ary .an eg1ster - planning.maryland.gov

ary .an eg1ster

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 13, 2017, 5 p.m.

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of January 13, 2017.

Brian Morris Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: February 3, 2017

Volume 44 •Issue 3 •Pages 167-224

I I

IN THIS ISSUE Governor General Assembly Judiciary Regulations Special Documents General Notices

Proposed revised regulations to Title 14, Subtitle 29 -

Maryland Heritage Areas Authority include (pp 203-204)

14.29.02.01, .04-.06 Maryland Heritage Areas Grant Program

14.29.03.03 Designation of Certified Heritage Areas

14.29.04.04 Maryland Heritage Areas Loan Program

Proposed revised regulations to Title 34 -

Maryland Department of Planning include (pp 215-219)

General

34.01.02.04 Guidelines for Implementation of the Maryland Environmental Policy Act

State Clearinghouse

34.02.01, .02,.04,.05,.11,.12

State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs

Land Use

34.03.02.01 Guidelines for the Designation of Areas of Critical State Concern

34.03.03.02 Certification of County Agricultural Land Preservation Programs

Historical and Cultural Programs

34.04.01.05 Maryland Historical Trust Historic Preservation Grant Program

34.04.02.05

34.04.04.01

34.04.08.01,.02

Maryland Historical Trust Historic Preservation Loan

Program Historical and Cultural Museum Assistance Program

Use of State Museum Property

PROPOSED ACTION ON REGULATIONS

D. The Hospitals will realize an increase of approximately $900,000 to be spread across all hospitals in the State; the Nursing Homes will realize an increase of approximately $300,000, to be spread across all nursing homes in the State; and the Payers will realize a savings of $300,000, to be spread across all caniers in the State.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities TI1e proposed action has no impact on individuals with disabilities.

Oppol'tunity fol' Public Comment Comments may be sent to Bridget Zombro, Director,

Administration, Maryland Health Cru·e Commission, 4160 Patterson Avenue, Baltimore, MD 21215or call 410-764-3558, or email to [email protected], or fax to 410-358-8811. Comments will be accepted through Mru'Cl1 6, 2017 at 4:30 p.m. A public hearing has not been scheduled.

203

amending a project location requirement; (iii) stating that the Mruyland Heritage Areas Authoiity operates within the Deprutment of Planning; and (iv) removing the allocation criteria to local jurisdiction contiibutions to grant project costs.

Compa1ison to Fedel'al Standal'ds There is no con-esponding federal standard to this proposed action.

Estimate of Economic Impact The proposed action has no economic impact.


businesses.

Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Oppol'tunity fol' Public Comment Conunents may be sent to Courtney Highsmith, Legislative

Officer, Maryland Department of Planning, 310 W. Preston Street, 11th Floor, Baltimore, MD 21201, or call 410-767-4395, or email to [email protected], or fax to 410-767-4480.

Open Meeting Comments will be accepted through March 6, 2017. A public hearing Final action on the proposal will be considered by the Mruyland has not been scheduled.

Health Cru·e Commission during a public meeting to be held on~iil 20, 2017, at 1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, '" .~~Genel'al.

MD 21215. R \ ~ - This chapter prescribes the policies, procedures, and '- authorizafions for administering the Maryland Heritage Areas Grant

.02 Method of Usel' Fee Assessment. ..._' Program and providing grants from the Mary. land Heritage Areas A. - B. (text unchanged) 7 4 uthority Financ~g Fund of the Maryland Heritage Areas Authoiity, C. For July 1, [2013] 2017 - June 30, [2017] 2021, the amount an independent ~1nit of govenunent tha. t operates in the Departnient of

assessed on payers may not exceed [28] 26 percent of the total [Housing and COnihumity Development] Planning. amotmt assessed by the Commission. Th~ amoilnt assessed on ~

hospitals may not exceed [33] 39 percenf ,...of the total amoun .04 Eligible Gl'an ees. assessed. The amotmt assessed on nursing Aomes may not, ex<::eed A. (text uncliadged) [17] 19 percent of the total amotmt assessed. • ... I rn. A local)l~f~ic~ion shall submit an application ~ogether .with

all other locaVJlll1fcltcttons within the recogruzed or certified hentage FRANCES B. PIIlL!5PS, RN., M.H.A. ~·ea> fuilt wiJI be/ efit from the grant.]

