Plain Text Law

Title 34 — Subtitle 01. General

Chapter 01. Petitions for Adoption of Regulations; Petitions for Declaratory Rulings

Regulation .01 Petitions for Adoption of Regulations.Copy Citation

A.
Who May File. Any interested person may file a petition with the Secretary of Planning for the promulgation, amendment, or repeal of any Office regulation.
B.
Form. The petition shall be in writing and shall contain a brief statement of the regulation or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed. The petition shall also include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.
C.
Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. Within 60 days after the petition is submitted, the Secretary shall consider the petition and either deny it or initiate appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. If the Secretary denies the petition in whole or in part, the Secretary shall notify the petitioner in writing, stating reasons. If the Secretary determines to take action in accordance with the petition, the Secretary may modify any language suggested by the petitioner.

Regulation .02 Petitions for Declaratory Rulings.Copy Citation

A.
Who May File. Any interested person may petition the Secretary of Planning for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Office of Planning to any person, property, or state of facts.
B.
Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.
C.
Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of the Secretary's decision, stating reasons.

Chapter 02. Guidelines for Implementation of the Maryland Environmental Policy Act

Regulation .01 Purpose.Copy Citation

This chapter sets forth procedures that the Department of Planning will follow in preparing, reviewing, and circulating environmental assessment forms and environmental effects reports in compliance with the Maryland Environmental Policy Act and Environmental Policy Act Guidelines of the Secretary of Natural Resources.

Regulation .02 Definitions.Copy Citation

A.
In this chapter the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Clearinghouse” means the State Clearinghouse for Intergovernmental Assistance, a unit of the Department of Planning.
(2)
“Department” means the Department of Planning.
(3)
“Proposed State action” means requests for legislative appropriations or other legislative actions that will alter the quality of the air, land, or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.

Regulation .03 General Policy.Copy Citation

If the Department initiates any proposed State action affecting the quality of the environment, or if the Department receives for review or coordination notice of any proposed State action, the Department shall consider:
A.
Adverse or beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented;
B.
Measures that might be taken to minimize potential adverse environmental effects or maximize potential beneficial environmental effects; and
C.
Reasonable alternatives to the proposed action that might have less adverse environmental effects or greater beneficial environmental effects, including the alternative of no action.

Regulation .04 Intergovernmental Review and Coordination.Copy Citation

A.
Clearinghouse Responsibilities. The Environmental Policy Act Guidelines of the Secretary of Natural Resources require that a State agency provide to the Clearinghouse a copy of each environmental assessment form and each environmental effects report that the agency prepares. The Clearinghouse shall maintain these copies and make them available for inspection by the public.
B.
List of Environmental Assessment Forms and Environmental Effects Reports.
(1)
Preparation of List. The Clearinghouse shall prepare a list of the environmental assessment forms and environmental effects reports that it receives.
(2)
Contents of List. This list shall include, for each form or report submitted, the following information:
(a)
Name of the submitting agency;
(b)
Short description of the proposed State action;
(c)
Geographic area affected; and
(d)
Funding provisions.
(3)
Publication of List. The list will be included in the weekly Intergovernmental Monitor, which the Clearinghouse publishes and distributes to federal, State, and local elected officials and to the general public. The Intergovernmental Monitor is a searchable online publication that is available at http://planning.maryland.gov/emircpublic.
(4)
Copies of List Available. Representative of the news media, private citizens, and citizen groups may also obtain copies of the list from the Clearinghouse on request.
(5)
Clearinghouse Address. Copies of the list and information on the availability of environmental assessment forms and environmental effects reports may be obtained at the following address:
C.
Processing of Environmental Effects Reports. The Clearinghouse will process environmental effects reports in the same manner as draft environmental impact statements that are prepared under the National Environmental Policy Act, in accordance with COMAR 34.02.01.

Regulation .05 Vacant.Copy Citation

Regulation .06 Submission of Federal Environmental Impact Statements.Copy Citation

A.
When Acceptable. The Department will accept an environmental impact statement that has been prepared under the National Environmental Policy Act as an environmental effects report under the Maryland Environmental Policy Act if the statement contains all information required by the Environmental Policy Act Guidelines of the Secretary of Natural Resources.
B.
Federal Negative Declaration Statement. If an agency that is required to submit an environmental assessment form to the Department has completed a federal negative declaration statement, the agency should submit the federal statement to the Department with its environmental assessment form..

