# COMAR Title 14 — Independent Agencies

## Subtitle 29 — Maryland Heritage Areas Authority

### Chapter 02 — Adoption of Management Plans and Designation of Certified Heritage Areas

**Authority:** Financial Institutions Article, §§13-1107(6) and (12), 13-1111, and 13-1113, Annotated Code of Maryland

**Administrative History:** Effective date: October 20, 1997 (24:21 Md. R. 1452)

**Administrative History:** Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 406)

**Administrative History:** Regulation .03B amended effective December 25, 2000 (27:25 Md. R.2283); August 18, 2003 (30:16 Md. R. 1076)

**Administrative History:** Regulation .04 amended effective December 25, 2000 (27:25 Md. R. 2283); June 10, 2002 (29:11 Md. R. 890); August 18, 2003 (30:16 Md. R. 1076); April 24, 2017 (44:8 Md. R. 406)

**Administrative History:** Regulation .05 amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

**Administrative History:** Regulation .05A amended effective April 24, 2017 (44:8 Md. R. 406)

**Administrative History:** Regulation .06 amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

**Administrative History:** Regulation .06A amended effective April 24, 2017 (44:8 Md. R. 406)

**Administrative History:** Regulation .08A amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

**Administrative History:** Regulation .09B amended effective December 25, 2000 (27:25 Md. R. 2283)

**Administrative History:** Regulations .01—.12 repealed and new Regulations .01—.10 adopted effective November 4, 2019 (46:22 Md. R. 978)

#### Regulation .01 General.

*COMAR 14.29.02.01*

A. Financial Institutions Article, Title 13, Subtitle 11, Annotated Code of Maryland, establishes the Maryland Heritage Areas Authority and the Maryland System of Heritage Areas.

B. 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 recognized heritage area as a certified heritage area.

C. Once a recognized heritage area is designated by the Authority as a certified heritage area, certain entities located within the heritage area may apply for and receive grants and loans as provided by Financial Institutions Article, §13-1113, Annotated Code of Maryland, and COMAR 14.29.04 and 14.29.05.

#### Regulation .02 Definitions.

*COMAR 14.29.02.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means Financial Institutions Article, §§13-1101—13-1124, Annotated Code of Maryland.

  (2) “Authority” means the Maryland Heritage Areas Authority established by the Act.

  (3) “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 this chapter.

  (4) “Fund” means the Maryland Heritage Areas Authority Financing Fund established by the Act.

  (5) “Geographic information system file” means an electronic data file that captures, stores, and displays various types of spatial and attribute data on a map.

  (6) “Heritage area” means a contiguous or noncontiguous developed geographic area of public and private uses that:

    (a) Can range in size from as small as a portion of a county or municipal corporation to as large as a regional area;

    (b) Has a coherent and cohesive special character;

    (c) 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

    (d) May include traditional parks and historic places or properties.

  (7) “Heritage area management entity” means a nonprofit organization or 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.

  (8) “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.

  (9) Local Plan.

    (a) “Local plan” means the policies, statements, goals, and plans for private and public land use, transportation, and community facilities, documented in texts and maps and established as the guide for future development within a jurisdiction or area.

    (b) “Local plan” includes a general plan, master plan, comprehensive plan, community plan, sector plan, or similar plan adopted by a local jurisdiction in accordance with the Land Use Article, Annotated Code of Maryland.

  (10) “Management plan” means a document prepared and approved in accordance with the Act and this chapter, that includes a comprehensive strategy expressed in words, maps, illustrations, or other media for planning, implementing, and achieving the goals and objectives of the heritage area.

  (11) “Recognized heritage area” means a heritage area designated by the Authority as a recognized heritage area in accordance with COMAR 14.29.01.

#### Regulation .03 Proposals for Designation of Certified Heritage Areas.

*COMAR 14.29.02.03*

A. 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.

B. 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:

  (1) Approve submission of the proposal to the Authority; and

  (2) Preliminarily approve adoption of an amendment to the jurisdiction’s local plan that incorporates the management plan for the heritage area.

