# COMAR Title 34 — Department of Planning

## Subtitle 02 — State Clearinghouse

### Chapter 01 — State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs

**Authority:** 31 U.S.C. §6506 and 42 U.S.C. §3334; Presidential Executive Orders 12372 and 12416;Local Government Article, §1-804; State Finance and Procurement Article, §§2-203, 5-401, 5-402, and 5-610;Annotated Code of Maryland;Executive Order 01.01.1983.17

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 Procedures for Reporting Federal Assistance Applications and Awards adopted effective December 30, 1977 (4:27 Md. R. 2108)

**Administrative History:** (Chapter recodified from COMAR 16.01.01 to 16.02.01)

**Administrative History:** Chapter revised effective January 27, 1986 (13:2 Md. R. 139)

**Administrative History:** Chapter repealed effective December 14, 1987 (14:25 Md. R. 2663)

**Administrative History:** Regulations .01—.09 Procedures for the Maryland Intergovernmental Review and Coordination Process adopted effective September 26, 1983 (10:19 Md. R. 1692)

**Administrative History:** Regulation .03B and Appendix A amended effective December 5, 1983 (10:24 Md. R. 2190)

**Administrative History:** Chapter recodified from COMAR 16.02.03 Procedures for the Maryland Intergovernmental Review and Coordination Process to COMAR 16.02.01 Procedures for Intergovernmental Review of Federal and State Programs, and revised effective November 30, 1987 (14:24 Md. R. 2557)

**Administrative History:** Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989

**Administrative History:** Chapter recodified from COMAR 14.24.04 to COMAR 34.02.01 in 2009

**Administrative History:** Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 407)

**Administrative History:** Regulation .02A amended effective April 24, 2017 (44:8 Md. R. 407)

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

**Administrative History:** Regulation .05C amended effective April 24, 2017 (44:8 Md. R. 407)

**Administrative History:** Regulation .11 repealed effective April 24, 2017 (44:8 Md. R. 407)

**Administrative History:** Regulation .12 repealed effective April 24, 2017 (44:8 Md. R. 407)

#### Regulation .01 Purpose.

*COMAR 34.02.01.01*

This chapter describes the Maryland Intergovernmental Review and Coordination Process, the State process for collecting and transmitting the views of State, regional, and local officials in Maryland on specific applications for federal and State financial assistance, for direct federal development, and for certain planning and other activities requiring intergovernmental coordination. These procedural regulations are intended to secure the benefits of intergovernmental cooperation by providing a sure and simple means for learning about and commenting on specific federal and State applications. They are not intended and may not be construed to abridge the statutory authority of approving authorities, or to create any right or benefit enforceable at law, in equity, or otherwise by any party against the Department, other State or local agencies, or their officials.

#### Regulation .02 Programs and Activities Covered by this Chapter.

*COMAR 34.02.01.02*

A. The Department, in consultation with State, regional, and local officials, shall issue and from time to time revise lists of federal and State financial assistance programs that are covered by the notification and intergovernmental review requirements of this chapter as a result of federal or State statutes or regulations. The Department shall maintain current lists on its website of the covered federal and State financial assistance programs.

B. Except as stated in §E of this regulation, each application by a State agency for federal financial assistance is covered by the notification requirements of Regulations .04 and .08, even if the application is made under a program that is not listed in Regulation .11 of this chapter.

C. All federal plans and direct federal development activities are covered by the notification and intergovernmental review requirements of this chapter. This includes proposed activities that require federal and State review under the following laws:

  (1) The Coastal Zone Management Act;

  (2) The National Historic Preservation Act; and

  (3) The National Environmental Policy Act.

D. The following applications or activities that require State or local government review are covered by the notification and intergovernmental review requirements of this chapter:

  (1) Municipal annexation public notice and outline for extension of services and public facilities is covered by Regulations .05 and .06;

  (2) Power plant transmission line applications submitted to the Public Service Commission;

  (3) Requests to the Board of Public Works for authority to grant easements or rights-of-way over State real property, to make substantial changes in the use of State real property, or to transfer or dispose of excess or surplus State real property; and

  (4) Environmental assessment forms and environmental effects reports prepared in accordance with the Maryland Environmental Policy Act.

E. An application by a State agency for a federal instructional contract, instructional grant, research contract, or research grant is covered by Regulations .04C(3) and .08B of this chapter, but is otherwise not covered by this chapter.

