning programs, as they relate to the Patuxent River and its watershed; and

  (2) major land use changes, major regulatory actions, and major rezonings whether proposed or implemented as they relate to the Patuxent River and its watershed.

#### Section 5-807

Funds for the Patuxent River planning program described in this subtitle may include:

(1) money from the General Fund of the State;

(2) proceeds of special assessments, permit fees, or other fees;

(3) available special funds;

(4) local contributions; or

(5) federal grants.

#### Section 5-808

The staff for the Patuxent River planning program described in this subtitle shall consist of or be supplemented by personnel from the local jurisdictions and State departments entitled to voting representation on the Commission.

#### Section 5-809

(a) The Department shall review, evaluate, and report biennially to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly on the implementation of the Plan and the status of the Patuxent River and its watershed.

(b) The report shall include specific recommendations of the Department concerning implementation of the Plan and the bases for these recommendations.

(c) Before presenting its report to the General Assembly, the Department shall present the report to the Commission for its comments. The Department shall include any comments of the Commission when it presents the report to the General Assembly.

#### Section 5-812

There is a Patuxent River Commission in the Department.

#### Section 5-813

The existence of the Commission does not take away or limit the authority that any principal department of the State government had on July 1, 1980.

#### Section 5-814

(a) The Commission consists of the following 36 voting members:

  (1) 7 individuals, 1 from each of the following 7 counties, appointed by the Governor on the recommendation of the governing body of that county:

    (i) Anne Arundel County;

    (ii) Calvert County;

    (iii) Charles County;

    (iv) Howard County;

    (v) Montgomery County;

    (vi) Prince George's County; and

    (vii) St. Mary's County;

  (2) 1 individual representing the Washington Suburban Sanitary Commission, appointed by the Governor;

  (3) 1 individual from each of the following regional planning agencies, appointed by the Governor:

    (i) the Maryland-National Capital Park and Planning Commission, Montgomery County;

    (ii) the Maryland-National Capital Park and Planning Commission, Prince George's County; and

    (iii) the Tri-County Council for Southern Maryland;

  (4) 1 individual, representing a municipality in the watershed, appointed by the Governor on the recommendation of the corresponding governing body of that municipality;

  (5) 1 individual representing a large federal facility in the watershed, appointed by the Governor;

  (6) as far as possible, the following individuals appointed by the Governor with the advice and consent of the Senate, shall be selected to represent broad geographic, economic, and social interests within the watershed:

    (i) 2 individuals representing farming interests;

    (ii) 1 individual representing business interests;

    (iii) 4 individuals representing environmental and citizen interests;

    (iv) 2 individuals representing developer interests;

    (v) 1 individual representing academic interests;

    (vi) 2 individuals, 1 each, representing 2 soil conservation districts;

    (vii) 1 individual representing the University of Maryland Cooperative Extension Service;

    (viii) 1 individual representing watermen interests; and

    (ix) 1 individual representing an organization or unit of local government engaged in watershed management and restoration;

  (7) the Patuxent Riverkeeper; and

  (8) as ex officio members:

    (i) the Secretary of Agriculture or a designee;

    (ii) the Secretary of the Environment or a designee;

    (iii) the Secretary of Natural Resources or a designee;

    (iv) the Secretary of Planning or a designee;

    (v) the Secretary of Transportation or a designee;

    (vi) the Chief of the Planning Division, U.S. Army Corps of Engineers, Baltimore District or a designee; and

    (vii) the President of the University of Maryland Center for Environmental Science or a designee.

(b)

  (1) The term of a member appointed under subsection (a)(1) through (6) of this section is 4 years.

  (2) At the end of a term, a member appointed under subsection (a)(1) through (6) of this section continues to serve until a successor is appointed and qualifies.

  (3) A member who is appointed under subsection (a)(1) through (6) of this section after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (4) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1995.

(c)

  (1) The Commission may establish and abolish nonvoting memberships.

  (2) A nonvoting member shall be appointed by the Commission for a term set by the Commission.

#### Section 5-815

(a) From among its voting members, the Commission shall elect a Chairman.

(b) From among its voting members, the Commission may elect a vice chairman and any other officers it requires.

(c) The manner of election of officers and their terms of office shall be as the Commission determines.

#### Section 5-816

In addition to its other powers and duties, the Commission shall:

(1) review the operation of units of State and local government that have responsibility for implementation of the Plan;

(2) provide a clearinghouse for information on the Patuxent River and its watershed;

(3) review and comment on plans and reports related to the Patuxent River and its watershed; and

(4) serve as the tributary strategy team for the Patuxent Watershed, coordinating the Patuxent tributary strategy with the Plan.

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Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)