In this subtitle, “Plan” means the State Development Plan.
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.
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.
The Department shall base the Plan on studies of governmental, economic, physical, and social conditions and trends.
In the preparation and revision of the Plan or any part of it, the Department shall:
seek comments from and consult with the local governments of the areas that are affected by the Plan; and
seek the cooperation and advice of appropriate:
governmental units;
regional planning commissions;
public or private educational institutions;
public or private research organizations;
civic groups; and
interested persons.
The Plan shall embody the policy recommendations of the Department regarding the economic and physical development of the State.
On completion, the Secretary shall send to the Governor the Plan, any substantial part of the Plan, or any revision to the Plan.
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:
the Department shall make copies of the material filed available for general distribution or sale; and
the Governor shall send copies of the material filed:
to the head of each unit of the State government; and
subject to § 2-1257 of the State Government Article, to the General Assembly.
The Plan may not be used to deny:
a State–issued permit; or
State funding:
mandated by statute or regulation; or
provided for in the State operating budget or capital budget.
The Plan does not:
supersede any State statute or regulation;
supersede any local ordinance or regulation;
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
overturn or prevent a decision of a local jurisdiction to fund a project.
The Plan may not require a local government to change or alter a local ordinance, regulation, or comprehensive plan.
The Plan shall contain a statement of the objectives, standards, and principles sought to be expressed in the Plan.
The Plan shall contain a comprehensive analysis and evaluation of the capital plans and programs of each unit of the State government.
The Plan shall contain a review and analysis of:
all federal grants, loans, or services available to the State;
all State grants to local governments; and
the impact of any existing or proposed federal program on the State.
The Plan shall identify all areas designated by the Department as areas of critical State concern.
Each county shall recommend to the Department those areas in the county that should be designated as areas of critical State concern.
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.
The Secretary may adopt regulations for the political subdivisions to use in recommending areas to be designated as areas of critical State concern.
The Department shall:
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;
give each political subdivision affected by a proposed designation at least 45 days to review and comment on the proposed designation; and
publish its designation of areas of critical State concern, together with all written comments received from political subdivisions regarding the areas designated.
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:
environmental and natural factors, including climate, soil and underground conditions, topography, and water sources and bodies of water;
present and prospective economic bases of the State;
water and sewerage facilities;
trends of industrial, population, or other developments;
habits and standards of life of the people of the State; and
the relation of land use in the State to land use in adjoining areas.
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:
their function, size, extent, or legal status;
the fact that their authorization, location, or construction is legally under the jurisdiction of a unit of the State government; or
any other reason that makes inclusion in the Plan appropriate.
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.
The Plan shall contain the recommendations of the Secretary concerning any current or impending problem that may affect the State as a whole.