COMAR Title 34 — DEPARTMENT OF PLANNING

title-34COMAR Title 34Regulation

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34.01.01 Petitions for Adoption of Regulations; Petitions for Declaratory Rulings

COMAR 34.01.01.01 Petitions for Adoption of Regulations.

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or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed.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.

History

  • Administrative History: Effective date: September 8, 1978 (5:18 Md. R. 1388)
  • Administrative History: Chapter recodified from COMAR 16.00.06 to COMAR 16.01.03
  • Administrative History: Regulation .01C amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .02C amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.03 to COMAR 14.24.03 in July, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.03 to COMAR 34.01.01
  • Authority: State Government Article, §§10-122(a) and 10-304(b), Annotated Code of Maryland
COMAR 34.01.01.02 Petitions for Declaratory Rulings.

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.

History

  • Administrative History: Effective date: September 8, 1978 (5:18 Md. R. 1388)
  • Administrative History: Chapter recodified from COMAR 16.00.06 to COMAR 16.01.03
  • Administrative History: Regulation .01C amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .02C amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.03 to COMAR 14.24.03 in July, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.03 to COMAR 34.01.01
  • Authority: State Government Article, §§10-122(a) and 10-304(b), Annotated Code of Maryland

34.01.02 Guidelines for Implementation of the Maryland Environmental Policy Act

COMAR 34.01.02.01 Purpose.

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.

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources
COMAR 34.01.02.02 Definitions.

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.

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources
COMAR 34.01.02.03 General Policy.

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.

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources
COMAR 34.01.02.04 Intergovernmental Review and Coordination.

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:

State Clearinghouse for Intergovernmental Assistance

Department of Planning

301 West Preston Street

Baltimore, Maryland 21201-2365.

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.

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources
COMAR 34.01.02.05 Vacant.

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources
COMAR 34.01.02.06 Submission of Federal Environmental Impact Statements.

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..

History

  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.01 to COMAR 14.24.01 in July 1, 1989
  • Administrative History: ——————
  • 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)
  • Authority: Natural Resources Article, §§1-303 and 1-304, Annotated Code of Maryland; Environmental Policy Act Guidelines of the Secretary of Natural Resources

34.01.03 State Depository of Plans

COMAR 34.01.03.01 Definitions.

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.

History

  • Administrative History: Effective date: December 30, 1977 (4:27 Md. R. 2108)
  • Administrative History: Chapter recodified from COMAR 16.00.05 to COMAR 16.01.02
  • Administrative History: Chapter revised effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.02 to COMAR 14.24.02 in July 1, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.02 to COMAR 34.01.03 effective March 10, 2009
  • Authority: State Finance and Procurement Article, §5-502, Annotated Code of Maryland
COMAR 34.01.03.02 Purpose of Depository.

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.

History

  • Administrative History: Effective date: December 30, 1977 (4:27 Md. R. 2108)
  • Administrative History: Chapter recodified from COMAR 16.00.05 to COMAR 16.01.02
  • Administrative History: Chapter revised effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.02 to COMAR 14.24.02 in July 1, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.02 to COMAR 34.01.03 effective March 10, 2009
  • Authority: State Finance and Procurement Article, §5-502, Annotated Code of Maryland
COMAR 34.01.03.03 Location of and Access to Depository.

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.

History

  • Administrative History: Effective date: December 30, 1977 (4:27 Md. R. 2108)
  • Administrative History: Chapter recodified from COMAR 16.00.05 to COMAR 16.01.02
  • Administrative History: Chapter revised effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.02 to COMAR 14.24.02 in July 1, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.02 to COMAR 34.01.03 effective March 10, 2009
  • Authority: State Finance and Procurement Article, §5-502, Annotated Code of Maryland
COMAR 34.01.03.04 Submission of Material to Depository.

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.

History

  • Administrative History: Effective date: December 30, 1977 (4:27 Md. R. 2108)
  • Administrative History: Chapter recodified from COMAR 16.00.05 to COMAR 16.01.02
  • Administrative History: Chapter revised effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.02 to COMAR 14.24.02 in July 1, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.02 to COMAR 34.01.03 effective March 10, 2009
  • Authority: State Finance and Procurement Article, §5-502, Annotated Code of Maryland
COMAR 34.01.03.05 Responsibilities of Depository.

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.

History

  • Administrative History: Effective date: December 30, 1977 (4:27 Md. R. 2108)
  • Administrative History: Chapter recodified from COMAR 16.00.05 to COMAR 16.01.02
  • Administrative History: Chapter revised effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.01.02 to COMAR 14.24.02 in July 1, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.02 to COMAR 34.01.03 effective March 10, 2009
  • Authority: State Finance and Procurement Article, §5-502, Annotated Code of Maryland

34.02.01 State Clearinghouse Procedures for Intergovernmental Review of Federal and State Programs

COMAR 34.02.01.01 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 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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.02 Programs and Activities Covered by this Chapter.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.03 Definitions.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.04 Notification.

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 [email protected].

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.05 Distribution and Referral.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.06 Review and Recommendations.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.07 Approving Authority Response to Review Comments.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.08 Notice of Awards of Federal Assistance.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.09 Incorporation of Other Consultation or Consistency Review Requirements.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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
COMAR 34.02.01.10 Reporting and Evaluation.

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.

History

  • 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: ——————
  • 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: ——————
  • Administrative History: Chapter recodified from COMAR 16.02.01 to COMAR 14.24.04 in July, 1989
  • Administrative History: ——————
  • 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)
  • 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

34.02.02 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

COMAR 34.02.02.01 Scope.

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.

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.02 Purpose.

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.

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.03 Definitions.

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.

Cross References

34.02.02.06A

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.04 Reporting Excess Property.

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.

Cross References

34.02.02.05B

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.05 Post-Determination Actions.

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.

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.06 Substantial Change.

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.

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.07 Rights-of-Way and Easements.

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.

History

  • 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: ——————
  • 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
  • Authority: State Finance and Procurement Article, §§5-310, 5-504, and 5-505,and Title 10, Subtitle 3, Annotated Code of Maryland
COMAR 34.02.02.08 Monetary Compensation.

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.

History

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

34.03.01 Standards for Intervention in Land Use Proceedings

COMAR 34.03.01.01 Nature and Purpose of Intervention.

Legislative, executive, and judicial decisions at all levels of government that concern land use, development, or construction may have important consequences for the State. The Department of Planning is authorized by statute to participate as a party in any proceeding in the State concerning land use, development, or construction. The purpose of intervention in a particular proceeding is to inform the decision-maker of the Department's views or the views of another unit of State government and to prompt the decision-maker to take action that will be most consistent with the general welfare of the State and its citizens.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.02 General Policy on Intervention.

It is the general policy of the Department to participate in selected proceedings concerning land use, development, or construction that are of State or interjurisdictional interest. The decision whether a particular proceeding is of State or interjurisdictional interest shall be made by the Department according to these standards.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.03 Intervention in Local Proceedings.

A. Review of Basic Plans and Regulations. Certain plans and regulations serve as the foundation for land use, development, and construction decisions in a county or municipal corporation. These plans and regulations generally affect all or a substantial portion of the county or municipal corporation. Because of their importance, the Department reviews these plans and regulations and makes recommendations to local governments, as appropriate. The Department may participate in local proceedings preceding the adoption of a particular plan, regulation, or set of regulations, through correspondence, through attendance or testimony at meetings or hearings, or in any other appropriate manner. The Department may also participate in judicial proceedings in which an adopted plan or regulation is invoked or challenged. Examples of the plans and regulations covered by this section are:

(1) Comprehensive or master plans, area plans, and functional plans, and amendments to these plans;

(2) Zoning ordinances and text amendments to these ordinances;

(3) Comprehensive zonings and comprehensive rezonings;

(4) Subdivision regulations and amendments to these regulations; and

(5) Local critical area protection programs prepared under Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland.

B. Participation in Individual Proceedings. The term “individual proceedings” includes proceedings in connection with zoning map amendments, special exceptions, variances, and the administration of subdivision regulations, as well as other proceedings that normally involve only a single property or a small number of properties. The Department shall examine the following factors in determining whether an individual proceeding is of State or interjurisdictional interest, so as to warrant intervention:

(1) The consistency of proposed actions with State policies, plans, and programs;

(2) The impacts proposed actions are likely to have on State facilities;

(3) The interjurisdictional impacts proposed actions are likely to have;

(4) The economic and environmental impacts proposed actions are likely to have;

(5) The compatibility of proposed actions with local plans, regulations, and enabling authority; and

(6) The compatibility of proposed actions with State statutory and case law.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.04 Intervention in Proceedings of Regional, State, Interstate, and Federal Agencies.

The Department may intervene in certain proceedings in this State that are conducted by regional, State, interstate, and federal agencies. Among these are proceedings in connection with the adoption or amendment of plans; the initiation, modification, or abandonment of major public improvements; the adoption, amendment, or enforcement of regulations; and the granting, modification, or revocation of licenses or permits. The Department may participate in these proceedings through correspondence, through attendance or testimony at meetings or hearings, through legal argument, or in any other appropriate manner.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.05 Requests for Intervention.

A. Units of State Government. A unit of State government may request that the Department intervene in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of the requesting unit or another unit of State government, to state the views of the Department or the requesting unit.

B. Local Governments, Individuals, and Organizations. A local government may request that the Department intervene in a local proceeding, including a proceeding of another local government, or in a proceeding of a regional, State, interstate, or federal agency. An individual or organization may request that the Department intervene in a local proceeding, or in a proceeding of a regional, State, interstate, or federal agency. If it intervenes, the Department will state the views of the Department or another unit of State government.

C. Submission of Requests for Intervention.

(1) Requests for intervention should be in writing and should contain the following information:

(a) The name, address, and telephone number of the individual, organization, or agency making the request;

(b) The location, size, and ownership of any property involved;

(c) The name of the approving authority;

(d) The nature and date of any scheduled hearing or other proceedings; and

(e) The reason for requesting intervention.

