<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 27.03.01.03" title_num="27" subtitle_num="03" chapter_num="01" heading="Notice Requirements for State Agency and Local Agency Development.">
  <paragraph num="A.">
    <text>The requirements of this regulation do not apply to development that a State agency or local agency proposes in the Critical Area if:</text>
    <paragraph num="(1)">
      <text>As provided under COMAR 27.02.02, the development is:</text>
      <paragraph num="(a)">
        <text>A State agency action that results in minor development on private lands or lands owned by a local jurisdiction; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A local agency action that results in minor development on private lands or lands owned by a local jurisdiction;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The development is included in a general approval, as provided under COMAR 27.02.03; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>All of the following apply:</text>
      <paragraph num="(a)">
        <text>The development is proposed on State lands;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The State agency is otherwise required by operation of law to provide public notice and public comment for that type of development; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Posting is accomplished in accordance with §D of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Public Notice.</text>
    <paragraph num="(1)">
      <text>Except as provided under §A of this regulation, a State agency or local agency that proposes development in the Critical Area shall, as part of its formal project submittal to the Commission, provide evidence that:</text>
      <paragraph num="(a)">
        <text>Public notice was published:</text>
        <paragraph num="(i)">
          <text>At least 30 days prior to the date of the project committee meeting at which the project will be presented for a vote; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For one business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Publication included:</text>
        <paragraph num="(i)">
          <text>The identity of the sponsoring State agency or local agency;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A description of the proposed development;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The street address of the affected land and a statement that its location is in the Critical Area; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>At least 30 days were provided for public comment in the local jurisdiction in which the proposed development would occur; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The affected land was posted in accordance with §D of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>In addition to the public notice required under §B(1)(a) and (b) of this regulation, a State agency or local agency may provide for public notice:</text>
      <paragraph num="(a)">
        <text>By electronic posting on its website or the website of a newspaper of general circulation in the local jurisdiction in which the proposed development would occur; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To a neighborhood association or residents of a particular geographic area.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Evidence of public notice and opportunity for public comment required under §B(1)(a) and (c) of this regulation shall include at least the following documentation:</text>
    <paragraph num="(1)">
      <text>The name of the newspaper and the date on which the notice was published;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A copy of the public notice as it was published in the newspaper; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A copy of each written comment received in response to the public notice.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The sponsoring State agency or local agency shall ensure that the posting required under §B(1)(d) of this regulation meets the following requirements:</text>
    <paragraph num="(1)">
      <text>The sign is at least 30 inches by 40 inches in size;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The sign clearly:</text>
      <paragraph num="(a)">
        <text>Identifies the sponsoring State agency or local agency;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Describes the proposed development;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provides the street address of the affected land and states that it is located in the Critical Area; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>States the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>On a date not later than the date on which the notice is published in the newspaper, the sign is posted in a conspicuous location on the affected land and remains there until after the Commission has voted on the development; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>For development that extends more than 1,000 linear feet in road frontage, at least one sign is posted at each end of the affected land on which the development is proposed.</text>
    </paragraph>
  </paragraph>
</regulation>