Chapter 03. State Depository of Plans

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Area plan” means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning future physical development for a planning area smaller than the jurisdiction as a whole.
(2)
“Department” means the Department of Planning.
(3)
“Depository” means the State Depository of Plans established by the Department in accordance with State Finance and Procurement Article, §5-501, Annotated Code of Maryland.
(4)
Functional Plan.
(a)
“Functional plan” means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning one specific aspect of future physical development, generally on a jurisdiction-wide basis.
(b)
“Functional plan” may address governmental services, such as sewerage and water, fire and police stations, education, or parks and recreation, or it may address development issues, such as historic and agricultural preservation, housing, economic development, community renewal, transportation, or water quality.
(c)
“Functional plan” has a physical dimension. It does not consist solely of service provision programs.
(5)
General Plan.
(a)
“General plan” means the approved, officially adopted statement of a legislative body, chief executive, or regional council that sets forth major policies concerning future physical development for the entire geographic area of the jurisdiction.
(b)
“General plan” includes the following primary elements:
(i)
Land use element;
(ii)
Transportation element; and
(iii)
Community facilities element.
(c)
“General plan” is based on demographic, economic, and physical surveys and projections that are integral to, but may not be included in, the plan document itself.
(d)
The term “general plan” does not include legal and programmatic documents, such as subdivision regulations, zoning ordinances, and capital improvement programs. However, these documents are based on the general plan, are guided by it, and are the basic tools to implement it. Thus, these documents are integral parts of the jurisdiction's physical development process.

Regulation .02 Purpose of Depository.Copy Citation

The Depository is a resource center, not only for the Department, but for all State, interstate, regional, and local government agencies, as well as for citizens, interest groups, government consultants, and others. Plans and supporting documentation are available at the Depository for reference and study. The Depository offers a unique opportunity to review at one location collected government planning documents for the State or any portion of the State.

Regulation .03 Location of and Access to Depository.Copy Citation

The Depository is located in the central office of the Department. The contents of the Depository are available, during regular office hours, for examination and use by individuals and representatives of government agencies and private organizations. Information concerning the Depository may be obtained from the Librarian, Department of Planning, Room 1101, 301 West Preston Street, Baltimore, Maryland 21201.

Regulation .04 Submission of Material to Depository.Copy Citation

A.
General, Area, and Functional Plans. The agency charged with responsibility for issuing any general, area, or functional plan shall submit a copy of the plan, and a copy of any amendment or revision to the plan, to the Depository.
B.
Implementing Regulations, Ordinances, and Programs. The agency responsible for issuing any regulations, ordinance, or program to implement a general, area, or functional plan shall submit a copy of the regulations, ordinance, or program, and a copy of any amendment or revision, to the Depository.
C.
Time for Submission. An agency shall submit material described in §A or B of this regulation as the material is adopted.
D.
Number of Copies. Unless the Department asks for two copies, the submitting agency shall submit one copy. If the Department asks for two copies, the submitting agency shall submit two copies. The submitting agency need not submit more than two copies of any material.
E.
Address for Submission. An agency shall submit material described in §§A and B of this regulation to the following address: State Depository of Plans, Department of Planning, 301 West Preston Street, Baltimore, Maryland 21201.
F.
Publications Contact Person. Each agency that is required to submit material to the Depository shall designate a publications contact person and provide the name, address, and telephone number of that person to the Depository. In the case of a State agency, this person may, but need not, be the same person designated as the agency publications contact person under Education Article, §23-303(a), Annotated Code of Maryland.

Regulation .05 Responsibilities of Depository.Copy Citation

A.
Notice to Submitting Agencies. The Depository shall send a notice at least annually to submitting agencies, informing them of the requirements stated in Regulation .04.
B.
List of Materials Received.
(1)
At least monthly, the Depository shall issue a list of all materials that it has received.
(2)
Single copies of the list will be distributed on request, free of charge.
(3)
The Depository may establish a subscription service for the list. The Department may charge subscribers a reasonable fee to cover the costs of postage and handling.
C.
Retention Policy. The Depository shall retain all materials received under this chapter for at least 5 years, unless the materials are clearly superseded by later editions.
D.
Time of Availability. The Depository shall make materials received under this chapter available within 30 days after receipt.