# COMAR Title 14 — Independent Agencies

## Subtitle 29 — Maryland Heritage Areas Authority

### Chapter 05 — Procedures for Reviewing Complaints

**Authority:** Financial Institutions Article, §§13-1107(6), 13-1108(4)(i), and 13-1124, Annotated Code of Maryland

**Administrative History:** Effective date: December 11, 2003 (30:24 Md. R. 1745)

**Administrative History:** Regulations .01—.13 repealed and new Regulations .01—.04 adopted effective November 4, 2019 (46:22 Md. R. 978)

#### Regulation .01 General.

*COMAR 14.29.05.01*

This chapter establishes procedures for submission to the Maryland Heritage Areas Authority, and review by the Authority, of complaints made by local governments or heritage area management entities related to activities undertaken by agencies of State Government that might have an adverse effect on a heritage area resource.

#### Regulation .02 Definitions.

*COMAR 14.29.05.02*

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) “Administrator” means the Administrator of the Authority.

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

  (4) “Certified heritage area” means a recognized heritage area that has been designated a certified heritage area in accordance with the Act and COMAR 14.29.02.

  (5) “Heritage area management entity” means a nonprofit organization or agency of either State or local government that may be responsible for coordinating development of a management plan for a heritage area or is responsible for implementing the management plan for a heritage area.

  (6) “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.

#### Regulation .03 Submission of Complaints.

*COMAR 14.29.05.03*

A. A local jurisdiction or a heritage area management entity may submit to the Authority a complaint concerning activities undertaken by an agency or unit of State Government if the undertaking has an adverse effect, or has the potential to have an adverse effect, upon a natural, recreational, cultural, or historic resource located within a certified heritage area that is located within the local jurisdiction or for which heritage area management entity is responsible.

B. A complaint shall:

  (1) Be in writing;

  (2) Be submitted to the Administrator;

  (3) Identify the certified heritage area;

  (4) Identify the agency or unit of State Government that is undertaking or has undertaken the activity and the nature of the activity;

  (5) Identify the heritage area resource that is subject to the adverse effect;

  (6) Describe the adverse effect; and

  (7) Identify any law, rule, or regulation that the agency or unit of State Government may be in violation of in undertaking the activity.

#### Regulation .04 Review of Complaints.

*COMAR 14.29.05.04*

A. Upon receiving a complaint under Regulation .03 of this chapter, the Administrator shall:

  (1) Review the complaint;

  (2) Conduct an investigation into the allegations contained in the complaint to the extent and in a manner determined appropriate, necessary, and warranted by the Administrator;

  (3) As may be appropriate and relevant, consider:

    (a) The relative value and significance to the certified heritage area of the resource that the complaint alleges is or will be adversely affected; and

    (b) Any impacts that the activity has had or may have upon properties listed, or eligible for listing, in the Maryland Register of Historic Properties; and

  (4) Refer to the Authority for its review and consideration the complaint and the results of the Administrator’s investigation.

B. If, after review and consideration under §A of this regulation, the Authority finds that the activity complained of is having, or may have, an adverse effect upon a natural, recreational, cultural, or historic resource located within a certified heritage area, the Administrator shall:

  (1) Inform the agency or unit of State Government of the findings; and

  (2) To the extent justified, practicable, and warranted by the circumstances, consult and work cooperatively with the unit or agency and the complainant, as may be appropriate, to identify alternatives for the activity or methods to mitigate the adverse effect.

C. Review of a complaint under this regulation does not constitute a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.