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<regulation prefix="Regulation" num=".05" citation="COMAR 34.04.03.05" title_num="34" subtitle_num="04" chapter_num="03" heading="Consideration of Permit Applications.">
  <paragraph num="A.">
    <text>Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit:</text>
    <paragraph num="(1)">
      <text>The degree of archeological, anthropological, historical, or scientific importance of the proposed property;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The date the application was received by the Trust in order to give priority to the first applicant requesting a permit for a particular activity location;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The degree and scope of planning undertaken by the applicant, including readiness and financial feasibility and commitment to undertake and complete the proposed activity;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The level of the applicant's training and experience in the field of maritime archeology or submerged sites archeology;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The extent to which the applicant's responses in the application are complete and factual;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The extent to which the applicant possesses, or will possess at the commencement of the proposed activity, the necessary equipment and funding to undertake the activity;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The extent to which the proposed activity is consistent with the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, §5A-318(c)(4), Annotated Code of Maryland, and any other applicable federal, State, or local agency management plans; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The degree of public benefit to be derived from issuance of the permit in relation to the degree of harm to the State's submerged archeological historic property to be expected from issuance of the permit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Required Determination. The Trust may not issue any permit under these regulations unless the Trust:</text>
    <paragraph num="(1)">
      <text>Has made and the Secretary has approved a written determination that issuance of the permit is in the best interest of the State, taking into account the criteria under §B of this regulation and any other factor that may be relevant; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Has made a written determination that the applicant has submitted a complete application, including a research plan, in form and content satisfactory to the Trust, which satisfies all of the requirements of Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Permit Boundaries. Accompanied by the applicant, a representative of the Trust may visit the proposed activity location to determine the permit area boundaries and to confirm the information required by Regulation .04D(1)(a)—(c) of this chapter.</text>
  </paragraph>
</regulation>