\ / Vice-Charr· ... (C.(B,.,(text tmchanged) Mruyland Healt)\Qtfe Commission ' /-/,

~ ....._ .05 Eligibt ·.Activities.

T • I 14 ~(..) _ - A.- E1(g°ibility Generally. The Authoiity may provide grants from It e :::=tif~d to eligible grantees to:

(1) (text tmchanged) INDEPENDENT AGENCIES (2) Assist noncapital projects which:

Subtitle 29 MARYLAND HERITAGE AREAS AUTHORITY

14.29.02 Maryland Program

Heritage Areas Grant

Authority: Financial Institutions Article, § § 13-1107( 6) and (12), 13-11 l (b ), and 13-1113, Annotated Code of Maryland

Notice of Proposed Action [17-090-P]

The Secretary of Planning proposes to runend Regulations .01 and .04-.06 tmder COMAR 14.29.02 Maryland He1itage Areas Gr ant Pl'ogl'am.

Statement of Purpose The purpose of this action is to modify, revise, and clarify certain

provisions and requirements for the Maryland Heiitage Areas Authoiity {MHAA) Grant Program in order to improve MHAA's ability to streamline and enhance the grant progrrun by: (i) removing a requirement that places an undue blU'den on jmisdictions; (ii)

(a) (text unchanged) (b) Address or complete piioiity activities which are:

(i) Identified in [the] either an approved management plan [approved for the certified heritage area,] or an amendment or revision to a management plan approved under COMAR 14.29.03.06; and

(ii) (text tmchanged) (3) Assist capital projects which:

(a) (text tmchanged) (b) Address or complete piioiity activities which are:

(i) Identified in [the] either an approved management plan [approved for the certified hetitage area,] or an amendment or revision to a management plan approved under Regulation .06 of Chapter .03 of this subtitle; and

(ii) (text tmchanged) B. (text tmchanged)

.06 Genel'al Gl'ant Allocation Pl'ocedul'es. A. Application.

(1) An application shall: (a) (text tmchanged) (b) Include sufficient information and doctunentation to:

MARYLA1''D REGISTER, VOLUME 44, ISSUE 3, FRIDAY, FEBRUARY 3, 2017

PROPOSED ACTION ON REGULATIONS 204

(i) - (iii) (text m1changed) (iv) Evaluate the readiness of the applicant to initiate the

activity and to complete the activity within an established time frame[,]; and

(v) Evaluate tlle administrative capability of tlle applicant[, and

(vi) Detennine tlle level of contribution to the cost of tlle activity by tlle local jurisdiction or jmisdictions in which tlle recognized or certified heritage area is located,]; and

(c) (text unchanged) (2) (text unchanged)

B. (text unchanged)

WENDI W. PETERS Secretruy of Plruming


14.29.03 Designation of Certified Heritage Areas

C. (text unchanged) WENDI W. PETERS Secretruy of Planning


14.29.04 Maryland Heritage Areas Loan Program

Authority: Financial Institutions Article, §§13-1107(6) and (12) and 13-1113, Annotated Code of Maryland


The Secretruy of Planning proposes to runend Regulation .04 tmder COMAR 14.29.04 Maryland He1itage Areas Loan Program.

Statement of Purpose The purpose of this action is to clarify and simplify the loan

Authority: Financial Institutions Article, §§ 13-1107( 6) and 13-1111 (b ), process for the Mruy land He1itage Area Loan Progrrun by removing Annotated Code of Maryland the requirement cmTently in COMAR l 4.29.04.04B that a local

Notice of Proposed Action ~~?rist!~~.t~~ submit a grant applicati?n together with. all other local [l7-088_p] ~ \ ~3w1sdlct1ons~1thin the certified hentage ru·ea that wtll benefit from

°" ~ the loan. "~ TI1e Secretary of Planning proposes to runend Re~ a ~on .03 of

COMAR 14.29.03 Designation of Certified He1itage/A1·e?s. Comparison to Federal Standards e l There is no correspending federal standard to this proposed action. Statement of Purpose / , .. \

TI1e pmpose of this action is to clruify ce m heritage· area Estimate of Economic Impact provisions by deleting the requirement to provide specific baseline The proposed actio has no economic impact. performance data in a he1itage area management plrfi. I E / .