C. 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.

D. A proposal for designation of a certified heritage area shall include:

  (1) 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;

  (2) A proposed management plan for the heritage area that:

    (a) Was developed in cooperation and consultation with the Authority and relevant private interests;

    (b) Contains a geographic information system file that identifies the boundaries for the proposed certified heritage area;

    (c) Identifies the heritage area management entity and describes:

      (i) Its organizational structure;

      (ii) Its relations with agencies of State and local government; and

      (iii) 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;

    (d) Identifies the land use recommendations for all land areas within the proposed certified heritage area as detailed in the corresponding local plan;

    (e) Identifies the types of public and private uses that will be encouraged and promoted within the proposed certified heritage area;

    (f) 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;

    (g) 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;

    (h) Describes those educational, interpretive, and recreational programs and projects planned to be undertaken within the proposed certified heritage area;

    (i) Describes plans for encouraging and accommodating visitation to, and compatible economic development of, the proposed certified heritage area;

    (j) 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;

    (k) Contains an inventory and evaluation of the significant natural, recreational, cultural, and historic resources located within the proposed certified heritage area;

    (l) 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:

      (i) Designates or operates to protect cultural or historic properties or natural areas; and

      (ii) 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;

    (m) 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:

      (i) Be consistent with Land Use Article, Title 8, Annotated Code of Maryland;

      (ii) 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

      (iii) 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;

    (n) Includes a schedule for the planning, development, and management of the proposed certified heritage area; and

    (o) 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:

      (i) Accept and disburse funds;

      (ii) Acquire, improve, and dispose of property;

      (iii) Manage, operate, and maintain appropriate public facilities; and

      (iv) 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

  (3) Any additional information as may be requested by the Authority either prior or subsequent to submission of the proposal.

#### Regulation .04 Review of Proposals and Designation.

*COMAR 14.29.02.04*

A. Within 90 days of receiving a proposal under Regulation .03 of this chapter, the Authority shall:

  (1) Hold at least one public hearing concerning the proposed management plan within the proposed certified heritage; and

  (2) Approve, approve with conditions, or disapprove the proposed management plan.

B. The Authority shall disapprove a proposed management plan for a proposed certified heritage area if the Authority determines that:

  (1) The management plan does not adequately carry out the purposes of the Act; or

  (2) The proposal does not include all information required under, or meet all requirements of, Regulation .03D of this chapter.

C. If the Authority determines that a proposed management plan for a proposed certified heritage area includes all information required under, and meets all requirements of, Regulation .03D of this chapter, the Authority may:

  (1) Approve the proposed management plan; or

  (2) Approve the proposed management plan subject to one or more modifications as determined necessary by the Authority.

D. In determining whether to approval or disapprove a proposal under this regulation, the Authority may consider as factors:

  (1) The number of certified heritage areas in existence at the time of the determination; and

  (2) Financial resources available or anticipated to be available.

E. Upon reaching a determination under either §B or C of this regulation, the Authority shall promptly send written notice to the heritage area management entity and each local jurisdiction that submitted the proposed management plan:

  (1) Of the Authority’s determination; and

  (2) If the Authority disapproved the plan, of the reasons for disapproval and recommendations on how the plan might be revised to make it approvable.

F. Subject to §G of this regulation, an approval or an approval with modifications by the Authority of a proposed management plan shall constitute designation of the proposed certified heritage area as a certified heritage area.

G. During any one State fiscal year, the Authority may designate not more than two recognized heritage areas as certified heritage areas.

H. The boundaries of a certified heritage area shall be:

  (1) The boundaries of the proposed certified heritage area as identified in the geographic information system file submitted with the proposal for designation as a certified heritage area, as approved or approved with modifications by the Authority;

  (2) Published in the Maryland Register by the Authority in the form of a Uniform Resource Locator (URL) to the geographic information system file; and

  (3) Posted on the website of the Maryland Historical Trust in the form of a Uniform Resource Locator (URL) to the geographic information system file, a copy of which shall be sent electronically to the office of the county clerk of the county or counties in which the certified heritage area is located.

#### Regulation .05 Revisions to Management Plans and Certified Heritage Area Boundaries.

*COMAR 14.29.02.05*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Administrative revision” means a revision of or change to an approved management plan for a certified heritage area that relates to the administration of the heritage area by the heritage area management entity and does not revise or change the management plan’s themes, areas of focus, goals and objectives, or other programmatic components.

    (b) “Programmatic revision” means a revision of or change to an approved management plan for a certified heritage area that revises or changes the management plan’s themes, areas of focus, goals and objectives, or other programmatic components.

B. Administrative Revisions to Approved Management Plans.

  (1) A heritage area management entity for a certified heritage area may propose an administrative revision to the approved management plan for the heritage area by:

    (a) Submitting the proposal to the Authority in writing; and

    (b) Providing a copy of the proposal to each local jurisdiction located within the heritage area.