#### Regulation .03 Definitions.

*COMAR 34.02.01.03*

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

B. Terms Defined.

  (1) “Applicant” means an individual or a governmental or nongovernmental entity that seeks financial assistance or approval under a program or for an activity covered by this chapter.

  (2) “Application” means a request for approval, or a request for new, renewed, continued, or amended financial assistance, under a program or for an activity covered by this chapter.

  (3) “Approving authority” means a governmental entity with statutory or other authority to approve or disapprove proposed action.

  (4) “Baltimore Region” means the combined geographic areas of the City of Baltimore and the Counties of Anne Arundel, Baltimore, Carroll, Harford, and Howard, including all incorporated municipalities located there.

  (5) “Clearinghouse” means the State Clearinghouse for Intergovernmental Assistance, a unit of the Department.

  (6) “Department” means the Department of Planning:

  (7) “Direct federal development” means:

    (a) The exercise by a federal agency of statutory or other authority to undertake or authorize others to undertake the construction, reconstruction, conversion, erection, alteration, relocation, or enlargement of, or to change or authorize others to change the use of, any building, structure, or facility;

    (b) Mining, excavation, or landfill by or under the authority of a federal agency;

    (c) Land acquisition, disposition, or disturbance in preparation for any of the above; and

    (d) Plans or environmental assessments for any of these activities.

  (8) “Financial assistance” means the exercise by a federal or State agency of statutory or other authority to award funds, loans, or insurance, or to provide technical assistance, based on an application or cooperative agreement.

  (9) “Intergovernmental” means between or among different levels of government, between or among different national or State jurisdictions, or between or among different agencies within the same level of government or within the same jurisdiction.

  (10) “State application identifier” means the number assigned by the Clearinghouse to an application.

#### Regulation .04 Notification.

*COMAR 34.02.01.04*

A. General Requirements.

  (1) Application for Financial Assistance.

    (a) If an applicant submits, substantially modifies, or amends an application for federal or State financial assistance, the applicant shall provide notice and information to the Clearinghouse at the earliest feasible time.

    (b) A prospective applicant may file a notice of intent to submit an application as a means of providing an early alert to potentially affected parties.

    (c) If earlier notification is not provided in accordance with §A(1)(b) of this regulation, the applicant shall notify the Clearinghouse immediately before submission of the application.

  (2) A federal agency proposing to adopt a plan or to engage in direct federal development shall provide notice and information to the Clearinghouse as early in the planning process as is reasonably feasible.

  (3) If a federal agency receives an application for federal financial assistance and the applicant has not notified the Clearinghouse, the federal agency shall notify the Clearinghouse, as the State single point of contact, to determine the views of State, regional, and local officials.

B. Contents of Notification; Submission.

  (1) Contents. The notifying party shall provide the Clearinghouse with at least the following information, as applicable:

    (a) Grant application summary or cover form, such as Federal Standard Application Form 424 (SF-424);

    (b) Type, purpose, scope, explanation, and justification of proposal;

    (c) Area to be served;

    (d) Budget and funding sources;

    (e) Staffing;

    (f) Location (vicinity map); and

    (g) Federal program number and title.

  (2) Submission. Notification information required by this section shall be sent by the notifying party as a .pdf document attached to an email sent to mdp.clearinghouse@maryland.gov.

C. State Application Identifier.

  (1) Whenever the Clearinghouse receives notice of an application under this regulation, the Clearinghouse shall assign a State application identifier to the application.

  (2) If a State agency requests that the Clearinghouse do so and if the Clearinghouse finds that it is in the State's best interest, the Clearinghouse may provide the requesting agency with a sufficient number of State application identifiers so that the agency may assign a State application identifier to each application.

  (3) A State agency that expects to apply for one or more federal instructional contracts, instructional grants, research contracts, or research grants shall submit a request to the Clearinghouse, and the Clearinghouse shall provide the requesting agency with a sufficient number of State application identifiers, so that the agency may assign a State application identifier to each application.

  (4) Before an applicant submits an application for federal assistance to the federal approving authority, the applicant shall place the State application identifier on the application.

D. Acknowledgement of Notification. Within 5 days after the Clearinghouse receives notification under this regulation, it shall send the notifying party an acknowledgement letter. The acknowledgement letter shall include the State application identifier, the name of a Clearinghouse contact person, and the anticipated date for conclusion of any required intergovernmental review.