1 t

8 11 B ·

~ • conolDlc mpac . on ma usmesses Comparison to Federal Standa~ , ' The proppsed action, as minimal or no economic impact on small

TI1ere is no coITesponding federal standard to thts y roppsed action. tiusinesses. I · ~ >j' I

E'.stimate of Eco no~~ Impact '\, 2,,. • , ;"' ", f' 1!11pa~J on Indi~duals wit~ ~isabilities. . . .. TI1e proposed action has no economtc impact. ~}' The prop/.sea action has no impact on mdividuals with d1sabihties.

Economic Impact on Small Businesses""'~' _ _ ;:.f ~portunity for Public Comment . . TI1e proposed action has minimal or no economic impact on ~--' , .;_fo~enf?"m~~ be sent to Com'tney Highsmtth, Legislative

businesses. Officer, Maryland Deprutment of Planning, 301 W. Preston Street,

Impact on Individuals with Disabilities TI1e proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Com'tney Highsmith, Legislative

Officer, Mruyland Department of Planning, 301 W. Preston Street, 11th Floor, Baltimore, MD 21201, or call 410-767-4395, or email to com'[email protected], or fax to 410-767-4480. Comments will be accepted through Mru'Cl1 6, 2017. A public heruing has not been scheduled.

.03 Eligible Proposals. A. (text unchanged) B. A proposal shall include a management plan for the proposed

certified heritage area, developed in cooperation and consultation with tlle Authority and relevant private interests. The management plan shall include:

(1) - (11) (text tmchanged) (12) A schedule for the planning, development, and

management of the proposed ce1tified hetitage area; and [(13) Specific baseline petfonnance data for the heritage ru·ea;

and] [(14)] (13) (text tmchanged)

11th Floor, Baltimore, MD 21201 , or call 410-767-4395, or email to [email protected], or fax to 410-767-4480. Comments will be accepted tlu·ough March 6, 2017. A public heruing has not been scheduled.

.04 Eligible Bonowers. A. (text tmchanged) [B. A local jurisdiction shall submit an application together with

all other local jmisdictions witllin tlle certified he1itage area that will benefit from tlle loan.]

[C.] B. - [D.] C. (text tmchanged)

WENDI W. PETERS Secretruy of Planning

MARYLAND REGISTER, VOLUME 44, ISSUE 3, FRIDAY, FEBRUARY 3, 2017


D. Any person who presents a threat to safety or who is disnipting any Office operations or proceedings may be removed from the premises.

THOMAS DEWBERRY Chief Administrative Law Judge

Title 34 DEPARTMENT OF

PLANNING Subtitle 01 GENERAL

34.01.02 Guidelines for Implementation of the Ma.ryland Environmental Policy Act

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

Resources

215

(2) Contents of List. This list [includes] shall inclwie, for each form or report submitted, the following info1mation:

(a) - (d) (text unchanged) (3) Publication of List TI1e list will be included in the weekly

Intergovernmental Monitor, which the Cleaiinghouse 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) - (5) (text unchanged) C. (text unchanged)

WENDIW.PE1ERS Secretary of Planning

Subtitle 02 STATE CLEARINGHOUSE 34.02.01 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; State Finance and Procurement Article, §§2-203, Notice of Proposed Action 5-401, 5-402 and 5-61 O[, and Article 24, §6-301 ]; Local Government Article,

[17-086-P] §J-804; Annotated Code of Maryland; Executive Order 01.01.1983.17

The Secretary of Planning proposes to amend }.:egula~4 ~ --'...._ Notice of Proposed Action under COMAR 34.01.02 Guidelines for ImpleJ?)ent~tion of the ... ~ [17-081-P] Mar yland Environmental Policy Act. i 0'7 The ecret' ry of Planning proposes to amend Regulations .01, .02,

s tatement of Purpose / · .7 .04, and .05 ~and repeal Regulations .11 and .12 under COMAR The purpose of this action is to cl · and ·revi~e certain 34.0~.0l State C\ea1inghouse Procedures for Intergovernmental

provisions of COMAR 34.01.02.04 Intergo remmental .Review and Review ofFede!,al and State Programs.