  (2) Within 90 days of receiving a proposal made under this section, the Authority shall:

    (a) Complete its review of the proposal;

    (b) Determine whether the proposal would adequately carry out the purposes of the Act;

    (c) Approve, approve with modification, or disapprove the proposal; and

    (d) Send written notice to the heritage area management entity of the action taken by the Authority on the proposal.

C. Programmatic Revisions to Approved Management Plans; Certain Expansions of Certified Heritage Area Boundaries.

  (1) A heritage area management entity for a certified heritage area may submit a proposal to:

    (a) Make a programmatic revision to the approved management plan for a certified heritage area; or

    (b) Amend or revise the boundaries of a certified heritage area to include property not contemplated in the approved management plan for inclusion in the certified heritage area.

  (2) For a proposal submitted under §C(1) of this regulation, the proposal shall:

    (a) Be approved by the heritage area management entity;

    (b) Be approved by resolution, ordinance, or other appropriate authorization issued by the governing body of:

      (i) For a revision to a management plan under §C(1)(a) of this regulation, each local jurisdiction with land area located within the certified heritage area; or

      (ii) For an amendment or revision to a heritage area boundary under §C(1)(b) of this regulation, each local jurisdiction with land area located within the property proposed to be added to the certified heritage area;

    (c) For a proposed boundary amendment, include a geographic information system file of the revised boundary; and

    (d) Be jointly submitted in writing to the Authority by the heritage are management entity and each local jurisdiction from which approval is required under §C(2)(b) of this regulation.

  (3) Within 90 days of receiving a proposal under this section, the Authority shall:

    (a) Hold at least one public hearing in the certified heritage area concerning the proposal;

    (b) Determine whether the proposal would adequately carry out the purposes of the Act;

    (c) Approve, approve with modification, or disapprove the proposal; and

    (d) Send written notice to the heritage area management entity and each local jurisdiction with land area located within the certified heritage area of the action taken by the Authority on the proposal.

D. Other Boundary Amendments.

  (1) A proposal to amend or revise the boundary of a certified heritage area to either remove property from the heritage area or to add or include within the heritage area property that the approved management plan contemplates for inclusion shall be:

    (a) Approved by the heritage area management entity;

    (b) Approved by resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdictions with land area located within the property proposed to be added to or removed from the certified heritage area; and

    (c) Jointly submitted in writing to the Authority by the heritage area management entity and each such local jurisdiction, which submission shall include a geographic information system file of the revised boundary.

  (2) Within 90 days of receiving a proposal made under this section, the Authority shall:

    (a) Determine whether the proposal would adequately carry out the purposes of the Act;

    (b) Approve, approve with modifications, or disapprove the proposal; and

    (c) Send written notice to the heritage area management entity and each local jurisdiction with land area located within the property proposed to be added to or removed from the certified heritage area of the action taken by the Authority on the proposal.

E. Effective Date of Revisions.

  (1) A revision to an approved management plan approved by the Authority under either §B or C of this regulation is effective upon approval of the revision by the Authority.

  (2) A boundary amendment or revision approved by the Authority under either §C or D this regulation is effective upon publication by the Authority in the Maryland Register of the Uniform Resource Locator (URL) to a geographic information system file for the revised boundary.

  (3) A boundary amendment or revision approved by the Authority under this regulation shall be posted on the website of the Maryland Historical Trust in the form of a Uniform Resource Locator (URL) to the geographic information system file, a copy of which shall be sent electronically to the office of the county clerk of the county or counties in which the certified heritage area is located.

#### Regulation .06 Changes to Certified Heritage Area Designations.

*COMAR 14.29.02.06*

A. The Authority may take action specified in §C of this regulation if the Authority finds that a local jurisdiction with land area located within a certified heritage area has:

  (1) Either acted or failed to act in a manner that has had a substantial adverse impact upon a significant natural, recreational, cultural, or historic resource located within the heritage area; or

  (2) Failed to effectively implement its role under the management plan.

B. Before taking action under §C of this regulation, the Authority shall:

  (1) Provide written notice to the local jurisdiction that:

    (a) Includes the Authority’s findings under §A of this regulation;

    (b) Informs the local jurisdiction of the actions the Authority might take under §C of this regulation;

    (c) Includes corrective instructions, recommendations, or suggestions as appropriate; and

    (d) Is sent by copy to the heritage area management entity and each other local jurisdiction with land area located within the certified heritage area;

  (2) Provide the local jurisdiction 60 days to respond in writing to the Authority’s notice; and

  (3) Either uphold, modify, or rescind the findings.

