Financial Institutions Article, Title 13, Subtitle 11, Annotated Code of Maryland, establishes the Maryland Heritage Areas Authority and the Maryland System of Heritage Areas. The Maryland Heritage Areas Authority is an independent unit in the Executive Branch of State Government that operates within the Maryland Department of Planning and is authorized to consider proposals submitted by local jurisdictions for designation of a heritage area as a recognized heritage area. Once a heritage area is designated by the Authority as a recognized heritage area, grant funds are available through the Authority for the development of a management plan for the heritage area. A management plan for a heritage area must be approved by the Authority before the Authority can designate the heritage area as a certified heritage area under COMAR 14.29.02. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means Financial Institutions Article, §§13-1101—13-1124, Annotated Code of Maryland. “Authority” means the Maryland Heritage Areas Authority established by the Act. “Certified heritage area” means a recognized heritage area that has been designated as a certified heritage area by the Authority in accordance with the Act and COMAR 14.29.02 “Geographic information system file” means an electronic data file that captures, stores, and displays various types of spatial and attribute data on a map. “Heritage area” means a contiguous or noncontiguous developed geographic area of public and private uses that: Can range in size from as small as a portion of a county or municipal corporation to as large as a regional area; Has a coherent and cohesive special character; Is distinguished by a concentration of natural, recreational, cultural, and historic resources of Statewide significance that have played a vital role in the historic life and development of the area and contribute to the public through interpretive, educational, and recreational uses; and May include traditional parks and historic places or properties. “Heritage area management entity” means either a nonprofit organization or an agency of either State or local government that is or will be responsible for coordinating development of a management plan for a recognized heritage area or is responsible for implementing the management plan for a certified heritage area. “Local jurisdiction” means any of the 23 counties of the State, the City of Baltimore, any municipal corporation in the State that is subject to the provisions of Article XI-E of the Maryland Constitution, or any of their duly authorized agencies or instrumentalities. “Management plan” means a document prepared and approved in accordance with the Act and COMAR 14.29.02, that includes a comprehensive strategy expressed in words, maps, illustrations, or other media for planning, implementing, and achieving the goals and objectives of a heritage area. “Recognized heritage area” means a heritage area designated by the Authority as a recognized heritage area in accordance with this chapter. A local jurisdiction with land area located within the geographic boundaries of a heritage area may submit to the Authority a proposal for designation of the heritage area as a recognized heritage area, and if the land area of the heritage area is located within more than one local jurisdiction the proposal shall be jointly submitted by each of the local jurisdictions. A proposal for designation of a recognized heritage area shall: Include a geographic information system file that identifies the boundaries for the heritage area; Include a resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction with land area located within the boundaries of the heritage area establishing that the local jurisdiction has approved the proposal; Identify the heritage area management entity; Identify and describe the natural, recreational, cultural, and historic resources that contribute to the special cohesive character of the heritage area; Identify, as located within the heritage area, any: Historic districts either listed, or determined by the Director of the Maryland Historical Trust to be eligible for listing, in the Maryland Register of Historic Properties; or Natural or recreational resources determined by the Secretary of Natural Resources to be of Statewide significance; Specify the general goals and objectives for preservation, development, and management of the heritage area; Identify the types of public and private uses within the heritage area that will be intended or designed to advance the goals and objectives of the heritage area; Describe the strategies for encouraging and accommodating visitation to, and the compatible economic development of, the heritage area; Provide an economic overview of both the short-term and long-term costs and benefits related to development of the heritage area; Describe the methods and means to be instituted by the local jurisdictions to assure the long-term preservation and protection of the heritage area’s resources, including zoning, subdivision, and other growth management controls; To the extent that any of the following State agencies have programs or plans that may be affected by, or may be able to coordinate on, the designation of the heritage area as a recognized heritage area, identify to what extent such agencies were consulted during development of the proposal: Department of Housing and Community Development regarding housing and neighborhood revitalization; Maryland Department of Planning regarding land use planning, historic preservation, museum programs, and management of cultural and historic resources; Department of Commerce regarding tourism, economic development, and job creation; Department of Natural Resources regarding outdoor recreation and the management of natural resources and State greenways; Department of Agriculture regarding agricultural activities; Maryland Higher Education Commission and the State Department of Education regarding educational resources and education of the public about the heritage