Co~rdination by providing that ~fonnati~n . regai:<iing certa~ 1 , /) . Stat~me~t of P~•l>ose . . en~onmental assessment matenal 1eferene~ m this cha~ter is The purpose of tlus action is to (i) con-ect, revise, and clanfy available and seai·chable on tile Department ofia~g's weUs1te. eert~lf1tergovernmental ~~istance regulations; (ii) .allow electro~i.c

Comparison to Feder al Standar~ submissions Ill orj er to elmunate the need for .multiple copies; (m) There is no con-esponding federal standard t~thir;: orop_osed action.. upcijte the regulations to reflect that ctuTent hsts of the State and

\ "' ~ • - .. federal as1 iftan/e programs will be maintained on tile Department of E'.stimate of Economi~ Impac ~ ~~ :1anning~s ~bsite; and (iv) allow notification infonnation submitted

The proposed action has no econonuc impact. ~Z,~or p~.!.>1-lview to be maintained online.

Economic Impact on Small Businesses , ___ , '~ .........- Compa1ison to Federal Standards The proposed action has minimal or no economic impact on small- There is no con-esponding federal standard to this proposed action.

businesses.


Opportunity for Public Comment Comments may be sent to Colll'tney Highsmith, Legislative

Officer, Maryland Department of Planning, 301 W. Preston Street, 11th Floor, Baltimore, MD 21201 , or call 410·767-4395, or email to [email protected], or fax to 410·767-4480. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

.04 Intergovernmental Review and Coordination. A. Cleruinghouse Responsibilities. The Environmental Policy Act

Guidelines of tile Secretary ofNatlll'al Resotll'ces require that a State agency provide to the Clearinghouse a copy of each environmental assessment fo1m and each environmental effe.cts repo1t that tl1e agency prepares. The Clearinghouse (maintains] shall maintain these copies and [makes] make them available for inspection by the public.

B. List of Environmental Assessment Fonns and Environmental Effects Reports.

(1) Prepru·ation of List. TI1e Clearinghouse [prepares] shall prepare a list of the environmental assessment forms and environmental effects repo1ts that it receives.



businesses.


Opportunity for Public Comment Comments may be sent to Courtney Highsmith, Legislative

Officer, Maryland Department of Planning, 301 W. Preston Street, 11th Floor, Baltimore, MD 21201, or call 410·767-4395, or email to [email protected], or fax to 410-767-4480. Comments will be accepted through Mru·ch 6, 2017. A public heaiing has not been scheduled.

.01 Purpose. 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 ce1tain planning

MARYUl''D REGISTER, VOLUME 44, ISSUE 3, FRIDAY, FEBRUARY 3, 2017


and other activities requiring intergovernmental coordination. These procedural regulations are intended to secure the benefits of intergovenunental 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 constmed 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 [Deaprtment) Department, other State or local agencies, or their officials.

.02 Programs and Activities Covered by this Chapter. A. The Depaitment, 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 ai·e covered by the notification and intergovemmental review requirements of this chapter as a result of federal or State statutes or regulations. (The lists ai·e included in Regulations .11 and .12 of this chapter.) The Deparhnent shall maintain current lists on its website of the covered federal and state financial assistance programs.

B. - E. (text unchanged)

. 04 Notification.

Subtitle 03 LAND USE 34.03.02 Guidelines for the Designation of Areas

of Critical State Concern Authority: State Finance and Procurement Article, §S-61 l(d), Annotated Code

of Maryland

Notice of Proposed Action (17-087-P]

TI1e Secretary of Planning proposes to ainend Regulation .01 under COMAR 34.03.02 Guidelines for the Designation of Areas of Critical State Concern.