(2) Requests for intervention should be directed to the Secretary, Department of Planning, 301 West Preston Street, Baltimore, Maryland 21201.

(3) Untimely requests for intervention may not be honored, except in unusual circumstances.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.06 Notice by Local Governments to the Department.

The Department and local governments have established written procedures for notifying the Department of proceedings concerning land use, development, or construction that may be of State or interjurisdictional interest. The notification procedures are intended to keep the Department advised of local developments and not to limit the Department's intervention authority. The Department may intervene in a local proceeding, whether or not it receives notice according to the notification procedures. The Department may send annual reminders or informational memoranda to local governments to ensure that they are aware of notification procedures.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.07 Coordination with Units of State Government.

A. In General. The Department shall make efforts to coordinate its intervention activities with the plans, programs, and activities of other units of State government. When the Department determines that intervention in a local proceeding, in a proceeding of a regional, interstate, or federal agency, or in a proceeding of another unit of State government, may be of interest to a unit of State government, the Department shall, if possible, inform the interested unit, in advance, of its intention to intervene.

B. Coordination Procedures. The Department may establish specific coordination procedures in cooperation with another unit of State government to facilitate participation in land use proceedings of mutual concern.

C. Coordination with Chesapeake Bay Critical Area Commission.

(1) If the Department has comments concerning the proposed or adopted critical area protection program of a local jurisdiction, or a proposed amendment to the program, it shall express its views to the local jurisdiction and to the Chesapeake Bay Critical Area Commission.

(2) Before the Department intervenes in an individual proceeding involving land that is located in the Chesapeake Bay Critical Area and that is covered by an adopted local critical area protection program, it shall coordinate with the Chesapeake Bay Critical Area Commission, except when coordination is not possible due to time constraints. After it intervenes in a proceeding, the Department shall keep the Critical Area Commission informed about its actions.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland
COMAR 34.03.01.08 Standards Do Not Limit Authority.

These standards are intended to inform governmental units, individuals, and organizations of the general policy and procedures that will be followed by the Department. They are not intended to and should not be construed to limit the Department's intervention authority.

History

  • Administrative History: Effective date: October 15, 1975 (2:23 Md. R. 1416)
  • Administrative History: (Chapter recodified from COMAR 16.00.03 to 16.03.01)
  • Administrative History: Chapter revised effective December 26, 1980 (7:26 Md. R. 2425)
  • Administrative History: Regulation .02 amended effective November 30, 1987 (14:24 Md. R. 2557)
  • Administrative History: Regulation .03A amended and .03C repealed effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: Regulations .05C, .06, .07 amended effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 14.24.06 in July, 1989
  • Administrative History: Chapter recodified from COMAR 14.24.06 to COMAR 34.03.01
  • Authority: State Finance and Procurement Article, §5-305, Annotated Code of Maryland

34.03.02 Guidelines for the Designation of Areas of Critical State Concern

COMAR 34.03.02.01 Time Schedule for Compliance with Land Use Article, Annotated Code of Maryland.

A. Explanation. Chapter 363 of the Laws of 1975 extended until December 31, 1975, the life of local comprehensive plans not then in compliance with the provisions of former Article 66B of the Annotated Code of Maryland (including §3.05(a)(7)) (Chapter 8 of the Laws of 1975 established a compliance date of October 31, 1975 for Somerset County). The applicable provisions of former Article 66B are now codified in the Land Use Article, Annotated Code of Maryland. On December 11, 1974, the Department of State Planning suspended for an indefinite period of time the compliance date for the critical area portion of the local plan (now codified at Land Use Article, §3-109, Annotated Code of Maryland, see 1:5 Md. R. 242 (December 11, 1974)).

B. A local plan may not be deemed invalid or ineffective solely because of a failure to comply timely with Land Use Article, §3-109, Annotated Code of Maryland, unless the Secretary of the Department of Planning makes a determination that the local jurisdiction has not made good faith efforts to comply. Before making any such determination, the Secretary shall afford the affected jurisdiction an opportunity to present evidence of its efforts to comply.

History

  • Administrative History: Effective date: December 11, 1974 (1:5 Md. R. 242)
  • Administrative History: Chapter revised effective January 7, 1976 (3:1 Md. R. 41)
  • Administrative History: Regulations .03 and .11 amended effective June 30, 1978 (5:13 Md. R. 1065)
  • Administrative History: Regulation .03B amended as an emergency provision effective September 26, 1980 (7:21 Md. R. 1991); adopted permanently effective November 28, 1980 (7:24 Md. R. 2263)
  • Administrative History: Regulation .12 amended as an emergency provision effective May 8, 1978 (5:10 Md. R. 776); adopted permanently effective June 30, 1978 (5:13 Md. R. 1065)
  • Administrative History: Previous Regulation .05 repealed as an emergency provision effective May 8, 1978 (5:10 Md. R. 776); Regulations .02 and .05 repealed effective June 30, 1978 (5:13 Md. R. 1065) (Previous Regulations .03, .04, .06—.14 renumbered as Regulations .02, .03, .04—.12, respectively)
  • Administrative History: Chapter recodified from COMAR 16.00.02 to 16.04.01
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and Regulation .12 recodified to Regulation .01 effective November 30, 1987 (14:24 Md. R. 2558)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 14.24.07 in July, 1989
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.07 to COMAR 34.03.02 in 2008
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 407)
  • Authority: State Finance and Procurement Article, §5-611(d), Annotated Code of Maryland

34.03.03 Certification of County Agricultural Land Preservation Programs

COMAR 34.03.03.01 Purpose.

This chapter establishes the eligibility requirements and applications procedures for the certification and recertification of a county agricultural land preservation program by the Department of Planning and the Maryland Agricultural Land Preservation Foundation. Certification of a county agricultural land preservation program qualifies the county for additional funding as provided in State Finance and Procurement Article, §5-408(h), Annotated Code of Maryland, and Regulation .09 of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.02 Definitions.

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

B. Terms Defined.

(1) “Agricultural land transfer tax” means the tax imposed under Maryland Tax-Property Article, §13-302, Annotated Code of Maryland.

(2) “County” means a county of the State or Baltimore City.

(3) “County agricultural preservation advisory board” means a board established by a county under Agriculture Article, §2-504.1, Annotated Code of Maryland.

(4) “County funds” means local funds derived from sources other than the agricultural land transfer tax.

(5) “County governing body” means the board of county commissioners or, in a charter county, the county executive and the county council of a county.

(6) “County program” means a county agricultural land preservation program under State Finance and Procurement Article, §5-408, Annotated Code of Maryland.

(7) “Department” means the Maryland Department of Planning.

(8) “Development right” means a right under local law to develop land for non-agricultural commercial, industrial, or residential use.

(9) “Financial enhancement” means a financial incentive that a county offers to encourage local landowners to participate in a land preservation program, including, but not limited to, property tax credits, bonus payments, or tax-free interest payments.

(10) “Foundation” means the Maryland Agricultural Land Preservation Foundation in the Maryland Department of Agriculture.

(11) “Local plan” means a County’s goals, objectives, policies, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps which constitute the guide for the County’s future development, and includes a general plan, master plan, comprehensive plan, or community plan adopted in accordance with Division I of the Land Use Article, Annotated Code of Maryland.

(12) “Nonqualifying expenditures” means expenditures by a county, other than qualifying expenditures, made to support, administer, or operate a county program.

(13) “Priority preservation area” means an area established and certified in accordance with Agricultural Article, §2-518, Annotated Code of Maryland, and Regulation .06 of this chapter, and which is identified and delineated on a map as the priority preservation area in a priority preservation area element of the local plan.

(14) “Program development strategy” means a strategy designed to improve the effectiveness of a county program.

(15) “Program evaluation” means an evaluation of a county program that:

(a) Evaluates the effectiveness of the county’s zoning and land management practices to:

(i) Limit the adverse impacts of subdivision and development of agricultural and forest land;

(ii) Allow for the timely acquisition of land preservation easements on agricultural and forest land; and

(iii) Achieve the Foundation’s goals, as expressed in Agriculture Article, §2-501, Annotated Code of Maryland and Regulation .03 of this chapter, before development excessively compromises agricultural and forest resource lands; and

(b) With respect to the goals for certification of a county program set forth in Regulation .03 of this chapter:

(i) Identifies the strengths and weaknesses in the county’s zoning and land management practices and the county program;

(ii) Includes a discussion and analysis of all identified weaknesses; and

(iii) Identifies the county’s plans and actions to make improvements to the county’s zoning and land management practices and the county program.

(16) “Qualifying expenditures” means expenditures of county funds by a county to:

(a) Purchase a development right;

(b) Provide bond annuity funds or matching funds for the purchase of a development right;

(c) Guarantee loans that are collateralized by a development right;

(d) Provide additional financial incentives to agricultural land owners to sell a development right; or

(e) Pay allowable administrative expenses as provided in Tax-Property Article, §13-306(c)(5), Annotated Code of Maryland.

(17) “Secretary” means the Secretary of the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.03 Goals.

Certification and recertification of a county program are intended to assure that the county program operates to:

A. Maintain rural communities and areas capable of supporting agricultural and forestry activities that enable positive economic contributions of agriculture and forestry and the important roles that farming and forestry play in enhancing Maryland’s environment;

B. Complement the Foundation’s mandate to preserve viable agricultural and forest lands;

C. Make agricultural and forest land preservation part of an overall effort to manage growth and preserve environmental quality; and

D. Assure the cost effectiveness of:

(1) County expenditures directed toward preservation of agricultural and forest land; and

(2) Expenditures by the county of the agricultural land transfer tax.

Cross References

34.03.03.02B(15)(a)(iii)

34.03.03.02B(15)(b)

34.03.03.05D(9)(c)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.04 Eligibility and Certification Requirements.

