# COMAR Title 11 — Department of Transportation

## Subtitle 04 — State Highway Administration

### Chapter 13 — Smart Growth

**Authority:** Transportation Article, §8-204(b); State Finance and Procurement Article, §§5-7B-02 and 5-7B-06; Annotated Code of Maryland

**Administrative History:** Effective date: September 2, 2002 (29:17 Md. R. 1381)

#### Regulation .01 Purpose.

*COMAR 11.04.13.01*

The purpose of this chapter is to establish guidelines for determining if a growth-related transportation project is located within a priority funding area to comply with State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.

#### Regulation .02 Definition.

*COMAR 11.04.13.02*

A. In this chapter, the following term has the meaning indicated.

B. Term Defined. “Priority funding area” has the meaning stated in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.

#### Regulation .03 Projects Located Within a Priority Funding Area.

*COMAR 11.04.13.03*

A. After consultation with the Maryland Department of Planning, the Administration may deem a transportation project to be a priority funding area, even if segments of the project are outside the priority funding area, if:

  (1) Each segment:

    (a) Standing alone would be exempt under State Finance and Procurement Article, §5-7B-06, Annotated Code of Maryland;

    (b) Is necessary to eliminate or reduce the number of access points to a highway;

    (c) Is necessary to avoid denying access to a property owner with existing access;

    (d) Improves or maintains an existing roadway without significantly increasing capacity; or

    (e) Comprises less than 5 percent of the lane mileage of the total project length; and

  (2) The total lane mileage of segments described in §A(1)(a), (b), (c), and (e) of this regulation, does not exceed 20 percent of the total lane mileage of the project.

B. If a highway or roadway serves as a boundary of a priority funding area, all portions of that highway or roadway immediately adjacent to the priority funding area, such as ramps, bridges, and overpasses, shall be deemed to be the priority funding area for purposes of State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.