#### Regulation .05 Distribution and Referral.

*COMAR 34.02.01.05*

A. General. The Clearinghouse, as the State single point of contact, will provide opportunities for consultation among affected State, regional, and local officials in connection with those federal and State financial assistance applications, those direct federal development activities, and those other applications and activities that are covered by the intergovernmental review requirements of this chapter.

B. Discretionary Informational Referrals. In addition to referrals under §A of this regulation, the Clearinghouse may distribute notice of other applications for information purposes only.

C. Specific Requirements.

  (1) The Clearinghouse shall forward notification information, together with a review request letter, to each State agency or local jurisdiction that the Clearinghouse determines will or may be affected by an application. The review request letter shall indicate the date by which the Clearinghouse must receive comments.

  (2) The Clearinghouse shall supply the Baltimore Metropolitan Council with notification information on applications that the Clearinghouse determines will or may affect the Baltimore Region or any local jurisdiction within that region. For those applications, the Baltimore Metropolitan Council shall notify and consult with affected local jurisdictions in the Baltimore Region.

  (3) Except as provided in §C(2) of this regulation, the Clearinghouse will not routinely provide regional planning or special-purpose coordinating agencies with notification information. However, the Clearinghouse will provide summary notice of applications to these entities, and it will distribute notification information to them on request.

  (4) If notification information indicates that an application has already been approved or acknowledged by a general-purpose local government or by a State agency, the Clearinghouse will not normally refer the notification information again to that entity for review. Rather, the Clearinghouse will assume that the notifying party has coordinated with that entity and received its comments and concurrence during the formulation of the application. However, the Clearinghouse will provide summary notice of the application to the general-purpose local government or State agency.

  (5) The Clearinghouse will not normally distribute detailed information concerning an application with widely dispersed effects to each affected local jurisdiction, if the notifying party gives assurances that it has adequately consulted with affected local jurisdictions during the development of the application. However, the Clearinghouse will provide summary notice of the application to affected local jurisdictions.

  (6) The Clearinghouse shall make notification information submitted to the Clearinghouse available for public review by maintaining the information in a searchable format on the Department’s website.

D. Review Period.

  (1) The Clearinghouse shall complete intergovernmental review within 60 days after it receives notification of an application. If the application is for the continuation of federal financial assistance and there is no competing applicant, the Clearinghouse will normally complete the review within 30 days.

  (2) Notwithstanding §D(1) of this regulation, the Clearinghouse will provide in its review request letter for an initial 30-day review period. If the review relates to an application with regional or interstate effects, the initial review period will be 40 days. Except when the review relates to an application for the continuation of federal financial assistance and there is no competing application, on the request of any affected party and for a valid reason, the Clearinghouse may extend the review period to 60 days.

E. Review Coordinators.

  (1) The Clearinghouse will request appropriate officials (whenever possible, elected officials) of each State agency and each general-purpose local government to designate a review coordinator.

  (2) For purposes of intergovernmental coordination, the review coordinator is the single point of contact for the State agency or local jurisdiction.

  (3) The responsibilities of the review coordinator are to:

    (a) Receive and disseminate notifications and information to appropriate subagencies or to appropriate agencies within the local jurisdiction;

    (b) Serve as a liaison among these entities and the Clearinghouse;

    (c) Ensure that appropriate elected officials are provided with an opportunity to review applications;

    (d) Coordinate reviews;

    (e) Formulate comments and recommendations that reflect the views of elected officials and the adopted plans and policies of the State agency or local jurisdiction;

    (f) Provide an early alert to the Clearinghouse if there is disagreement with or concern regarding an application;

    (g) Resolve or assist the Clearinghouse in resolving disagreements or concerns; and

    (h) Provide notification information to citizens when it is appropriate, and involve them in the review process.

F. Questions Arising During Review. If a review coordinator needs additional information about an application, the coordinator should make direct contact with the notifying party. The review coordinator should provide the Clearinghouse with copies of correspondence between the review coordinator and a notifying party. The Clearinghouse may extend the review period to accommodate the exchange of additional information.