Statement of Purpose The purpose of this action is to ainend COMAR 34.03.02.01 to

replace references to former Article 66B, Annotated Code of Maryland, with updated and coll'ected references to the Land Use Article, Annotated Code ofMatyland.

Comparison to Federal Standards There is no coll'esponding federal standard to this proposed action .

A. General Requirements. Estimate of Economic Impact (1) - (3) (text tmchanged) Tue proposed action has no economic impact. ((4) Applicants and federal agencies shall send notice~~-:--" --.... . .

info1mation to Chief, State Cleatinghouse for Intergov~netltal..JJ _ ' Econ~llllc Imp~c.t on Small Busme~s~s Assistance, Depaitment of Planning, 301 West Pr~~n. .Street, ~e pFQposed action has ll11llnnal or no econo1Illc 1111pact on small Baltimore, Maryland 21201-2365.] /'/'/ busmesses.

B. Contents of Notification; [Number of Copies] Sub~ission . ..1

~I _,. Impact on Individuals with Disabilities

(1) (text tmchanged) ' The proposed acf~~tas no impact on individuals with disabilities. (2) (Nmnber of Copies. The number of copies will vaiy, .,..

depending on the type of application. Usually, r rre copy will be Opp(>,· mity for Public Comment required if the submission is for info1mation ptuporeJ, and six copies Comments ,may be sent to Com'tney Highsmith, Legislative will be required if the submission is for intergovernmental review. Officer, Mll!Yland Dep,rutment of Planning, 301 W. Preston Street, The notifying party shall contact the Clearinghouse, o detennine the 11th Floor, Baltimore, ~ 21201, or call 410-767-4395, or email to number of copies required.) Submission. Notijica~on information couht1ey.hig\[email protected], or fax to 410-767-4480. required by this section shall be sent by the notifYin~,, ~ as a .pdf ~~omments will 'le acfcepted tlu·ough March 6, 2017. A public hearing document attached to an email / sf!{!t ' to has npt been sche~i.J).ed. [email protected]. ' . /-(/. . . .

c. _ D. (text unchanged) ~~me s;~dule for Compliance with (Article 66B) Land Use 1 , _ __..J.rfiol.e, Annotated Code of Maryland .

• OS Disttibution and Refenal. :A. E5(pianation. Chapter 363 of the Laws of 1975 extended until A. - B.(texttmchanged) December 31, 1975, the life of local comprehensive plans not C. Specific Requirements. (complying] then in compliance with the provisions of former Article

(1) (text tmchanged) 66B of the Annotated Code of Mruyland (including §3.05(a)(7)) (2) The Cleruinghouse shall supply the (Baltimore Regional (until December 31 , 1975] (Chapter 8 of the Laws of 1975

Council of Govermnents] Baltimore Metropolitan Council with established a compliance date of October 31, 1975 for Somerset notification infonnation on applications that the Clearinghouse Cotmty). The applicable provisions of former Article 66B are now detemlines will or may affect the Baltimore Region or any local codified in the Land Use Article, Annotated Code of Maryland. On jurisdiction within that region. For those applications, the (Baltimore December 11, 1974, the Depattment of State Planning suspended for Regional Cotmcil of Govermnents) Baltimore Metropolitan Council an indefmite period of time the compliance date for the critical area shall notify and consult with affected local jrnisdictions in the portion of the local plan ([Article 66B, §3.05(a)(7)] now codified at Baltimore Region. Land Use Article, §3-109, Annotated Code of Maryland, see 1: 5 Md.

(3) - (5) (text tmchanged) R 242 (December 11, 1974)). (6) The Clearinghouse shall (maintain at least one copy of all B. A local plan may not be deemed invalid or ineffective solely

notification information) make notification information submitted to because of a failure to comply timely with [Article 66B, §3.05(a)(7)] the Clearinghouse available for public review (at its offices at 301 Land Use Article, §3-109, Annotated Code of Mruyland, tmless the West Preston Street, Baltimore, Maryland] by maintaining the Secretary of the Department of Planning makes a detennination that information in a searchable format on the Department's website. the local jurisdiction has not made good faith efforts to comply.

