Title 5. State Planning — Subtitle 3. General Authority and Responsibilities of Department
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Fin. & Proc. § 5-301 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–301LinkCopy Citation
(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.
Md. Code Ann., State Fin. & Proc. § 5-302 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–302LinkCopy Citation
The Department shall function in part as an advisory, consultative, and coordinating agency.
Md. Code Ann., State Fin. & Proc. § 5-303 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–303LinkCopy Citation
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.
Md. Code Ann., State Fin. & Proc. § 5-304 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–304LinkCopy Citation
(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 § 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.
Md. Code Ann., State Fin. & Proc. § 5-305 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–305LinkCopy Citation
(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.
Md. Code Ann., State Fin. & Proc. § 5-306 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–306LinkCopy Citation
(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.
Md. Code Ann., State Fin. & Proc. § 5-307 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–307LinkCopy Citation
(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 § 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 § 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.
Md. Code Ann., State Fin. & Proc. § 5-308 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–308LinkCopy Citation
(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 § 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.
Md. Code Ann., State Fin. & Proc. § 5-309 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–309LinkCopy Citation
The Department may exercise any power necessary and proper to discharge its duties.
Md. Code Ann., State Fin. & Proc. § 5-310 (2026)
Title 5. State Planning
Subtitle 3. General Authority and Responsibilities of Department
§ 5–310LinkCopy Citation
(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 § 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 § 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.