#### Regulation .06 Review and Recommendations.

*COMAR 34.02.01.06*

A. General. At the end of and within the review period, review coordinators shall submit comments and recommendations to the Clearinghouse. The Clearinghouse, acting as the State single point of contact, will organize these comments and recommendations and will communicate the concerns of State, regional, and local officials to the approving authority or the applicant, or both, as indicated in the review request letter. The Clearinghouse will strive to formulate a single recommended course of action based on comments and recommendations received.

B. Specific Requirements.

  (1) A review coordinator need not comment on every proposal of which the review coordinator is notified. However, if the review coordinator wishes to comment, the review coordinator shall respond to the Clearinghouse by the date established in the review request letter and on the response forms provided.

  (2) The Clearinghouse shall transmit all comments that it receives to the approving authority or the applicant, or both, as indicated in the review request letter, for consideration.

  (3) The Clearinghouse shall strive to formulate a consensus recommendation in which all or most parties directly affected by an application can concur.

  (4) The Clearinghouse shall organize comments and recommendations in the form of a summary letter. The Clearinghouse shall provide a copy of this letter to the applicant and to each review coordinator who received notification information from the Clearinghouse.

  (5) An applicant for financial assistance shall attach the Clearinghouse letter to the application, if the Clearinghouse has not sent a copy directly to the approving authority. The applicant may also attach a statement explaining the consideration that the applicant has given to reviewers' comments and recommendations. The applicant shall send a copy of any explanatory statement to the Clearinghouse.

  (6) The Clearinghouse review letter is valid for 3 years. If a notifying party wishes to pursue a project not begun or an application not funded within 3 years, the party shall renotify the Clearinghouse, so that the Clearinghouse may conduct a new review.

  (7) The Clearinghouse shall advise the notifying party as soon as it learns of any disagreement with or concern regarding an application. The Clearinghouse and reviewing entities shall try to resolve informally any disagreements or conflicts identified during the review. Methods of informal dispute resolution may include telephone conferences, correspondence, and in-person conferences. The Clearinghouse may extend the review period to accommodate efforts to resolve disagreements.

C. Purpose and Subject Matter of Comments and Recommendations.

  (1) The purpose of the consultation process is to assure maximum consistency between the proposed action and State, regional, and local plans, policies, and programs. Reviewers should keep this purpose in mind when making their comments and recommendations.

  (2) Comments should address the extent to which the proposed action is consistent with adopted plans or policies and would contribute to the achievement of program objectives and priorities.

  (3) Comments should be made in the context of federal, State, and local statutes, regulations, and other official requirements governing a specific program or activity.

  (4) Comments should address the extent to which the proposed action may affect the social, economic, and physical environment.

  (5) Comments should specify the magnitude of the reviewer's concern.

  (6) Comments may also provide useful information relevant to the further development of the proposal.

D. Questions Raised by the Clearinghouse Review Letter. If a notifying party wants additional information about the Clearinghouse or a reviewer's comments or recommendations, the notifying party may contact the Clearinghouse or the appropriate review coordinator. The notifying party should provide the Clearinghouse with copies of correspondence between the notifying party and any review coordinator.

#### Regulation .07 Approving Authority Response to Review Comments.

*COMAR 34.02.01.07*

A. An approving authority shall respond initially to review comments through the Clearinghouse. The Clearinghouse is available to assist in resolving disagreements, although approving authorities should work directly with concerned reviewers in this regard.

B. If an approving authority indicates that it cannot accommodate review comments, the Clearinghouse shall immediately contact affected parties to determine whether they want to request a reconsideration by the approving authority. If affected parties express interest in requesting reconsideration, the Clearinghouse shall prepare the necessary correspondence.

#### Regulation .08 Notice of Awards of Federal Assistance.

*COMAR 34.02.01.08*

A. Assistance Other Than Instructional Contracts, Instructional Grants, Research Contracts, and Research Grants.

  (1) A State agency or local jurisdiction that receives federal assistance, other than an instructional contract, instructional grant, research contract, or research grant, shall file a summary notification of the award with the Clearinghouse within 30 days after the State agency or local jurisdiction receives notice of the award.

  (2) The summary notification shall include a copy of the Federal Standard Form 424 (SF 424) or other correspondence that the State agency or local jurisdiction receives from the federal agency, indicating the granting of the award.