A. A county may apply for certification or recertification by the Department and the Foundation of a county program.

B. Before it may certify or recertify a county program, the Department and the Foundation must determine that:

(1) Both the county agricultural preservation advisory board and the county governing body:

(a) Have determined that the county program is effective in preserving agricultural and forest land; and

(b) Approve the county’s application for certification or recertification of the county program;

(2) The county program encourages the participation of farmers in agricultural land preservation efforts, including through the purchase of development rights or financial enhancements related to the purchase of development rights through funds other than those from the Maryland Agriculture Land Preservation Fund established in Agriculture Article, §2-505, Annotated Code of Maryland;

(3) The county’s local plan includes a priority preservation area element that:

(a) Establishes appropriate goals for preservation within the priority preservation area of agricultural and forest land; and

(b) Meets the requirements of Regulation .05D(9) of this chapter;

(4) The size of the county’s priority preservation area is appropriate in relation to the county’s agricultural and forest land acreage preservation goals;

(5) The local plan, plan implementation tools, and program development strategy are likely to be successful in managing development and providing time to achieve State and county goals through acquisitions within the priority preservation area of land preservation easements before the area is excessively compromised by development;

(6) The county’s programs for the purchase of development rights and for financial enhancements related to the purchase of development rights:

(a) Are proven successful at the time of the county’s application; or

(b) Are likely to be successful, as described in §B(5) of this regulation, during the certification or recertification period; and

(7) The county has committed to making qualifying expenditures in an amount at least equal to the additional funds that would be available to the county if the county program is certified.

Cross References

34.03.03.07B(1)(b)

34.03.03.10B(3)(b)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.05 Application for Certification.

A. This regulation applies to an application for certification of a county program that is:

(1) A county’s initial application for certification; or

(2) An application for certification of a county program if the county program had once been certified or recertified but is not certified or recertified at the time of the application.

B. An application for certification of a county program:

(1) Shall be submitted to both the Department and the Foundation on a form prescribed by the Department and the Foundation; and

(2) Shall serve as an application for certification by the Department and the Foundation of the county’s priority preservation area element for purposes of Agriculture Article, §2-518(g), Annotated Code of Maryland.

C. Preliminary Application.

(1) A county may submit a draft application to the Department and the Foundation for preliminary review and comment.

(2) If a county submits a draft application to the Department and the Foundation under this section, the Department and the Foundation must within 45 days after receipt of the draft application provide written comments to the county on the draft application.

D. An application for initial certification of a county program shall:

(1) Include a resolution, ordinance, or other appropriate authorization adopted or issued by the county agricultural preservation advisory board and the county’s governing body that establishes each body’s approval of both the county program and the application for certification;

(2) Include a program evaluation;

(3) Include a summary of how State, local, and other land preservation easement acquisition programs will operate to permanently preserve lands in the county’s priority preservation area at a rate sufficient to achieve State and local land preservation goals;

(4) Include an evaluation of how county and other farming assistance programs operate to support profitable agriculture and forestry activities within the priority preservation area;

(5) Identify the number and locations of residential parcels and acres subdivided and developed within the priority preservation area during the 5-year period that preceded the application;

(6) Identify the total acreage and locations of agricultural and forest land located within the priority preservation area that is permanently preserved through land preservation easements that were recorded in the county’s land records during the 5-year period that preceded the application;

(7) Include the county’s current program development strategy;

(8) Include an inventory, in digital and tabular form, that:

(a) Identifies all properties located within the county that have been permanently preserved by a recorded land preservation easement;

(b) Identifies whether a preserved property is located within or outside of the priority preservation area;

(c) For each property identified, provides:

(i) The number of each tax map on which the parcel appears;

(ii) Each grid cell number of each tax map on which the parcel appears;

(iii) The parcel number that identifies the property on each tax map;

(iv) The tax account identification number;

(v) The total number of acres under easement;

(vi) The date on which the easement became effective;

(vii) The preservation program or entity that holds the easement;

(viii) The means through which the easement was acquired, such as purchase, transfer of development rights between private parties, or another means specified by the county; and

(ix) The easement purchase price, if the easement was purchased through or with financial assistance from a government program; and

(d) Is approved by the Department for content and format; and

(9) Verify that the local plan includes a priority preservation area element that:

(a) Identifies and delineates a priority preservation area that:

(i) Is large enough to support normal agricultural and forestry activities in conjunction with the amount of development permitted by the county in the priority preservation area; and

(ii) Contains productive agricultural or forest soils or, where productive soils are lacking, is capable of supporting profitable agricultural and forestry enterprises;

(b) Is governed by policies, ordinances, regulations, and procedures that operate to:

(i) Stabilize the agricultural and forest land base such that development does not convert or compromise agricultural or forest resources; and

(ii) Support the ability of working farms and forests within the priority preservation area to be utilized for agricultural and forestry activities;

(c) Establishes goals consistent with Regulation .03 of this chapter for the amount and types of agricultural and forest land to be preserved in the priority preservation area, including goals to protect at least 80 percent of the remaining undeveloped acreage within the county’s priority preservation area as calculated at the time of certification of a priority preservation area;

(d) Provides the rationale used to establish the land preservation goals;

(e) Includes maps that delineate the county’s priority preservation area;

(f) Describes the priority preservation area in the context of the county’s growth management plans;

(g) Describes the ways in which the land preservation goals will be accomplished in the priority preservation area, including the county’s strategy to:

(i) Protect land from development through zoning;

(ii) Preserve the desired amount of land with permanent land preservation easements; and

(iii) Maintain a rural environment capable of supporting agricultural and forestry activities; and

(h) Describes the county’s methods and strategies to concentrate preservation funds and other supporting efforts in the priority preservation area.

Cross References

34.03.03.04B(3)(b)

34.03.03.06A(1)

34.03.03.10B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.06 Application Review and Certification.

A. The Department shall within 15 days of receipt of an application for certification of a county program:

(1) Determine whether the application includes all information required in Regulation .05D of this chapter; and

(2) If determined incomplete, send written notice to the county and the Foundation informing:

(a) That the application is incomplete; and

(b) Of the additional information needed to complete the application.

B. Within 30 days after receipt of an application determined by the Department to be complete, the Secretary shall:

(1) Determine whether to approve, approve with conditions, or disapprove the application;

(2) If disapproved, identify in writing any changes that must be made to meet certification requirements; and

(3) Forward the Secretary’s determination on the application to the Foundation.

C. Within 60 days after receipt of an application determined by the Department to be complete:

(1) The Board of Trustees of the Foundation shall review the Secretary’s action and determine whether to approve, approve with conditions, or disapprove the application;

(2) If the Board’s action is consistent with the Secretary’s action, the Department shall notify the applicant in writing whether the application is approved, approved with conditions, or disapproved; and

(3) If either the application is disapproved or the Secretary and the Board of Trustees of the Foundation do not agree upon an approval, the Department’s written notice to the applicant shall include:

(a) The reasons for disapproval or for the failure to agree upon an approval; and

(b) Instructions for resubmitting the application.

D. Notice to a county under §C of this regulation that an application is approved by the Department and the Foundation shall constitute certification of:

(1) The county program; and

(2) The county’s priority preservation area.

E. A decision or determination made under this regulation is final, is not subject to appeal, and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

34.03.03.02B(13)

34.03.03.07A(1)

34.03.03.08A

34.03.03.10A(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.07 Recertification.

A. Application for Recertification.

(1) A county that has a county program that is certified under Regulation .06 of this chapter or is recertified under this regulation may apply for recertification of the county program.

(2) The final annual report submitted in compliance with Regulation .10 of this chapter during a certification or recertification period shall serve as the county’s application for recertification.

(3) The Department shall within 15 days of receipt of a county’s final annual report for a certification or recertification period:

(a) Determine whether the report includes all information required under Regulation .10 of this chapter; and

(b) If determined incomplete, send written notice to the county and the Foundation informing:

(i) That the report is incomplete; and

(ii) Of the additional information needed to complete the report.

B. A county program may be recertified only if:

(1) During the period of certification or recertification the county has:

(a) Maintained a successful program for the purchase of development rights or of financial enhancements related to the purchase of development rights;

(b) Continued to meet the requirements of Regulation .04B of this chapter;

(c) Made reasonable progress on any recommendations or improvements identified in the county’s most recent program development strategy; and

(d) Preserved agricultural and forest land and managed subdivision and conversion of agricultural and forest land consistent with State and county goals and plans for land preservation and environmental protection; and

(2) The county met the reporting requirements under Regulation .10 of this chapter.

C. Within 30 days of receipt of a county’s final annual report for either a certification or recertification period determined by the Department to be complete, the Secretary shall:

(1) Determine whether to approve, approve with conditions, or disapprove recertification of the county program;

(2) If disapproved, identify in writing any changes that must be made to meet certification requirements; and

(3) Forward the Secretary’s determination on the recertification to the Foundation.

D. Within 60 days after receipt of a county’s final annual report for either a certification or recertification period determined by the Department to be complete:

(1) The Board of Trustees of the Foundation shall review the Secretary’s action and determine whether to approve, approve with conditions, or disapprove recertification of the county program;

(2) If the Board’s action is consistent with the Secretary’s action, the Department shall notify the applicant in writing whether the recertification is approved, approved with conditions, or disapproved; and

(3) If either the recertification is disapproved, or the Secretary and the Board of Trustees of the Foundation do not agree upon an approval, the Department’s written notice to the applicant shall include:

(a) The reasons for disapproval or for the failure to agree upon an approval; and

(b) Instructions for resubmitting an application for recertification.

E. Notice to a county under §D of this regulation that recertification is approved by the Department and the Foundation shall constitute recertification of the county program.

F. A decision or determination made under this regulation is final, is not subject to appeal, and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

34.03.03.08B(1)

34.03.03.08B(2)

34.03.03.08C

34.03.03.10A(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.08 Periods of Certification and Recertification.

A. Certification. The certification of a county program made under Regulation .06 of this chapter shall be effective to the end of the third full fiscal year that follows the date of notification under Regulation .06C of this chapter that the county’s application for certification is approved or approved with conditions.

B. Recertification.

(1) Excepted as provided in §B(2) of this regulation, a recertification of a county program made under Regulation .07 of this chapter shall be effective to the end of the third full fiscal year that follows the date of the notification under Regulation .07D of this chapter that the county’s recertification is approved or approved with conditions.

