These regulations apply to major capital improvement projects and public works projects to be funded by the Department or a unit of the Department with State or federal funds. These regulations do not apply to any project for which: 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Identified as a capital project in the State Capital Budget; or That is a major capital improvement under a statute authorizing a program of the Department. “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. The State Economic Growth, Resource Protection, and Planning Policy is that: Development shall be concentrated in suitable areas; Sensitive areas shall be protected; In rural areas, growth shall be directed to existing population centers, and resource areas shall be protected; Stewardship of the Chesapeake Bay and the land shall be a universal ethic; Conservation of resources, including a reduction in resource consumption, shall be practiced; To encourage the achievement of the policies in §§A—E of this regulation, economic growth shall be encouraged and regulatory mechanisms shall be streamlined; and Funding mechanisms shall be addressed to achieve the policies of §§A—F of this regulation. The Department may fund a project if it complies with this regulation or Regulation .05 of this chapter. The project shall be determined to be consistent generally with the State Growth Policy, and demonstrate specifically that the project: Is located: On a site suitable for infill development or redevelopment which: Is occupied by a structure to be rehabilitated, Was previously improved with a structure, or Is surrounded by development; or In an area: Designated for growth, Within an existing sewer service area or an area planned for service within 5 years under the adopted county water and sewerage plan, and With public facilities and services that are adequate under standards adopted by the local jurisdiction; If in a rural area, is: Located in an existing population center or its designated growth area; and Sensitive to resource areas, including agricultural and forest lands; Is designed with sensitivity for sensitive areas, including: Streams and stream buffers; 100-year flood plains; Habitats of threatened or endangered species; and Steep slopes; and Is consistent with the comprehensive plan of the local jurisdiction in which the project is located. The Department may fund a project even if the project cannot meet the requirements in Regulation .04 of this chapter, if the project is determined to: Be warranted by extraordinary circumstances, defined as circumstances that: Require emergency action, or Provide a unique opportunity to promote the purposes of the unit and the State Growth Policy; and Have no reasonably feasible alternative, defined as an alternative that: 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. The determinations under Regulation .04 or .05 of this chapter shall be: 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. Filing. 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. Finality Determination. The determination evidenced by the project report under §A(1) of this regulation becomes final and the unit may proceed with the project after: For a determination of consistency, the date: The Interagency Economic Growth, Resource Protection, and Planning Committee concurs in the determination; or That is the later of: 15 days from the date the project report is filed with the Office of Planning, if no Committee member has requested review by the Committee, or 45 days from the date the Committee has failed to act if a Committee member has requested review by the Committee; For a determination of inconsistency with extraordinary circumstances: The date the Committee concurs in the determination; or 45 days from the date the project report is filed with the Office of Planning, if the Committee has failed to act; or 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. Before issuance of a determination approving a project, the Secretary shall execute a written determination that the project complies with Regulation .04 or .05 of this chapter and that the determination has been finalized under Regulation .06 of this chapter. State Finance and Procurement Article, §5-7A-02(a),Annotated Code of Maryland;Executive Order 01.01.1992.27C and F Effective date: Regulations .01—.07 under COMAR 05.01.06 Assisted Housing Preservation Act Exemptions adopted as an emergency provision effective May 4, 1990 (17:11 Md. R. 1331); emergency status expired January 4, 1991 Regulations .01—07 adopted effective December 20, 1993 (20:25 Md. R. 1940)