Chapter 06. State Economic Growth, Resource Protection, and Planning Policy Project Review

A valid building permit was issued before October 1, 1992;

A state commitment for a grant, loan, loan guarantee, or insurance was issued before October 1, 1992;

Final review under the National Environmental Policy Act or the Maryland Environmental Policy Act was completed by October 1, 1992; or

Final review through the State Clearinghouse for Intergovernmental Assistance was completed before January 1, 1993.

“Code” means the Annotated Code of Maryland.

“Department” means the Department of Housing and Community Development.

“Interagency Economic Growth, Resource Protection, and Planning Committee” or “Committee” means the Interagency Economic Growth, Resource Protection, and Planning Committee established under Executive Order 01.01.1992.27.

“Local jurisdiction” means any of the 23 counties of Maryland, the City of Baltimore, any municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution, and any duly authorized agency or instrumentality of the local jurisdiction.

“Major capital improvement project” means a project:

“Project” means a major capital improvement project or a public works project.

“Public works project” means a project expected to be owned by a public entity.

“Secretary” means the Secretary of Housing and Community Development, or the Secretary's designee.

“State Growth Policy” means the State Economic Growth, Resource Protection, and Planning Policy set forth in Regulation .03 of this chapter.

“Unit” or “unit of the Department” means an administration, board, commission, trust, fund, agency, or program within the Department providing funding for a project.

On a site suitable for infill development or redevelopment which:

In an area:

Located in an existing population center or its designated growth area; and

Sensitive to resource areas, including agricultural and forest lands;

Streams and stream buffers;

100-year flood plains;

Habitats of threatened or endangered species; and

Steep slopes; and

Require emergency action, or

Provide a unique opportunity to promote the purposes of the unit and the State Growth Policy; and

Is capable of being carried out,

Is readily identifiable by the unit,

Is reasonably related to and will carry out the purposes of the State Growth Policy,

Has reasonably ascertainable effects distinguishable from and less environmentally damaging than the project proposed,

Is within the expertise of the unit or other State units,

Can be implemented practically and effectively, not remotely or speculatively, and

Is realistic and reasonably available within the time the unit intends to act.

Evidenced by a written project report signed by the unit and the Secretary's designee; and

Finalized in accordance with the procedures set forth in this regulation and Regulation .07 of this chapter.

The Secretary's designee shall file with the State Office of Planning the project report required under §A(1) of this regulation.

If the project report concludes that a project is an inconsistent project with extraordinary circumstances, the Secretary's designee shall submit with the report the documentation, if any, that the unit provided to any local jurisdiction directly affected by the project for comment on the project.

The Secretary's designee may withdraw a project report filed with the Office of Planning by filing a withdrawal with the Office at any time before the determination becomes final.

For a determination of consistency, the date:

For a determination of inconsistency with extraordinary circumstances:

For a determination of consistency or of inconsistency with extraordinary circumstances in which the Committee does not concur and which the unit or the Committee refers to the Governor, the date the Governor determines the project is consistent or is inconsistent with extraordinary circumstances.