(2) If, at the time of a recertification made under Regulation .07 of this chapter, a county program is determined to be consistently effective in achieving preservation goals, the recertification of the county program shall be effective to the end of the fifth full fiscal year that follows the notification under Regulation .07D of this chapter that the county’s recertification is approved or approved with conditions.

(3) For purposes of §B(2) of this regulation, a county program shall be considered consistently effective in achieving preservation goals if the county’s program has previously been certified and recertified by the Department and the Foundation with no gap in time between the certification and recertification.

C. If a county has submitted the annual report under Regulation .10 of this chapter that serves as the county’s application under Regulation .07 of this chapter for recertification of the county program, the certification or recertification of the county program shall remain in effect until the date of notification under Regulation .07D of this chapter that the recertification is approved, approved with conditions, or denied.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.09 Effect of Certification or Recertification.

A. A county that has a county program certified or recertified under this chapter is eligible for:

(1) Funds that are available to counties as additional funds under Agriculture Article, §2-508.1, Annotated Code of Maryland, and Tax-Property Article, §13-306, Annotated Code of Maryland; and

(2) Funds provided for the Foundation over and above the funding the Foundation receives under Agriculture Article, §2-508.1, Annotated Code of Maryland, and Tax-Property Article, §§13-209 and 13-306, Annotated Code of Maryland.

B. The funds available under §A of this regulation to a county with a certified or recertified county program may be used only for:

(1) The purposes stated in or permitted under Agriculture Article, §2-508.1, Annotated Code of Maryland, or Tax-Property Article, §13-209 or 13-306, Annotated Code of Maryland;

(2) The purchase of development rights within the county’s certified priority preservation area;

(3) Direct payment to a landowner to supplement a payment made by the Foundation for the purchase of development rights;

(4) Direct payment to a landowner made in conjunction with the transfer of development rights from the landowner’s land to an area where residential development is planned;

(5) Any other direct use of funds or financial expenditures made to expedite or promote the sale or purchase of development rights for the permanent preservation of agricultural or forest land as approved by the Foundation and the Department, including payments for:

(a) Installment purchase agreements with landowners under an installment purchase agreement program approved by the Foundation;

(b) Preservation of critical farms under the Critical Farms Program established under Agriculture Article, §2-517, Annotated Code of Maryland; and

(c) The Next Generation Farmland Acquisition Program developed by the Maryland Agricultural and Resource-Based Industry Development Corporation under Article 41, Title 13, Subtitle 5, Annotated Code of Maryland, and approved by the Foundation;

(6) Costs incurred by the county to administer a certified or recertified county program, but no more than the greater of 10 percent of the county share of the agriculture land transfer tax or $30,000;

(7) Bond annuity funds for bonds issued by the county for the sole purpose of purchasing agricultural land preservation easements; and

(8) County guarantees of loans collateralized by development rights on agricultural or forest land that meet the standards established under Agriculture Article, §2-512(e), Annotated Code of Maryland.

Cross References

34.03.03.01

34.03.03.10B(1)(d)(ii)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.10 Reporting Requirements.

A. Annual Reporting Deadlines.

(1) A county that has a county program that has been certified under Regulation .06 of this chapter or recertified under Regulation .07 of this chapter shall submit to the Department and the Foundation a written report that meets the requirements of this regulation:

(a) By October 1 of the year that follows the first full fiscal year of the certification or recertification period; or

(b) By October 1 for each year of a certification or recertification period that follows the initial report made under §A(1)(a) for that certification or recertification period.

(2) If requested in writing by the county, the Department may for good cause shown grant:

(a) A first extension of the deadline under §A(1) of this regulation to December 1 of the year that the report is due; and

(b) If a first extension has previously been granted, a second extension of the deadline under §A(1) of this regulation to February 1 of the calendar year that follow the year the report is due.

(3) If a county fails to submit an annual report by the deadline under §A(1) of this regulation or as extended by the Department under §A(2) of this regulation, the certification or recertification of the county’s county plan shall expire on June 30 of the calendar year that follows the year that the report is due under §A(1) of this regulation.

B. Contents of Annual Report. An annual report shall:

(1) Include the following information verified and signed by the county’s chief financial officer or by an independent auditor:

(a) For the fiscal year reported on, an accounting of the revenues and expenditures for the county’s agricultural land transfer tax account established under Tax-Property Article, §13-306, Annotated Code of Maryland;

(b) Identification of revenue sources for, and expenditures of, all other funds used during the fiscal year to purchase development rights, provide financial enhancements for the purchase of development rights, or administer the county program;

(c) For each reported expenditure, a statement that the expenditure was:

(i) Made inside the priority preservation area or outside the priority preservation area; and

(ii) A qualifying or nonqualifying expenditure; and

(d) Using a financial reporting form available from the Department, information sufficient for the Department and the Foundation to determine if the county is:

(i) Meeting its qualifying expenditures commitment; and

(ii) Using for permitted uses the funds made available under Regulation .09B of this chapter;

(2) If for either the first annual report of a 3-year certification period or the first three annual reports of a 5-year certification period, include an inventory of properties, provided in digital and tabular format and in accordance with Regulation .05D(8) of this chapter, that identifies all properties that were permanently preserved by a land preservation easement during the reporting period; and

(3) If for the final annual report of a certification or recertification period:

(a) Include a map of all agricultural and forest lands preserved in the county, including those preserved both during and before the certification period, showing those properties in relation to priority preservation areas;

(b) Demonstrate that the county program continues to meet the certification requirements of Regulation .04B of this chapter;

(c) Describe any changes in either the county’s priority preservation area or the priority preservation area element of the local plan;

(d) Include an updated program evaluation;

(e) If the county determines in its updated program evaluation that changes are needed to the county program, include an updated program development strategy; and

(f) Provide an update on progress towards implementing the county’s most recent program development strategy.

Cross References

34.03.03.07A(2)

34.03.03.07A(3)(a)

34.03.03.07B(2)

34.03.03.08C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland
COMAR 34.03.03.11 Changes to a County Priority Preservation Area.

A. The Department and the Foundation shall review a county program if either the Department or the Foundation learn or discover during either a certification or recertification period that the county has:

(1) Revised the boundary of a priority preservation area;

(2) Subtracted land from a priority preservation area; or

(3) Adopted zoning that increases the allowable nonagricultural land uses, density, or intensity of development within a priority preservation area.

B. The Department and the Foundation may revoke the certification or recertification of a county program if the Department and the Foundation find that the action reviewed under §A of this regulation is inconsistent with the requirements of Agriculture Article, §2-518, Annotated Code of Maryland.

C. The Department and the Foundation shall notify the county of the results of its review within 90 days of discovering any program changes described §A of this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
  • Administrative History: Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
  • Administrative History: Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)
  • Administrative History: Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010
  • Administrative History: ——————
  • Administrative History: Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)
  • Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306; Annotated Code of Maryland

34.04 HISTORICAL AND CULTURAL PROGRAMS

34.04.01 Maryland Historical Trust Historic Preservation Grant Program

COMAR 34.04.01.01 General.

These regulations prescribe the policies, procedures, and authorizations for administering the Historic Preservation Grant Program and providing grants from the Historic Preservation and Historical and Cultural Museum Assistance Grant Fund of the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.02 Objective.

The objective of the Program is to provide a source of funding, including grants to local jurisdictions, nonprofit organizations, business entities, and individuals, to assist and encourage efforts to study, acquire, and preserve historic properties.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.03 Definitions.

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

B. Terms Defined.

(1) “Acquisition” means the act or process of acquiring fee title or an interest other than fee title of historic property, including the purchase or acquisition of preservation easements, leasehold estates subject to ground rents, development rights, or remainder interests.

(2) “Act” means State Finance and Procurement Article, §§5A-301 and 5A-328, Annotated Code of Maryland, as amended.

(3) “Business entity” means a corporation, association, partnership, joint venture, or other legally organized entity.

(4) “Code” means the Annotated Code of Maryland, as amended.

(5) “County” means any of the 23 counties of the State and the Mayor and City Council of Baltimore.

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

(7) “Director” means the Director of the Maryland Historical Trust.

(8) “Fund” means the Historic Preservation and Historical and Cultural Museum Assistance Grant Fund for the Program established by the Act.

(9) “Grant” means an award of financial assistance from the Fund.

(10) “Grant documents” means the grant agreement and other documents between the grantee and the Trust which evidence the terms and conditions of the grant.

(11) “Grantee” means the recipient of a grant.

(12) “Historic property” means a district, site, building, structure, monument, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, which is listed in or is eligible for listing in the Maryland Register of Historic Properties.

(13) “Local jurisdiction” means any county or municipality, and any duly authorized agency or instrumentality of the county or municipality.

(14) “Maryland Register of Historic Properties” means the register of historic properties in Maryland which is established by the Trust under State Finance and Procurement Article, §5A-323, Annotated Code of Maryland.

(15) “Municipality” means a municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution.

(16) “Nonprofit organization” means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.

(17) “Program” means the Historic Preservation Grant Program of the Trust established by the Act.

(18) “Project” means one or more of the eligible activities set forth in Regulation .05 of this chapter.

(19) “Rehabilitation” means the act or process of returning an historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features which are significant to its historical and cultural values.

(20) “Restoration” means the act or process of applying measures to sustain the existing form, integrity, and material of an historic property or of accurately recovering the form and details of an historic property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

(21) “Secretary” means the Secretary of Planning.

(22) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department.

(23) “Trustees” means the Trustees of the Maryland Historical Trust.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.04 Eligible Grantees.

A. The following are eligible to apply for grants under the Program:

(1) Nonprofit organizations;

(2) Local jurisdictions;

(3) Individuals; and

(4) Business entities, provided that the Trust may not make a grant to a business entity if the amount of the grant, when added to the aggregate amount of all grants made to business entities under the Program, will exceed 10 percent of the aggregate amount of all grants made under the Program.