D. - F. (text tmchanged) Before making any such detemlination, the Secretary shall afford the

WENDI W. PETERS Secretary of Planning

affected jurisdiction an opportlmity to present evidence of its efforts to comply.

WENDI W. PETERS Secretruy of Planning



Subtitle 03 LAND USE 34.03.03 Certification of County Agricultural

Land Preservation Programs Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and

Procmement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §3-306; Annotated Code of Maryland

Notice of Pr oposed Action [17-085-P]

The Secretary of Planning proposes to amend Regulation .02 tmder COMAR 34.03.03 Certification of County Agricultural Land Preservation Progr ams.

Statement of Purpose The purpose of this action is to COMAR 34.03.03.02 to replace a

reference to fo1mer Article 66B, Annotated Code of Mruyland, with an updated and coITected reference to the Land Use Article, Annotated Code of Maryland.

Comparison to Feder al Standards There is no coITesponding federal standard to this proposed action.

Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS

217

34.04.01 Maryland Historical Trust Historic Preservation Grant Program

Authority: State Finance and Procurement Article, §§5-7B-Ol- 5-7B-10 and 5A-328, Annotated Code of Maryland; Executive Orders Ol.Ol.1992.27C and

01.01.1998.04


The Secretary of Planning proposes to runend Regulations .OS and .06 tmder COMAR 34.04.01 Maryland Historical Trust Historic Preservation Grant Program.

Statement of Purpose The purpose of this action is to runend and clarify the listed

eligible activities and general grant allocation procedrn·es for the Maryland Histo1ical Tmst Historic Preservation Grant Program, and to require input from local elected officials on activities proposed for fonding under the Program.

Estimate of Economic Impact Compa1ison to Federal Standards The proposed action has no economic impact. _ ~ Utere is no coITesponding federal standard to this proposed action.

Economic Impact on Small Business~:,..\~. - _ ~ Estimate of Economic Impact The proposed action has minimal or no economi~ in}pact on small The proposed action has no economic impact.

businesses. // .... / \ . . . . . . It.. . . ( '7 ,..Econ~llllc Imp~ct on Small Busmess~s

Impact on Individuals with D1sab1lities The proposed a{tion has nllllllllal or no econollllc impact on small

The proposed action has ~o impact o~ indit dual ,with disabilities. businesses. "";.J' . . . . .. . Opportumty for Public Comment I , I~act on Individuals with D1sabllities

Collllnents may be sent to Cotu1ney Highsmith, Legislaftve The proposed action has no impact on individuals witll disabilities. Officer, Maryland Department of Planning, 301 W. ,Preston Street, l1 . . 1 Ith Floor, Baltimore, MD 21201 , or call 410-761-4395 or email to / ·~portumty for Public Co~ent . . . [email protected] or fax~ fo 41.Q_767_4480~ ~ Collllllent may be sent to Co~ey Highsnuth, Legislative

. ' \i . , . ""' OfficeF; Maryland Department of Planmng, 301 W. Preston Street, Comments will be accepted through March 6, 201 / A oubhc hearmg ...

11th Fl. r R;

1t . MD

2 20 11 0 767 395 ·1

h t b 1 d 1 d · ~ iuo~r T. tllllore, I I , or ca 41 - -4 , or ema1 to as no . een sc ie u e . ' ' 11. ·u @t "

~ ~ courtp.ey. 1 Sllll 1 . nruyland.gov, or 1ax to 410-767-4480 . . 02 Definitions. Collllnen s will be accepted through Mru·ch 6, 2017. A public heating

A. (text tmchanged) ~ aS'ficit been scheduled. B. Terms Defined.

(I) - (8) (text unchanged) (9) Local Plan.

(a) (text unchanged) (b) "Local plan" includes a general plan, master plan,

comprehensive plan, conllllunity plan, and the like as adopted in accordance with [Article 66B, Titles 3 and 14] Division I of the Land Use Article, Annotated Code of Maryland.