C. Upon a finding against a local jurisdiction under §A of this regulation that the Authority either upholds or modifies under §B of this regulation, the Authority may:

  (1) Remove from the certified heritage area the land area of the local jurisdiction that is the subject of the finding; or

  (2) After holding a public hearing in the certified heritage area, withdraw the Authority’s approval of the management plan for the certified heritage area.

D. If, under §C(1) of this regulation, the Authority removes a local jurisdiction from a certified heritage area, the Authority shall:

  (1) Provide written notice of the removal to the heritage area management entity and each local jurisdiction with land area located within the heritage area; and

  (2) Direct the remaining local jurisdictions in the certified heritage area to amend the management plan in accordance with Regulation .05D of this chapter to reflect the revised boundaries of the certified heritage area resulting from the removal.

E. If, under §C(2) of this regulation, the Authority withdraws approval of a management plan for a certified heritage area:

  (1) The heritage area will no longer be designated as a certified heritage area;

  (2) The heritage area will return to being designated as a recognized heritage area; and

  (3) The Authority shall:

    (a) Report the withdrawal of its approval of the management plan to the Governor and the General Assembly and include in the report a statement of the reasons for withdrawal; and

    (b) Provide written notice of the withdrawal of approval to the heritage area management entity and each local jurisdiction with land area located within the heritage area.

#### Regulation .07 Removal of a Heritage Area Management Entity.

*COMAR 14.29.02.07*

A. The Authority may remove an entity from its role as the heritage area management entity for a certified heritage area if the Authority finds that the entity has:

  (1) Either acted or failed to act in a manner that has had a substantial adverse impact upon a significant natural, recreational, cultural, or historic resource located within the heritage area;

  (2) Failed to effectively implement the management plan for the heritage area; or

  (3) In any way misused, mismanaged, or misappropriated funds received from the Authority.

B. Before taking action under §A of this regulation, the Authority shall:

  (1) Provided written notice to the heritage area management entity and to each local jurisdiction with land area located within the certified heritage area that:

    (a) Includes the Authority’s findings under §A of this regulation;

    (b) Informs of the actions the Authority might take under §A of this regulation; and

    (c) Includes corrective instructions, recommendations, or suggestions as appropriate;

  (2) Provide the heritage area management entity 60 days to respond in writing to the Authority’s notice; and

  (3) Either uphold, modify, or rescind the findings.

C. If, under §A of this regulation, the Authority removes an entity from its role as the heritage area management entity for a certified heritage area, the Authority shall:

  (1) Provide written notice to the entity and each local jurisdiction with land area located within the certified heritage area of the removal; and

  (2) Discontinue for all purposes under this subtitle the Authority’s recognition of the entity as the heritage area management entity for the certified heritage area.

D. Within 90 days of receiving notice of a removal under §C(1) of this regulation or of a disapproval under §E(2) of this regulation, the local jurisdictions with land area located within the certified heritage area shall:

  (1) Agree upon a new entity to serve as the heritage area management entity; and

  (2) Send to the Authority:

    (a) The identity of the new entity and its organizational structure;

    (b) Information sufficient for the Authority to assess the capability and capacity of the new entity to serve as the heritage area management entity, including its relations with agencies of State and local government; and

    (c) A resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction establishing the local jurisdiction’s support for the new entity to serve as the heritage area management entity.

E. Within 90 days of receiving the information required under §D(2) of this regulation, the Authority shall:

  (1) Either approve or disapprove of the new entity as the heritage area management entity; and

  (2) Provide written notice to the local jurisdictions of the Authority’s approval or disapproval.

F. The Authority may withdraw its approval of a management plan for a certified heritage area as provided for in Regulation .06 of this chapter if:

  (1) Upon removal by the Authority of a heritage area management entity, the local jurisdictions with land area located within a certified heritage area fail to comply with §D of this regulation; or

  (2) The Authority disapproves of a new entity under §E of this regulation.

#### Regulation .08 Program Administration.

*COMAR 14.29.02.08*

A. The Authority may adopt written policies or guidelines related to or governing the criteria for and administration of the procedures for designating certified heritage areas and shall post any such adopted policies or guidelines on the website hosted by the Maryland Historical Trust.

B. A determination of the Authority made under Regulations .04, .05, .06, or .07 of this chapter is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

#### Regulation .09 Waiver.

*COMAR 14.29.02.09*

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.

#### Regulation .10 False Statements.

*COMAR 14.29.02.10*

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 certified heritage area is subject to any penalties authorized by law.