B. Nonprofit organizations and business entities shall be in good standing, qualified to do business in Maryland, and shall have the legal capacity and all necessary legal authority to incur the obligations involved in the grants provided under the Program.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.05 Eligible Activities.

A. General Activities. The Trust may provide grants from the Fund to any eligible grantee for the:

(1) Acquisition of historic property;

(2) Rehabilitation of historic property; and

(3) Restoration of historic property.

B. Activities Limited to Certain Grantees. The Trust may provide grants from the Fund to an eligible grantee who is a nonprofit organization or a local jurisdiction for:

(1) Historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials.

(2) Predevelopment costs relating to an ongoing or proposed project involving the rehabilitation or restoration of historic property, which costs shall be directly associated with the historic preservation nature of the project. The following provisions apply:

(a) Predevelopment costs may include the costs of studies, surveys, tests, plans and specifications, and reasonable fees, as determined by the Director, for architectural, design, engineering, and other special services;

(b) Predevelopment costs may not include attorneys' fees, appraisal fees, insurance premiums, or other costs not directly associated with the historic preservation nature of the project;

(c) The Trust may provide grants for predevelopment costs regardless of whether the construction costs of the rehabilitation or restoration project are being financed by the Trust.

C. Trust Expenditures.

(1) The Trust may directly expend moneys from the Fund in an amount up to 25 percent of the annual allocation to the Fund for the:

(a) Acquisition of historic property;

(b) Restoration or rehabilitation of historic properties owned by the Trust, which may include predevelopment costs directly related to restoration or rehabilitation such as the cost of studies, surveys, tests, plans and specifications, and architectural design, engineering, or other special services; and

(c) Activities set forth in §B(1) of this regulation.

(2) Trust expenditures under this section for acquisition, rehabilitation, or restoration shall be for use in accordance with the Trust's authorized purposes set forth in State Finance and Procurement Article, §5A-311, Annotated Code of Maryland, or for resale or lease by the Trust subject to appropriate preservation covenants.

(3) Trust expenditures under this section are not considered grants as defined in these regulations and are governed solely by the provisions of this section, Regulation .08, of this chapter, and any other regulation or provision of law to which this section or Regulation .08 of this chapter may specifically refer.

Cross References

34.04.01.03B(18)

34.04.01.09D

34.04.01.09D(4)(a)

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.06 General Grant Allocation Procedures.

A. Application Solicitation.

(1) At least once during each fiscal year the Trust shall solicit applications for the award of grants under the Program.

(2) At least 90 days before an expected award of grants to grantees, the Trust shall issue a public announcement of the availability of funds under the Program as follows:

(a) The announcement shall consist of a description of the application process, total anticipated funding available, eligible grantees and activities, and the timetable for application submission, project selection, and grant award;

(b) The announcement may contain suggested recommendations on the types of projects to which the Trust intends to give special consideration for funding;

(c) The Trust shall endeavor to send direct mail announcements to preservation organizations statewide;

(d) The Trust shall issue a press release containing the public announcement.

(3) Applications shall be made upon standard forms prescribed by the Trust. Each application shall include sufficient information and documentation to:

(a) Evaluate the historical or cultural significance of the property;

(b) Determine the relationship of the project to the types of projects that the Trust has noted for special consideration under §A(2)(b) of this regulation;

(c) Determine the ownership and all lessees or substantial users of the property;

(d) Evaluate the current and proposed condition and use of the property;

(e) Evaluate the extent, if any, to which the proposed activity will change the type of use or increase the intensity of the existing use of the property;

(f) Evaluate the nature and cost of the proposed activity;

(g) Evaluate the readiness of the project to initiate activity and to be completed within an established time frame;

(h) Evaluate the administrative capability of the applicant and project sponsor;

(i) Determine the level of contribution by the appropriate local jurisdiction to support the project proposed to be financed; and

(j) Support other factors as determined necessary by the Trust.

(4) The Trust may require applicants for grants to pay an application fee to cover some portion of the cost of processing the grant.

(5) The Trust 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) The Trust may fund applications at levels lower than requested. Not all applicants may be funded.

B. Selection Criteria.

(1) The Trust shall review and evaluate grant applications in accordance with the following selection criteria:

(a) Relative historical or cultural significance of the resource to be treated;

(b) Urgency of the need for financial assistance for the project;

(c) If applicable, the project's degree of relationship to the types of projects that the Trust has noted for special consideration under §A(2)(b) of this regulation;

(d) Extent to which the project will contribute to the cumulative equitable Statewide geographic distribution of funds based on the concentration of historic properties;

(e) Inclusion of long term preservation measures that will protect the resource to be treated;

(f) Comprehensiveness of the scope of the project;

(g) Administrative capability of the applicant and project sponsor;

(h) Extent to which the project stimulates or promotes other historic preservation activities;

(i) Informational and educational value of the project;

(j) Demonstration and innovation value of the project;

(k) Extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project proposed to be financed;

(l) Readiness of the project to initiate activity and to be completed within an established time frame; and

(m) Additional criteria which the Trust considers to be appropriate.

(2) The Trust may assign differing weights to the criteria set forth in §C(1) of this regulation and the weights may vary from time to time.

Cross References

34.04.01.07B

34.04.01.09A(2)

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.07 Emergency Grant Procedures.

A. In any fiscal year, the Secretary may allocate up to 20 percent of the total moneys available in the Fund to be held in reserve for emergency project grants for projects that qualify as eligible activities under Regulation .05A and B of this chapter and have arisen generally because of one or more of the following circumstances:

(1) An unpredictable or unforeseen situation has occurred which may necessitate an immediate need for historic preservation activities; or

(2) The project is one which provides a special opportunity to engage in historic preservation activities within a narrow time frame.

B. Applicants for emergency project grants shall file an application in accordance with Regulation .06A(3) of this chapter; however, the remaining procedures set forth in Regulation .06 of this chapter, are not applicable.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.08 Approvals.

A. Departmental Approval.

(1) After analysis by the Trust staff, the Trustees shall review each proposed expenditure from the Fund, including the general terms of the expenditure as well as any special terms and conditions for the project.

(2) The Trustee's recommendations with regard to expenditures shall be forwarded to the Secretary.

(3) Upon receipt of the recommendations, the Secretary shall approve or disapprove each expenditure.

B. Board of Public Works Approval. The Secretary shall submit to the Board of Public Works for final approval action:

(1) All Trust direct expenditures under Regulation .05D of this chapter, for acquisition, rehabilitation, or restoration; and

(2) Grants, emergency project grants, and Trust direct expenditures for education and promotion which are to be funded with the proceeds of a sale of State general obligation bonds.

C. Inapplicable Provisions. Grants, emergency project grants, and Trust direct expenditures submitted to the Board of Public Works in accordance with §B(2) of this regulation are not subject to the provisions of the State Finance and Procurement Article, Titles 4 and 5, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.

D. Rejection and Reconsideration.

(1) If the Trustees determine not to recommend approval of a project for a grant or if the Secretary does not approve a grant, the Trust shall issue a written notice of rejection.

(2) Applicants may request reconsideration of a rejection made by the Trustees by submitting a written request to the Director which is received within 30 days following the date of the Trust's rejection notice. The Director shall respond in writing either within 30 days of receipt by the Trust of the request for reconsideration or within 5 days of the next Trustees' meeting, whichever occurs later. The Secretary shall take final action regarding any applicant's request for reconsideration of the Director's response.

(3) If the Secretary disapproves a grant recommended by the Trustees, the Secretary's decision is final.

(4) A decision or reconsideration of a decision is not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland.

Cross References

34.04.01.05C(3)

34.04.01.12

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.09 Grant Terms and Conditions.

A. Matching Requirements.

(1) Grants to local jurisdictions, business entities, and individuals require a match in an amount at least equal to the grant. The match shall consist of either cash or an equivalent dollar value of an in-kind contribution to the project which is acceptable to the Trust.

(2) In its discretion the Trust may require a match in the case of grants to nonprofit organizations. The matching requirement, if any, shall be specified in the appropriate public announcement of funds referred to in Regulation .06A(2) of this chapter and the contents of the match shall conform with the requirements in §A(1) of this regulation.

(3) The matching requirement in §A(1) and (2) of this regulation may be modified or waived by the Secretary if the Secretary has issued a written determination that the matching requirement is impracticable or infeasible under the circumstances.

B. Grant Disbursement. Disbursement will be made as the project progresses based upon requests for disbursement submitted by the grantee in a form satisfactory to the Trust.

C. Expenditure Rate. The Trust may:

(1) Cancel the grant and withhold any funds not yet disbursed if the grantee has not expended all grant funds within 24 months of the effective date of the grant documents, and the grant documents may prescribe a shorter period of time if the circumstances of the project warrant it;

(2) Extend the time limit if the grantee demonstrates that the circumstances warrant extension, such as an inability to satisfy the time limit because of circumstances beyond the grantee's control.

D. Requirements for Site-Specific Projects. Except for education and promotion grants under Regulation .05B(1) of this chapter, grants shall have the following additional requirements:

(1) Deeds of Easement and Preservation Agreements.

(a) If the historic property assisted by the grant is real property, the grantee and the owner of the real property, if the owner is not the grantee, shall convey to the Trust a deed of easement containing preservation covenants applicable to the real property in form, substance, and duration satisfactory to the Trust, which shall be recorded in the land records of the political subdivision in which the real property is situated.

(b) A deed of easement conveyed pursuant to §D(1)(a) of the regulation may contain conditional lien provisions and other provisions which require reimbursement of the grant if the encumbrance of the deed of easement is extinguished by the foreclosure of a prior lien or otherwise or if the deed of easement is determined not to be legally enforceable by the Trust for any reason.

(c) If the historic property assisted by the grant is other than real property, the grantee and the owner of the historic property, if the owner is not the grantee, shall enter into an agreement with the Trust to preserve and maintain the historic property in such manner and duration as is acceptable to the Trust.

(d) The preservation agreement or deed of easement requirements set forth in §D(1)(a) and (c) of this regulation may be modified or waived by the Secretary if the Secretary determines that such an agreement or easement is impracticable under the circumstances.

