# COMAR Title 34 — Department of Planning

## Subtitle 01 — General

### Chapter 02 — Guidelines for Implementation of the Maryland Environmental Policy Act

**Authority:** Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources

**Administrative History:** Effective date: July 3, 1974

**Administrative History:** Chapter recodified from COMAR 16.00.01 to COMAR 16.01.01

**Administrative History:** Chapter revised effective November 30, 1987 (14:24 Md. R. 2556)

**Administrative History:** Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989

**Administrative History:** Chapter recodified from COMAR 14.24.01 to COMAR 34.01.02 effective March 10, 2009

**Administrative History:** Regulation .04A, B amended effective April 24, 2017 (44:8 Md. R. 407)

#### Regulation .01 Purpose.

*COMAR 34.01.02.01*

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.

*COMAR 34.01.02.02*

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.

*COMAR 34.01.02.03*

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.

*COMAR 34.01.02.04*

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.

*COMAR 34.01.02.05*

#### Regulation .06 Submission of Federal Environmental Impact Statements.

*COMAR 34.01.02.06*

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..