(I0) - (14) (text tmchanged)


.OS Eligible Activities. A. - B. (text tmchanged) [C. The project shall be located witllin a p1iority fimding area as

desc1ibed in State Finance and Procmement Article, §5-7B-02, Annotated Code of Mruyland, tmless the Secretruy detemlines in the Secretary's sole discretion that the project is:

( I) A tourism facility or muselllll that is required to be located away from development because it must be in proximity to a specific historic, natmal, or cultural resource; or

(2) Necessary to: (a) Protect public safety or health; (b) Alleviate personal economic hru·dship in an emergency

situation; ( c) Promote economically integi·ated housing; ( d) Secme an easement that restricts fiufuer development of

a historic property or encorn·age preservation of the historic integrity of the property;

(e) Cruzy out a project approved tmder a certified heritage ru·ea management plan;

(f) Avoid a conflict with federal law; or (g) Relieve an inequity or cru1y out the purposes of the

Program, consistent with the purposes of State Finance and



Procurement Alticle, Title 5, Subtitle 7B, Allnotated Code of Maryland.)

(D.) C. (text rn1changed)

.06 General Grant Allocation Procedures. A. Application Solicitation.

(1) - (4) (text tmchanged) (5) [The Tmst shall establish due dates for the receipt of

applications in such a fashion to allow sufficient time for public review and comment on the applications.) The Tm.st shall direct applicants to submit one or more letters of support for the proposed activity from the chief elected officials of the local jurisdiction within which the proposed activity will be located.

(6) (text tmchanged)


businesses.


Opportunity for Public Comment Comments may be sent to Comtney Highsmith, Legislative

Officer, Maryland Depa1tment of Planning, 301 W. Preston Street, 11th Floor, Baltimore, MD 21201, or call 410-767-4395, or email to [email protected], or fax to 410-767-4480. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

(B. Public Review and Comment. .OS Eligible Activities. (1) After the application due date, the Tmst shall prepare a A. - B. (text unchanged)

list by cotmty of the applications received. (C. T11e project shall be located within a priority fonding area as (2) For each application the list shall identify the project described in State Finance and Procurement Aiticle, §5-7B-02,

name, location, amotmt of grant assistance requested, desc1iption of Allnotated Code of Maryland, unless the Secretary detellllines in the the paiticular costs proposed to be fimded by the requested grant Secretary's sole discretion that the project is: assistance, total project costs, and a brief project description. (1) A tourism facility or museum that is required to be located

(3) T11e Tmst shall endeavor to mail a copy of the list and away from development because it needs to be close to a specific the selection c1ite1ia to prese1vation and other related organizations histo1ic, natural, or cultural resorn·ce; or Statewide and to the chief elected officials of the local jurisdictions in (2) Necessaiy to: which the proposed projects ai·e located, with a request for wri~en .1 1 '- --.{a) Protect public safety or health; comment on the applications by a ceitain date. ,# \ ~ - & AJ1eviate personal economic hardship in an emergency

(4) Subject to the pertinent provisions of State- Gft,_emment situation;, ~ Aiticle, § 10-611 et seq., Allnotated Code of Maryland¥yTrust shall ( c) Promote economically integrated housing; make available a particular application for inspection11pon request"' .7 (d) Sectn·e ~ easement that rest1icts forther development of

(5) T11e Trust shall endeavor, but is not)>bligated, to give a historic propei:tY'or encourage preservation of the histo1ic integiity considei·ation in the gi·ant selection process to alifp;ritteiJ, cop;nllents oftheprope1ty· "';.\\ received by the Tmst within the prescribed deadline.,

1 (e) C{IITY out. i project approved under a certified heritage

. (6) The Tmst is not obligated to reslf~d to comments area management plati; . . received.] 1... (f) void a conflict with federal law; or

(C.) B. (text tmchanged) (g) P;.eliev:e .aJ inequity or carry out the purposes of the ~. 1 w, PETERS Program, consisten t.rith the purposes of State Finance and

~S ·..,, 'f ;;l . -.:.: Procur~e.tt Article( Title 5, Subtitle 7B, Allnotated Code of ecret~ , r; anrung M'i\ryland.];? h

........... ' ....._____:_ ...-::; ..._# Subtitle 04 HISTORICAL AND~

CULTURAL PROGRAMS

WENDI W. PETERS Secretaiy of Plalllling

34.04.02 Maryland Historical Trust Historic Preservation Loan Program

Authority: State Finance and Procurement §§5-7B-Ol - 5-7B-10 and SA-327, Annotated Code of Maryland; Executive Orders Ol.Ol.1992.27C and

01.01.1998.04


T11e Secretary of Planning proposes to ainend Regulation .OS tmder COMAR 34.04.02 Maryland Hist01ical Trust Historic Preservation Loan Program.