  (3) The summary notification shall include the following information:

    (a) The name of the applicant;

    (b) The name of the federal agency that is making the award;

    (c) The federal program number and title of the program under which assistance is being provided;

    (d) The anticipated funding for the activity for which assistance is being provided (federal, applicant, or other), with specific identification of matching requirements;

    (e) The approximate dates when the assistance is expected to begin and end; and

    (f) The State application identifier assigned to the application.

B. Instructional Contracts, Instructional Grants, Research Contracts, and Research Grants.

  (1) A State agency or local jurisdiction that receives one or more federal instructional contracts, instructional grants, research contracts, or research grants shall file with the Clearinghouse a summary notification, indicating all awards made during the applicable reporting period.

  (2) Notifications shall cover the 6-month periods from July 1 through December 31 and January 1 through June 30 and shall be submitted within 30 days after the end of the period.

#### Regulation .09 Incorporation of Other Consultation or Consistency Review Requirements.

*COMAR 34.02.01.09*

The Clearinghouse, working with appropriate approving authorities, will seek to incorporate other requirements for consultation or consistency reviews with the process described in this chapter.

#### Regulation .10 Reporting and Evaluation.

*COMAR 34.02.01.10*

A. The Clearinghouse shall prepare and distribute any reports necessary to carry out this chapter.

B. In addition to making day-to-day administrative improvements and refinements to the Maryland Intergovernmental Review and Coordination Process, the Clearinghouse shall conduct a systematic evaluation of the process on a periodic basis, as directed by the Governor.

### Chapter 02 — State Clearinghouse Procedures for the Reporting and Processing of Excess and Substantial Changes in State-Owned Real Property and Requests for the Granting of Rights-of-Way and Easements Across State-Owned Real Property

**Authority:** State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland

**Administrative History:** Effective date: May 12, 1976 (3:10 Md. R. 530)

**Administrative History:** (Chapter recodified from COMAR 16.00.04 to 16.02.02)

**Administrative History:** Chapter recodified from COMAR 16.02.02 to COMAR 14.24.05 in July, 1989

**Administrative History:** Chapter recodified from COMAR 14.24.05 to COMAR 34.02.02

#### Regulation .01 Scope.

*COMAR 34.02.02.01*

These regulations are applicable to all State-owned real property except that the following State-owned property need not be reported as excess property:

A. Residential property acquired by the Department of Economic and Community Development by foreclosure or similar means in the course of operation of a State lending or insuring program administered by that department;

B. Real property under the control or jurisdiction of the Department of Natural Resources to be sold or leased to an electric company under the Power Plant Siting and Research Program; and

C. Real property under the control and jurisdiction of the Department of Transportation, State Highway Administration, which is less than 3 acres in size or which comes under the provisions of Transportation Article, §8-309(b)(2), Annotated Code of Maryland, unless the seller, assignor, or heir has rejected the prior right to purchase the property and the property is 3 acres or larger in size.

#### Regulation .02 Purpose.

*COMAR 34.02.02.02*

Proper management and use of State resources requires a continuing and critical review of the real property held by the State to assure that it is being properly utilized. All State agencies are encouraged to initiate and conduct on a continuing basis a survey of all real property under their control and jurisdiction to identify those properties which are not utilized, are under-utilized, or are not being put to optimum use and are not required to meet future needs. These regulations are intended to provide guidance to State agencies for the reporting of excess and substantial changes in State- owned real property and requests for the granting of rights-of-way or easements and to establish the coordination procedures associated with the reports submitted. This program will reduce the necessity for the expenditure of State funds for the acquisition of real property when State agency needs can be met by utilizing real property currently owned by the State, and insure that maximum benefits to the State are realized by the utilization or disposal of this property for the most appropriate use which is compatible with the plans and programs of State and local agencies. Further, it will reduce the necessity for the expenditure of State funds for the operation, care, and maintenance of property not needed to meet current or projected requirements.

#### Regulation .03 Definitions.

*COMAR 34.02.02.03*

For the purpose of these regulations, the following terms have the meanings indicated:

A. “Excess property” means any real property under the control or jurisdiction of a State agency which the head of that agency determines is not required for the current or projected needs or the discharge of the responsibilities of that agency.

B. “Real property” means any freehold, fee, or leasehold interest in land, including improvements of any kind, structures and fixtures located on the premises, and appurtenances.