(e) The requirement in §D(1)(a) of this regulation that a deed of easement be conveyed by a property owner if the owner is not the grantee may be modified or waived by the Director, as necessary, if the subject property is long-term leasehold property.

(2) Title Certificate. The Trust, in its discretion, may require the grantee to provide an attorney's certificate of title, acceptable to the Trust, certifying title to the real property on which the improvements are located. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust.

(3) Insurance. The grantee shall cause the assisted historic property to be insured against loss or damage by fire and other hazards, casualties, and contingencies as may be required from time to time by the Trust in amounts satisfactory to the Trust.

(4) Rehabilitation and Restoration Projects.

(a) The plans and specifications for rehabilitation and restoration projects and, if applicable, predevelopment cost projects under Regulation .05B(2) of this chapter shall be subject to review and approval by the Trust.

(b) Projects shall conform to standards for acquisition, rehabilitation, and restoration established by the Trust as well as any other applicable standards and requirements established by the Trust.

(c) The Trust shall inspect ongoing rehabilitation and restoration projects during construction to ensure the grantee's conformance with the standards established by the Trust.

E. Other Requirements. The Trust may establish other terms and conditions in the grant documents as considered reasonable and necessary by the Trust.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.10 Grantee Administration.

A. Books, Accounts, and Records.

(1) Grantees, contractors, and subcontractors shall maintain those books, accounts, and records and shall file with the Trust those financial and other reports as the Trust may from time to time require. All of these books, accounts, and records shall be open to the inspection of representatives of the Trust or other agencies of the State during reasonable working hours before, during, or after the period of time during which the grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Trust upon request.

(2) Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection up to 3 years after either the date of grantee's final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later.

B. Reports. Grantees shall submit a final report, and interim reports as may be required by the Trust, documenting project progress and evaluating project effectiveness.

C. Nondiscrimination.

(1) A grantee may not discriminate on the basis of age (except with respect to residents in elderly projects), race, color, religion, national origin, sex, marital status, or physical or mental handicap in leasing or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project financed or assisted under the Program, or in any aspect of employment by any grantee, developer, or contractor of any project financed under the Program.

(2) Each grantee shall comply with all applicable federal, State, and local laws and departmental policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices including:

(a) Titles VI and VII of the Civil Rights Act of 1964, as amended;

(b) Title VIII of the Civil Rights Act of 1968, as amended;

(c) The Governor's Code of Fair Practices, as amended; and

(d) The Department's Minority Business Enterprise Program, as amended, if the grantee does not have its own minority business participation program which is acceptable to the Trust and the Department.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.11 Program Administration.

A. Except for waivers, any action or decision required or permitted to be taken or made by the Trust under these regulations may be taken or made by the Director of the Trust, or his designee.

B. The Trust may terminate a grant or refuse to make additional disbursements under the grant documents if it finds that the grantee is not complying with any of the requirements of the Program or the grant documents.

C. The Trust may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.12 Waiver.

Except for Regulation .08B of this chapter relating to Board of Public Works approval, the Secretary may waive or vary particular provisions of these regulations if:

A. The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

B. In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.01.13 False Statements.

A. A person may not knowingly make or cause to be made any material misstatement of fact, including an understatement or overstatement of financial condition, in a statement or report in or regarding an application for a grant or affecting a grant already made.

B. A person who violates any provision of this regulation is:

(1) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years, or both; and

(2) Subject to immediate cancellation and reimbursement of the grant.

History

  • Administrative History: Effective date: December 8, 1976 (3:25 Md. R. 1465)
  • Administrative History: Chapter revised effective June 22, 1977 (4:13 Md. R. 1030)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.03.01 to COMAR 05.08.01
  • Administrative History: ——————
  • Administrative History: Chapter, Maryland Historical Trust: Notification Procedures for Nomination to the National Register, repealed effective November 14, 1988 (15:23 Md. R. 2657)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13, Maryland Historical Trust Historic Preservation Grant Program, adopted effective May 14, 1990 (17:9 Md. R. 1087)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 539); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06A amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.01 to COMAR 34.04.01
  • Administrative History: Regulation .05 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .08B amended effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .09D amended effective March 25, 2019 (46:6 Md. R. 347)
  • Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-328, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04

34.04.02 Maryland Historical Trust Historic Preservation Loan Program

COMAR 34.04.02.01 General.

These regulations prescribe the policies, procedures, and authorizations for administering the Historic Preservation Loan Program and providing loans from the Historic Preservation Loan Fund of the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning. These regulations prescribe the policies, procedures, and authorizations for administering the Historic Preservation Loan Program and providing loans and transfers from the Historic Preservation Loan Fund of the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.02 Objective.

The objective of the Program is to provide a source of funding to assist and encourage efforts to acquire and preserve historic properties, including loans to local jurisdictions, nonprofit organizations, business entities, and individuals, and transfers to qualified cooperating nonprofit organizations.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.03 Definitions.

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

B. Terms Defined.

(1) “Acquisition” means the act or process of acquiring fee title or an interest other than fee title of historic property, including the purchase or acquisition of preservation easements, leasehold estates subject to ground rents, development rights, or remainder interests.

(2) “Act” means State Finance and Procurement Article, §§5A-301 and 5A-327, Annotated Code of Maryland, as amended.

(3) “Administrative costs” means indirect costs for common or joint objectives that cannot be readily identified with an individual project, including a transferee’s costs of day-to-day general operations associated with carrying out a transfer and restoring or rehabilitating historic properties owned by a transferee for resale or lease.

(4) “Borrower” means an applicant who receives a loan through the Program.

(5) “Business entity” means a corporation, association, partnership, joint venture, or other legally organized entity.

(6) “Code” means the Annotated Code of Maryland, as amended.

(7) “Department” means the Department of Planning.

(8) “Director” means the Director of the Maryland Historical Trust.

(9) “Expenditure” means a disbursement of money from the Fund to the Trust for the acquisition of historic property or the restoration or rehabilitation of historic properties owned by the Trust.

(10) “Fund” means the Historic Preservation Loan Fund for the Program established by the Act.

(11) “Historic property” means a district, site, building, structure, monument, or object that is significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, and which, for loans only, is listed in or is eligible for listing in the Maryland Register of Historic Properties.

(12) “Loan” means the disbursement of a loan from the Fund.

(13) “Loan documents” means the note, loan agreement, and other documents between the borrower and the Trust which evidence the terms and conditions of the loan.

(14) “Local jurisdiction” means any of the 23 counties of the State of Maryland, the City of Baltimore, any municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution, and any duly authorized agency or instrumentality of a local jurisdiction.

(15) “Maryland Register of Historic Properties” means the register of historic properties in Maryland which is established by the Trust under State Finance and Procurement Article, §5A-323, Annotated Code of Maryland.

(16) “Nonprofit organization” means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.

(17) “Preparation costs” has the meaning stated in State Finance and Procurement Article, §5A-322, Annotated Code of Maryland, as amended.

(18) “Program” means the Historic Preservation Loan Program of the Trust established by the Act.

(19) “Programmatic expenses” means direct costs, excluding preparation costs, that can be specifically identified with the process of developing and implementing a subloan program, or a program for acquiring and rehabilitating historic properties for resale or lease, with the proceeds of a transfer.

(20) “Project” means one or more of the eligible activities set forth in Regulation .05 of this chapter.

(21) “Qualified cooperating nonprofit organization” means a nonprofit organization in good standing with the State Department of Assessments and Taxation that:

(a) Is based in the State;

(b) Operates Statewide; and

(c) Has demonstrated experience in:

(i) Rehabilitating historic structures;

(ii) Managing preservation funds; and

(iii) Holding preservation easements.

(22) “Rehabilitation” means the act or process of returning an historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features which are significant to its historical and cultural values.

(23) “Restoration” means the act or process of applying measures to sustain the existing form, integrity, and material of an historic property or of accurately recovering the form and details of an historic property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

(24) “Secretary” means the Secretary of Planning.

(25) “State Historic Preservation Officer” means the individual who administers the State Historic Preservation Program in the State under the provisions of the National Historic Preservation Act of 1966.

(26) “Subloan” means a transferee’s disbursement of the proceeds of a transfer as a loan under Regulation .05C(1)(d) and (e) of this chapter.

(27) “Transfer” means a disbursement of money from the Fund to a qualified cooperating nonprofit organization for one or more of the purposes identified in Regulation .05C(1)(a)—(c) of this chapter.

(28) “Transferee” means a qualified cooperating nonprofit organization that applies for and receives a transfer through the Program.

(29) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department.

(30) “Trustees” means the Trustees of the Maryland Historical Trust.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.04 Eligible Applicants.

A. Eligible Loan Applicants. The following are eligible borrowers under the Program:

(1) Nonprofit organizations;

(2) Local jurisdictions;

(3) Business entities; and

(4) Individuals.

B. Eligible Transfer Applicants. To be eligible for a transfer, an applicant shall be a qualified cooperating nonprofit organization.

C. To be eligible for a loan or transfer under the Program, nonprofit organizations and business entities shall be in good standing, registered or qualified to do business in Maryland, and shall also have the legal capacity and all necessary legal authority to incur the obligations involved in the loans and transfers provided under the Program.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.05 Eligible Activities.

A. Loans. The Trust may provide loans from the Fund to an eligible borrower for:

(1) Acquisition of historic property;

(2) Rehabilitation of historic property;

(3) Restoration of historic property;

(4) Refinancing of historic property; and

(5) Preparation costs that are directly related to work required or recommended by the Trust or the State Historic Preservation Officer through the review of a construction project in the State under Section 106 of the National Historic Preservation Act of 1966, as amended, or State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, provided that the:

(a) Term of the loan may not exceed 24 months; and

(b) Borrower has evidence of permanent financing to serve as the source of repayment of the loan.

B. Trust Expenditures.

(1) The Trust may directly expend moneys in an amount up to 50 percent of those moneys available in the Fund which are derived from repayments or prepayments of loans made from the Fund or the proceeds from the resale or lease of any properties originally acquired with moneys from the Fund for the:

(a) Acquisition of historic property; and

(b) Restoration or rehabilitation of historic properties owned by the Trust, which may include preparation costs.

