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<regulation prefix="Regulation" num=".03" citation="COMAR 14.29.02.03" title_num="14" subtitle_num="29" chapter_num="02" heading="Proposals for Designation of Certified Heritage Areas.">
  <paragraph num="A.">
    <text>A local jurisdiction with land area located within the geographic boundaries of a recognized heritage area may submit to the Authority a proposal for designation of the recognized heritage area as a certified heritage area, and if land area of the recognized heritage area is located within more than one local jurisdiction the proposal shall be jointly submitted by each of the local jurisdictions.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Before submitting to the Authority a proposal for designation of a certified heritage area, the governing body of each local jurisdiction with land area located within the boundaries of the proposed certified heritage area must, by resolution, ordinance, or other appropriate authorization:</text>
    <paragraph num="(1)">
      <text>Approve submission of the proposal to the Authority; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Preliminarily approve adoption of an amendment to the jurisdiction’s local plan that incorporates the management plan for the heritage area.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A proposal for designation of a certified heritage area shall be submitted to the Authority within 45 days after the last local jurisdictions’ approvals under Regulation .03B of this chapter are completed.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A proposal for designation of a certified heritage area shall include:</text>
    <paragraph num="(1)">
      <text>An adopted resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction with land area located within the boundaries of the proposed certified heritage area that amends the local plan of the local jurisdiction to incorporate the proposed management plan into the local plan;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A proposed management plan for the heritage area that:</text>
      <paragraph num="(a)">
        <text>Was developed in cooperation and consultation with the Authority and relevant private interests;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Contains a geographic information system file that identifies the boundaries for the proposed certified heritage area;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Identifies the heritage area management entity and describes:</text>
        <paragraph num="(i)">
          <text>Its organizational structure;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Its relations with agencies of State and local government; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The specific performance criteria and methods for data collection and analysis that the heritage area management entity will use to measure success in achieving the goals and objectives of the management plan;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Identifies the land use recommendations for all land areas within the proposed certified heritage area as detailed in the corresponding local plan;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Identifies the types of public and private uses that will be encouraged and promoted within the proposed certified heritage area;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Identifies the local zoning for all land areas located within the proposed certified heritage area, which shall specify potential intensity of uses and identify those zones that are most appropriately devoted to, respectively, public uses and private uses;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Identifies property, if any, to be acquired, in whole or in part, for the benefit of the proposed certified heritage area by a local jurisdiction or other entity authorized by a local jurisdiction;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Describes those educational, interpretive, and recreational programs and projects planned to be undertaken within the proposed certified heritage area;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Describes plans for encouraging and accommodating visitation to, and compatible economic development of, the proposed certified heritage area;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Includes an economic assessment of both the short-term and long-term costs and benefits related to implementation of the management plan, including identification of anticipated sources of funding for implementation of the management plan;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Contains an inventory and evaluation of the significant natural, recreational, cultural, and historic resources located within the proposed certified heritage area;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>Describes the plans and the means and methods for preserving and protecting the natural, recreational, cultural, and historic resources located within the proposed certified heritage area, including identification and summary of any existing or proposed local law or ordinance that:</text>
        <paragraph num="(i)">
          <text>Designates or operates to protect cultural or historic properties or natural areas; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Assures that future local actions and development will be consistent with the goals and objectives of preserving the natural, recreational, cultural, and historic resources of the proposed certified heritage area;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(m)">
        <text>If the management plan proposes enactment of local law or ordinance to provide for one or more historic preservation commissions that would govern historic sites, structures, or districts located within the proposed certified heritage area, verifies that the provisions of the proposed enactment or enactments will:</text>
        <paragraph num="(i)">
          <text>Be consistent with Land Use Article, Title 8, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Provide that members of the historic preservation commission will have minimum professional requirements established by the United States Department of the Interior under Part 61, Title 36, Code of Federal Regulations, for certifying local governments; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Provide that the historic preservation commission must review and approve the plans of any project that the local jurisdiction conducts, assists, licenses, or permits, if the project may affect a property located within the proposed certified heritage area that is either designated as historic by the local jurisdiction or is listed or eligible for listing in the Maryland Register of Historic Properties;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(n)">
        <text>Includes a schedule for the planning, development, and management of the proposed certified heritage area; and</text>
      </paragraph>
      <paragraph num="(o)">
        <text>Demonstrates that the capabilities and capacities exist within the proposed certified heritage area, by or through either the heritage area management entity or local government agencies, to implement and manage the proposed certified heritage area, including the capability and capacity to:</text>
        <paragraph num="(i)">
          <text>Accept and disburse funds;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Acquire, improve, and dispose of property;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Manage, operate, and maintain appropriate public facilities; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Adopt and enforce land use and preservations standards and controls necessary to protect the significance natural, recreational, cultural, and historic resources located within the proposed certified heritage area; and</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Any additional information as may be requested by the Authority either prior or subsequent to submission of the proposal.</text>
    </paragraph>
  </paragraph>
</regulation>