C. “State agency” means a department or independent agency of State government.

D. “Substantial change” means any change in use that would:

  (1) Result in a major alteration in the functions or services being provided through or by the facility concerned;

  (2) Require physical alteration to a structure or structures whose estimated cost of alteration is $50,000 or more;

  (3) Require the demolition or removal of a usable structure whose estimated value is $15,000 or more.

E. “Surplus property” means any real property which the Board of Public Works determines is not required for current or projected needs or the discharge of responsibilities of the State or its political subdivisions, and which will be disposed of under certain conditions as the Board may require.

#### Regulation .04 Reporting Excess Property.

*COMAR 34.02.02.04*

A. Once a State agency has determined that real property under its control and jurisdiction is excess property, it shall report that property to the Department of Planning. This report shall include the following information:

  (1) Size, location, and general description;

  (2) Adequate map, plat, plan sheet, or mosaic showing the property, including structures located on it;

  (3) Access to the property;

  (4) Availability of utilities (water, sewer, electricity), if known;

  (5) Date of availability;

  (6) Any known interest in the excess property;

  (7) If structures are involved, a general description of the physical condition of the structures, floor plans, and an indication of the potential use of the structures as office space or other appropriate use;

  (8) Any other special characteristics of the property which might be of interest to potential applicants, e.g., flood plain, wetlands;

  (9) For State Highway Administration property, price and conditions if property is acquired by another State agency or political subdivision;

  (10) Name of the person to be contacted if additional information is required.

B. Upon receipt of this information, the Department of Planning will make a preliminary site survey report on the property.

C. Upon completion of this survey and within 10 days of receipt, the Department of Planning will notify all State agencies whose functions require the use of real property, and appropriate county and municipal executive authorities, of the availability of the excess property, including the site survey report, to determine the interest which each may have in acquiring the property. For excess property located in Montgomery and Prince George's counties, the notification of availability will also be sent to the Maryland-National Capital Park and Planning Commission and the Washington Suburban Sanitary Commission.

D. State and local agencies are encouraged to inspect the property if it appears from the descriptive data provided that any part or all of the property may be suitable to meet current or future agency needs. If additional information is desired, direct communication should be made with the designated contact person.

E. State agencies and county and municipal executive authorities shall submit their indications of interest in acquiring the property, to include negative interest, within 30 days of the date of the Department of Planning's notification of availability. If interested in acquiring the property, the response shall include the following information:

  (1) Contemplated use of the property;

  (2) Whether funds are currently available for acquisition of the property; if not, the period of time required to obtain funds, if applicable;

  (3) The name of the grantee to appear on the deed of conveyance, as applicable.

F. Upon receipt of replies, the Department of Budget and Management, after consultation with the Department of General Services, will make a recommendation to the Board of Public Works as to what disposition should be made of the property. This will include a recommendation as to which agency should have priority of acquisition if there are unresolved competing interests in the property. This recommendation will be made through the agenda of the Department of Transportation when the holding or using agency is the Department of Transportation (including its modal administrations), and through the agenda of the Department of General Services when the holding or using agency is any other State agency. Copies of the recommendation will be provided to the State agency reporting the excess property and all agencies who have indicated an interest in the property.

G. Determination by the Board of Public Works.

  (1) The Board of Public Works shall determine whether the property should be:

    (a) Disposed of to a State agency, county, or municipality, including certain conditions;

    (b) Retained by the State for possible future use, including the State agency to have control and jurisdiction over the property; or

    (c) Declared surplus and disposed of to other than a State agency, county, or municipality in accordance with the conditions it may require.

  (2) This determination shall be forwarded to the Department of Transportation or the Department of General Services, as appropriate, with copies to the Department of Budget and Management and the Department of Planning.

#### Regulation .05 Post-Determination Actions.

*COMAR 34.02.02.05*

A. Disposal of Excess Surplus Property. Property which the Board of Public Works determines should be disposed of shall be disposed of by the Department of Transportation or the Department of General Services in accordance with the conditions imposed by the Board of Public Works. The Department of Budget and Management and the Department of Planning shall be advised when actual disposition or transfer of property has been accomplished.

B. Retention of Excess Property. The Department of Planning will maintain a list of those properties that the Board of Public Works determines should be retained for possible future use by the State. The Department of Planning will publish and distribute this list to State agencies and appropriate county and municipal authorities on a quarterly basis. If at any time a State agency, county, or municipality has an interest in acquiring any property on the list, it should notify the Department of Budget and Management and the Department of Planning according to Regulation .04E of this chapter, and the Department will process the request according to Regulation .04F and G of this chapter.