Statement of Purpose T11e purpose of this action is to modify a certain Histo1ic

Preservation Loan provision, by eliminating the requirement that projects fimded tmder the Maiyland Historical Tmst Loan Program be located within a p1iority fimding area.

Comparison to Federal Standards T11ei·e is no co1Tesponding federal standai'd to this proposed action.

Estimate of Economic Impact T11e proposed action has no economic impact.

Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS

34.04.04 Historical and Cultural Museum Assistance Program Authority: State Finance and Procurement Article, §§SA-349--SA-359,

Annotated Code of Maryland


The Secretary of Plalllling proposes to amend Regulation .01 tmder COMAR 34.04.04 Historical and Cultural Museum Assistance Program.

Statement of Purpose The prnpose of this action is to accurately reflect that the

Maryland Histo1ical Tmst is an agency within the Maiyland Depaitment of Plalllling, not the Department of Housing and Community Development.

Comparison to Federal Standards There is no co1Tesponding fedei·al standard to this proposed action.



Estimate of Economic Impact TI1e proposed action has no economic impact.

Economic Impact on Small Businesses TI1e proposed action has minimal or no economic impact on small

businesses.


Opportunity for Public Comment Comments may be sent to Cominey Highsmith, Legislative

Officer, Maryland Department of Planning, 301 W. Preston Street, 11th Floor, Baltimore, MD 21201, or call 41 0-767-4395, or email to [email protected], or fax to 410-767-4480. Comments will be accepted through March 6, 2016. A public hearing has not been scheduled.

.01 General. These regulations prescribe the policies, procedures, and

autho1izations for making and administering grants and providing assistance under the Histo1ical and Cultmal Museum Assistance Program of the Maryland Historical Tmst, an agency within the Department of (Housing and Comnumity Development) Planning. TI1e objective of the Program is to provide grants and teclmical and adviso1y assistance to local jmisdictions and nonprofit or~~_a40fis '" for the purpose of supporting the upgrade, <;;are-,· researclJ, interpretation, docmnentation, and display of the tak's historical and culttu·al musemn collections and operating s~o'rt for museum-related activities. A / .7

/WENDI W. PETERS Secretary of Planning

I , Subtitle 04 HISTORI ·lAL AND·

The Secretary of Planning proposes to amend Regulations .01 and .02 1mder COMAR 34.04.08 Use of State Museum Proper ty.

Statement of Purpose The pmpose of this action is to amend COMAR 34.04.08.01 and

.02 to delete references to the Banneker-Douglass Musemn, which is no longer a State musemn within the Maryland Department of Planning.

Comparison to Feder al Standards There is no con-esponding federal standard to this proposed action.



businesses.


Opportunity for Public Comment Comments may be sent to Cominey Highsmith, Legislative

Officer, Maryland Department of Planning, 301 W. Preston Street,

219

11th Floor, Baltin1ore, MD 21201, or call 410-767-4395, or email to [email protected], or fax to 410-767-4480. Comments will be accepted through March 6, 2017. A public heating has not been scheduled.

.01 General. A. - B. (text 1mchanged) (C. The Commission on African American History and Cultme

owns and operates the Banneker-Douglass Muselllll in Annapolis.) (D.) C. - (F.) E. (textlmchanged)

.02 Definitions. A. (text 1mchanged) B. Tenns Defined.

(1) - (4) (text 1mchanged) (5) (text 1mchanged)

(a) (text unchanged) (b) "State muse1U11" includes Jefferson Patterson Park and

MusetU11 in Calvert Cotmty (and Banneker-Douglass Muselllll in Annapolis].

(6) - (7) (text 1mchanged)