areas; Department of Transportation regarding access to and transportation within the heritage area, including on the State scenic byways program and programs for special signage; and Department of General Services regarding the management, maintenance, and disposition of State property; and Include any additional information as may be requested by the Authority either prior or subsequent to submission of the proposal. The Authority shall review a proposal submitted under Regulation .03 of this chapter for designation of a heritage area as a recognized heritage area. The Authority may designate a heritage area as a recognized heritage area only if the Authority finds that: The proposal for designation includes all information and requirements of Regulation .03B of this chapter; The area proposed for designation satisfies the definition of a heritage area set forth in Regulation .02B(5) of this chapter; The area includes at least one or more: Historic districts either listed, or determined by the Director of the Maryland Historical Trust to be eligible for listing, in the Maryland Register of Historic Properties; or Natural or recreational resources determined by the Secretary of Natural Resources to be of Statewide significance; and Public assistance for the heritage area is reasonably expected to produce: Additional private investments; Job creation; and Tourism revenues. The Authority shall disapprove a proposal for designation of a heritage area as a recognized heritage area if the proposal does not satisfy the criteria in §B of this regulation. If a proposal for designation of a heritage area as a recognized heritage area satisfies the criteria in §B of this regulation, the Authority may: Approve the proposal, which shall constitute designation of the heritage area as a recognized heritage area; or Approve the proposal subject to one or more modifications as determined necessary by the Authority, which shall constitute designation of the heritage area as a recognized heritage area, as modified by the Authority. In determining whether to approval or disapprove a proposal under this regulation, the Authority may consider as factors: The number of certified heritage areas in existence at the time of the determination; and Financial resources available or anticipated to be available. Upon reaching a determination under either §C or D of this regulation, the Authority shall promptly send written notice of the determination to each local jurisdiction that submitted the proposal and to the heritage area management entity identified in the proposal. The boundaries of a recognized heritage area approved under this regulation shall be: The boundaries of the heritage area as identified in the geographic information system file submitted with the proposal for designation as a recognized heritage area, as approved or approved with modifications by the Authority; Posted on the website of the Maryland Historical Trust in the form of a Uniform Resource Locator (URL) to the geographic information system file; and Published in the Maryland Register by the Authority in the form of a Uniform Resource Locator (URL) to the geographic information system file. A local jurisdiction within, or the heritage area management entity for, a recognized heritage area may apply for a grant from the Authority under COMAR 14.29.03 to assist with the development of a management plan for the heritage area. The Authority shall consider a proposal to amend the boundaries of the recognized heritage area if the proposal: Is submitted by the heritage area management entity; Is approved by resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction with land area located either within the portion of a recognized heritage area to be removed or within the area proposed to be added to the recognized heritage area; Includes a geographic information system file that identifies the boundaries of the area proposed to be removed or added; and Contains information or explanation as to why an area proposed to be added, viewed in relation to the recognized heritage area, satisfies the criteria for designation in Regulation .04B of this chapter. When considering a proposal submitted under Regulation .05A of this chapter, the Authority shall: Approve, approve with modification, or disapprove the proposal; Send written notice of the action taken on the proposal to the heritage area management entity and all the local jurisdictions that approved of the proposal; and If it approves the proposal or approves the proposal with modification: Publish in the Maryland Register a Uniform Resource Locator (URL) to a geographic information system file for the revised boundaries; and Post on the website of the Maryland Historical Trust a Uniform Resource Locator (URL) to a geographic information system file for the revised boundaries. The Authority may adopt written policies or guidelines related to or governing the criteria for and administration of the procedures for designating recognized heritage areas and shall post any such adopted policies or guidelines on the website hosted by the Maryland Historical Trust. A determination of the Authority made under Regulations .04 or .05 of this chapter is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Authority may waive or vary a provision of this chapter if the waiver or variance is consistent with the Act and, as determined by the Authority, application of the provision in a specific instance or case, or in an emergency situation, would be inequitable or contrary to the purposes of the Act. A person who knowingly makes or causes to be made a false statement submitted or made to the Authority in connection with a proposal for designation of a heritage area as a recognized heritage area is subject to any penalties authorized by law. Financial Institutions Article, §§13-1107(6) and 13-1110, Annotated Code of Maryland Effective date: July 13, 1997 (24:14 Md. R. 1014) Regulations .01—.09 repealed and new Regulations .01—.08 adopted effective November 4, 2019 (46:22 Md. R. 978)