C. Security, Care, and Maintenance. The State agency having control and jurisdiction over State-owned property, including excess or surplus property, shall be responsible for providing adequate security, care, and maintenance to prevent deterioration from vandalism or climatic extremes until the deed or other evidence of conveyance has been properly executed or control and jurisdiction passed to another agency.

#### Regulation .06 Substantial Change.

*COMAR 34.02.02.06*

A. Any State agency proposing to make a substantial change in use of State-owned property (see Regulation .03D of this chapter) shall forward a notification of the proposed change to the Department of Planning. This notification shall include the following information:

  (1) Current use of the property;

  (2) Summary of the proposed changes to be made in the use of the property, including certain requirements;

  (3) Time-frame for accomplishment of the changes;

  (4) Estimated impact of the changes on the State operating budget and capital budget; and

  (5) Name of person to be contacted if additional information is required.

B. Within 10 days of receipt, the Department of Planning shall forward the notification of proposed change to appropriate State and local governmental agencies, requesting review and comment. Review agencies shall have 30 days from the date of the review request letter to submit their comments on the proposed change.

C. Comments and Recommendations.

  (1) Comments and recommendations, as may be appropriate, should include, but need not be limited to, the extent to which the proposed change:

    (a) Is in consonance with comprehensive and functional planning for the State, area, or locality;

    (b) Is in consonance with the master plan for the facility concerned; and

    (c) Impacts adversely on the property itself, the neighborhood, and the local social, economic, and natural environment.

  (2) If review agencies require additional information in order to complete their reviews, they should communicate directly with the designated contact person.

D. The Department of Planning shall forward the comments and recommendations received as a result of this review to the agency proposing the change. If Board of Public Works approval is required for implementation of the change, a summary of the Department of Planning review letter shall accompany the request to the Board of Public Works.

#### Regulation .07 Rights-of-Way and Easements.

*COMAR 34.02.02.07*

A. A request for the granting of a right-of-way or easement across or through State-owned property which is not for the specific purpose of serving the State-owned site or facility only shall be forwarded to the Department of Planning for review and comment. Information submitted shall include:

  (1) Name of the agency or individual requesting the right-of-way or easement;

  (2) Purpose for which the right-of-way or easement is requested;

  (3) Site plan or map indicating the preliminary alignment of the proposed right-of-way or easement; and

  (4) Recommendation as to whether or not compensation should be required.

B. Within 10 days of receipt, the Department of Planning shall forward the proposal to appropriate State agencies and county and municipal executive authorities, requesting review and comment. Review agencies shall submit their comments and recommendations on the proposal within 30 days of the date of the Department of Planning review request letter. Comments and recommendations may include, but need not be limited to, information about the extent to which the proposal:

  (1) Is in consonance with or contributes to the fulfillment of comprehensive and functional planning for the State, area, or locality;

  (2) Is in consonance with the master plan for the facility concerned;

  (3) Impacts adversely on the operational use of the property itself, the adjoining neighborhood, and the social, economic, or natural environment.

C. Based upon the comments and recommendations received from this review, the Department of Planning shall forward a recommendation to the Department of General Services or the State Highway Administration, as applicable, as to whether or not the request should be rejected or processed for forwarding to the Board of Public Works for final approval. A copy of this recommendation shall be provided to the agency or organization making the request. The recommendation shall indicate whether or not compensation should be obtained for the granting of the right-of-way or easement. The Department of General Services or the State Highway Administration, as applicable, shall be responsible for presenting the right-of-way or easement agreement to the Board of Public Works.

D. The request for Board of Public Works approval shall include a summation of the review comments and the recommendations of the Department of Planning.

#### Regulation .08 Monetary Compensation.

*COMAR 34.02.02.08*

In accordance with State Finance and Procurement Article, Title 10, Subtitle 3, Annotated Code of Maryland, if the consideration received for the disposition of State-owned real property is cash, in whole or in part, the proceeds shall be accounted for and remitted to the State Treasurer, except that any consideration received in cash for the disposition of a capital asset shall be applied solely to the State Annuity Bond Fund Account, and if the capital asset was originally purchased with any special funds, the proceeds shall revert to that fund only.