(2) Trust expenditures under this section for acquisition, rehabilitation, or restoration shall be for use in accordance with the Trust's authorized purposes set forth in State Finance and Procurement Article, §5A-311, Annotated Code of Maryland, or for resale or lease by the Trust subject to appropriate preservation covenants.

(3) Trust expenditures under this section are not considered loans as defined in these regulations and are governed solely by the provisions of this section, Regulation .07 of this chapter, and any other regulation or provision of law to which this section or Regulation .07 of this chapter may specifically refer.

C. Transfers.

(1) The Trust may provide transfers from the Fund to a transferee:

(a) To pay for the transferee to acquire historic properties or interests in historic properties for resale or lease;

(b) To pay costs, including preparation costs, directly related to the rehabilitation or restoration of historic properties owned by the transferee for resale or lease;

(c) To pay administrative costs incurred to restore or rehabilitate historic properties owned by the transferee for resale or lease, to the extent permitted under Regulation .08D(3) of this chapter;

(d) To make subloans to other nonprofit organizations, political subdivisions, and business entities to acquire, rehabilitate, restore, or refinance historic properties;

(e) To make subloans to individuals to rehabilitate or restore historic properties recognized by the National Park Service as national historic landmarks; or

(f) To pay necessary administrative costs and programmatic expenses associated with the transfer of funds, to the extent permitted under Regulation .08D(3) of this chapter.

(2) Transfers under this section are not considered loans as defined in these regulations.

Cross References

34.04.02.03B(20)

34.04.02.07B(2)

34.04.02.08A(4)

34.04.02.08A(9)(a)

34.04.02.08D(6)(a)

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.06 Application and Processing Procedures.

A. Application Solicitation. Each fiscal year the Trust will solicit applications for loans and transfers through the issuance of a public announcement of the availability of funds under the Program. The Trust shall post the announcement on its website and issue a press release containing the announcement.

B. Funds Allocation. It is the intent of the Trust that Program funds be distributed Statewide. Funds shall be loaned or transferred based upon the satisfaction of application requirements and selection criteria contained in this regulation. If an application is submitted but funding is not then available under the Program, the Trust in its discretion may continue to process the application until such time as funding is available and then may authorize the loan or transfer without the necessity of a new application.

C. Application Forms and Documentation. Applications shall be made on standard forms prescribed by the Trust.

(1) Each loan application shall include sufficient information and documentation to:

(a) Evaluate the historical or cultural significance of the property;

(b) Determine the ownership and all lessees or substantial users of the property;

(c) Evaluate the current and proposed condition and use of the property, and the extent, if any, to which the proposed activity will change the type of use or increase the intensity of the existing use of the property;

(d) Evaluate the nature and cost of the proposed activity;

(e) Evaluate the income and repayment capability of the applicant;

(f) Evaluate the readiness of the project to initiate activity and to be completed within an established time frame;

(g) Evaluate the administrative capability of the applicant;

(h) Determine the level of contribution by the appropriate local jurisdiction to support the project proposed to be financed; and

(i) Support such other factors as determined necessary by the Trust.

D. Selection Criteria. The Trust shall review and evaluate loan and transfer applications in accordance with the following selection criteria:

(1) Relative historical or cultural significance of the resource to be treated;

(2) Urgency of the need for financial assistance for the project;

(3) Extent to which the project will contribute to the cumulative equitable Statewide geographic distribution of funds based on the concentration of historic properties;

(4) Comprehensiveness of the scope of the project;

(5) Readiness of the project to initiate activity and to be completed within an established time frame;

(6) Administrative, professional, and financial capability of the applicant;

(7) Extent to which the project stimulates or promotes other historic preservation activities;

(8) Informational and educational value of the project;

(9) Demonstration and innovation value of the project;

(10) Extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project proposed to be financed; and

(11) Additional criteria which the Trust considers to be appropriate.

E. Loan Processing Fee. The Trust may require applicants for loans to pay a fee to cover a portion of the cost of processing the loan.

F. Notification Letter. Upon receipt of all documentation necessary to assess the feasibility of a project, the Trust shall issue a written notification letter to the applicant, which will detail conditions which shall be met in order for the Trust to recommend approval of a loan or transfer to the Trustees and the Secretary.

G. Commitment Letter. After the approval process in Regulation .07 of this chapter has been satisfied, the Director is authorized to issue a commitment letter for:

(1) An approved loan setting forth the amount of the loan and the terms and conditions under which it shall be made; or

(2) An approved transfer setting forth the total amount of the transfer, the amount of the transfer that is funded with the proceeds of a sale of State general obligation bonds, and the terms and conditions under which the transfer shall be made.

H. Expiration of Commitment.

(1) The Trust shall specify in the loan commitment letter a time limit within which the closing on the loan and recording of the loan documents shall occur, which time limit may be extended in the Trust’s sole discretion.

(2) The Trust shall specify in the transfer commitment letter a time limit within which the transferee shall sign and return the transfer document, which time limit may be extended in the Trust’s sole discretion.

(3) If the loan or transfer documents are not executed and returned to the Trust by the date stated in the commitment letter, the commitment shall expire and the Trust may withdraw the funds committed to the project and use them for any other project authorized by the Act.

I. Rejection of Applications.

(1) If the Trustees determine not to recommend approval of a loan or transfer, or if the Secretary does not approve a loan or transfer, the Trust shall issue a written notice of rejection.

(2) Applicants may request reconsideration of a rejection made by the Trustees by submitting a written request to the Director which is received within 30 days following the date of the Trust's rejection notice. The Director shall respond in writing either within 30 days of receipt by the Trust of the request for reconsideration or within 5 days of the next Trustees' meeting, whichever occurs later. The Secretary shall take final action regarding any applicant's request for reconsideration of the Director's response.

(3) If the Secretary disapproves a loan or transfer recommended by the Trustees, the Secretary’s decision is final.

(4) A decision or reconsideration of a decision is not a contested case within the meaning of the State Government Article, §10-201 et seq., Annotated Code of Maryland.

J. Withdrawal of Application.

(1) An applicant for a loan may withdraw an application at any time before closing of the loan by written notice to the Trust. The applicant shall bear any costs incurred, including, but not limited to, title examinations, credit reports, and appraisals.

(2) An applicant for a transfer may withdraw an application at any time before funds have been transferred.

K. Inspections. The Trust may conduct inspections of the historic property as set forth below:

(1) Initial Inspections. Upon receipt of an application the Trust may conduct an initial inspection to determine the condition of the historic property and whether the proposed activities are eligible.

(2) Payment and Progress Inspections. The Trust may conduct periodic inspections during the construction of the project to:

(a) Ensure that activities are eligible, or that work is conducted in a satisfactory manner;

(b) Ensure conformance with any applicable standards established by the Trust, including, without limitation, the standards for acquisition, rehabilitation, and restoration referred to in Regulation .08A(9) of this chapter; and

(c) Verify percentage of completed work before releasing draws.

L. Loan Closing. The closing of the loan shall be scheduled at a time and place acceptable to the borrower, the Trust, and the Offices of the Attorney General.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.07 Approvals.

A. Departmental Approval.

(1) After analysis by the Trust staff, the Trustees shall review each proposed loan, transfer, or expenditure from the Fund, including the general terms of the disbursement as well as any special terms and conditions for the project.

(2) The Trustee’s recommendations with regard to disbursements shall be forwarded to the Secretary.

(3) Upon receipt of the recommendations the Secretary shall approve or disapprove each disbursement.

B. Board of Public Works Approval. The Secretary shall submit to the Board of Public Works for final approval action:

(1) Loans or transfers which are to be funded with the proceeds of a sale of State general obligation bonds; and

(2) All expenditures under Regulation .05B(1) of this chapter for acquisition, restoration, or rehabilitation.

C. Inapplicable Provisions. Loans and transfers submitted to the Board of Public Works for approval in accordance with §B(1) of this regulation are not subject to the provisions of the State Finance and Procurement Article, Titles 4 and 5, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.

Cross References

34.04.02.05B(3)

34.04.02.06G

34.04.02.12

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.08 Terms and Requirements for Loans and Transfers.

A. General Requirements for Loans. Loans shall meet the following requirements:

(1) Maximum Loan Amount. The Trust shall establish a maximum loan amount for any proposed project proportionate to the value of the historic property to be assisted less any preexisting indebtedness secured by the historic property.

(2) Interest Rate.

(a) From time to time, the Trust shall establish interest rates in accordance with State Finance and Procurement Article, §5A-327(i)(1)(iv), Annotated Code of Maryland.

(b) Interest rates may be preferred in relation to rates for other loans made at the time if:

(i) The borrower is a nonprofit organization or a local jurisdiction; or

(ii) Upon conclusion of any scheduled restoration or rehabilitation of the historic property, it will be occupied in whole or in part by individuals or families of limited income as determined by the Secretary of Housing and Community Development under Housing and Community Development Article, §4-212, Annotated Code of Maryland.

(3) Insurance. The borrower shall cause the assisted historic property to be insured against loss or damage by fire and other hazards, casualties, and contingencies as may be required from time to time by the Trust in amounts satisfactory to the Trust, as described in §C of this regulation.

(4) Term. Except as otherwise provided in Regulation .05A(5)(a) of this chapter regarding loans for preparation costs, the term of each loan may not exceed 20 years.

(5) Loan Repayment.

(a) Except as otherwise provided in §A(5)(b) of this regulation, a single monthly payment shall be charged which shall be applied to expenses, when applicable, interest, and principal in that order.

(b) At the discretion of the Trust, interest and principal repayments may be deferred in accordance with the terms and provisions of the loan documents.

(6) Late Charge. The Trust may impose late charges, as permitted by law.

(7) Security.

(a) Loans from the Trust may be secured, at the discretion of the Trust, by collateral acceptable to the Trust; and

(b) Collateral acceptable to the Trust may include:

(i) A cash escrow;

(ii) A letter of credit;

(iii) A pledge of depository accounts;

(iv) A pledge of accounts receivable;

(v) An assignment of income;

(vi) A security interest in machinery and equipment;

(vii) A mortgage or deed of trust on the historic real property assisted by the loan;

(viii) A mortgage or deed of trust on other real property satisfactory to the Trust; or

(ix) Guarantees of repayment from guarantors acceptable to the Trust.

(8) Preservation Agreement. The borrower, and the owner of the assisted historic property if the owner is not the borrower, shall enter into an agreement with the Trust to preserve and maintain the historic property in such manner and for such duration as is acceptable to the Trust.

(9) Plans and Specifications.

(a) The plans and specifications for borrower’s rehabilitation and restoration projects under Regulation .05A(2) and (3) of this chapter or for a preparation cost project under Regulation .05A(5) of this chapter shall be subject to review and approval by the Trust.

(b) All work carried out on projects shall comply with:

(i) The Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR Part 68); and

(ii) Standards for acquisition, rehabilitation, and restoration established by the Trust as well as any other applicable standards and requirements established by the Trust.

(10) Disbursement. Disbursement of loan funds will be made as the project progresses based upon requests for disbursement submitted by the borrower in a form satisfactory to the Trust.

(11) Modification of Loan. In order to facilitate the successful completion or operation of a project, the Trust may modify:

(a) The rate of interest;

(b) The time or amount of payment; or

(c) Any other term of a loan.

(12) Acceleration of Loan. In accordance with the terms of the loan documents, the Trust may accelerate the payment of the entire principal and interest due if the:

(a) Borrower defaults on the loan;

(b) Encumbrance of the deed of easement referred to in §C(5) of this regulation is extinguished by the foreclosure of a prior lien or otherwise; or

(c) Deed of easement referred to in §C(5) of this regulation or the preservation agreement referred to in §A(8) of this regulation is determined not to be legally enforceable by the Trust for any reason.

(13) Change of Ownership. The borrower may not sell, cease to own, assign, transfer, or dispose of all or any portion of the historic property during the term of the loan without the prior written consent of the Trust.

(14) Prepayment Penalty. The Trust may not charge a prepayment penalty.

(15) Other Requirements. The Trust may establish other terms and conditions in the loan documents as considered reasonable and necessary by the Trust.

B. Deferred Loan Requirements. In addition to the conditions and requirements of §A of this regulation, deferred loans shall meet the following additional requirements:

(1) The loan term may provide for deferred payments of either principal or interest or of both principal and interest.

(2) The deferred terms shall provide for repayment of deferred amounts at the maturity date or any earlier date established by the Trust, or upon any sale or other transfer of the real property securing a loan, or any sale or other transfer of an interest in such real property. The Trust may, but need not, charge interest on deferred interest payments.

C. Real Property Requirements for Loans. In addition to the conditions and requirements of §§A and B of this regulation, when real property secures or is assisted by the loan, the loan shall meet the following requirements:

(1) Mortgage or Deed of Trust.

(a) A mortgage or deed of trust on real property securing a loan shall be recorded in the land records of the political subdivision in which the real property is situated.

(b) The mortgage or deed of trust may be subordinate to other recorded mortgage liens, provided that the Trust and the other mortgagee or mortgagees give any required consents.

(2) Property, Liability, and Other Insurance.

(a) The borrower shall provide evidence that the borrower, the property owner if borrower is not the property owner, and contractors, have obtained and continues to maintain the following insurance, as required by the Trust:

(i) Owner's liability;

(ii) Contractor's liability; and

(iii) Owner's property or hazard, or builder's risk.

(b) All insurance required under this section shall:

(i) Be written by a company registered with the Maryland Insurance Administration, or a company approved by the Trust in the event the property and company are located out-of-State;

(ii) Be in force at or before the time of loan closing;

(iii) Not be terminable without prior notification to the Trust; and

(iv) Contain such other terms and coverage satisfactory to the Trust.

(c) Owner's liability insurance shall:

(i) Name the Trust as an additional insured; and

(ii) Remain in force for the duration of the loan.

(d) Contractor's liability insurance shall:

(i) Name the Trust as an additional insured; and

(ii) Remain in place through completion of construction the project or such later date as the Trust may require.

(e) Owner's property or hazard insurance and builder's risk insurance shall:

(i) Name the Trust as an additional insured, loss payee, and mortgagee; and

(ii) Remain in force for the duration of the loan.

(3) Title Insurance.

(a) The Trust may require the borrower to provide a standard American Land Title Association Loan Policy — 2021, as amended, which shall:

(i) Be issued by a title insurance company acceptable to the Trust;

(ii) Be issued in an amount equal to the maximum principal amount of the loan;

(iii) Insure the Trust as additional insured and mortgagee;

(iv) Evidence that title to the real property on which the improvements are located is, as of the date of closing, vested in the borrower;

(v) Contain only exceptions and encumbrances approved by the Trust; and

(vi) Not include exceptions for survey matters, general or blanket exceptions, materialman’s liens or for taxes or assessments that are due and payable as of the date of closing.

(b) In its discretion the Trust may require the borrower to provide an attorney’s certificate of title or other evidence of title acceptable to the Trust, which:

(i) Establishes that title to the real property on which the improvements are located is as of the date of closing, vested in the borrower;

(ii) May contain only exceptions and encumbrances approved by the Trust; and

(iii) May not include exceptions for survey matters, general or blanket exceptions or materialman’s liens or for taxes or assessments that are due and payable as of the date of closing.

(4) Appraisals. The Trust, in its discretion, may require:

(a) An appraisal of the assisted historic real property that secures a loan, showing the property's value after completion of any scheduled restoration or rehabilitation; or

(b) An appraisal of other real property that secures a loan, showing the property has sufficient value, taking into account all senior liens, to secure the lien at an 80 percent loan to value ratio.

(5) Deed of Easement.

(a) If the real property assisted by the loan is historic property, the borrower and the owner of the real property, if the owner is not the borrower, shall convey to the Trust a deed of easement containing preservation covenants applicable to the real property, in form, substance, and duration satisfactory to the Trust, which shall:

(i) Be recorded in the land records of the political subdivision in which the real property is situated;

(ii) Satisfy the preservation agreement requirement of §A(8) of this regulation.

(b) The preservation agreement or deed of easement requirements set forth in §§A(8) and C(5)(a) of this regulation may be modified or waived by the Secretary if the Secretary determines that such an agreement or easement is impracticable under the circumstances.

(c) The requirement in §C(5)(a) of this regulation that a deed of easement be conveyed by a property owner if the owner is not the borrower may be modified or waived by the Director, as necessary, if the subject property is long-term leasehold property.

D. General Requirements for Transfers. Transfers shall meet the following requirements:

(1) A transferee receiving a transfer from the Trust to make one or more subloans, in consultation with the Director, shall adopt appropriate guidelines to carry out the purposes enumerated in Regulation .05C(d) and (e) of this chapter.

(2) A transferee shall make the following information about subloans available on its website:

(a) The guidelines established under §D(1) of this regulation;

(b) The availability of funds; and

(c) Information on projects receiving financial assistance from a transfer.

(3) Use of Transfers for Administrative Costs and Programmatic Expenses.

(a) A transfer may be used to pay:

(i) Eligible administrative costs; and

(ii) Eligible programmatic expenses.

(b) The administrative costs and programmatic expenses of transferee’s staff who perform both administrative and programmatic functions shall be allocated between the two different expense types and evidenced by accurate time reports.

(c) Administrative costs and programmatic expenses may not be paid with any portion of a transfer that consists of State general obligation bond funds.

(d) Administrative costs and programmatic expenses may be paid with any portion of a transfer that consists of special funds if:

(i) The administrative costs and programmatic expenses are related to the restoration or rehabilitation of historic properties owned by the transferee for resale or lease, or are necessary to carry out the transfer of funds; and

(ii) The total administrative costs and programmatic expenses do not exceed 10 percent of the portion of a transfer that consists of special funds.

(4) Insurance.

(a) A transferee shall cause historic property that it acquires, restores, or rehabilitates for resale or lease with transfer funds to be insured against loss or damage by fire and other hazards, casualties, and contingencies through a policy that complies with the requirements set out in §C(2)(b) of this regulation.

(b) A transferee whose project involves the operation of a preservation loan fund program may be required to carry director and officer liability or employee dishonesty insurance policies, satisfactory to the Trust, which cover all individuals responsible for the security and control of the transfer.

(5) Deed of Easement. The transferee, as a condition of the sale or lease of historic property that it has acquired, restored, or rehabilitated with proceeds of a transfer, shall require the purchaser or lessee to:

(a) Enter into a preservation agreement with the transferee, or another entity approved by the Trust, to preserve and maintain the historic property in such manner and for such duration as is acceptable to the Trust; or

(b) Convey to the transferee, or another entity approved by the Trust, a deed of easement containing preservation covenants applicable to the real property, in form, substance, and duration satisfactory to the Trust, which shall be recorded in the land records of the political subdivision in which the real property is located.

(6) Plans and Specifications.

(a) The plans and specifications for projects involving a transferee’s rehabilitation and restoration of its own property for resale or lease funded under Regulation .05C(1)(b) of this chapter, including preparation costs, shall be subject to review and approval by the Trust.

(b) All work carried out on projects involving a transferee’s rehabilitation and restoration of its own property for resale or lease shall:

(i) Comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR Part 68); and

(ii) Conform to standards for acquisition, rehabilitation, and restoration established by the Trust as well as any other applicable standards and requirements established by the Trust.

(7) Maximum Transfer Amount. The Trust shall establish a maximum transfer amount for any proposed project, including a maximum transfer amount proportionate to the value of any historic property to be assisted by a transfer, less any preexisting indebtedness secured by the historic property.

(8) Disbursement. Disbursement of a transfer will be made as a one-time disbursement based upon a request for disbursement submitted by the transferee in a form satisfactory to the Trust.

(9) Appraisals. For transfers to acquire, restore, or rehabilitate historic property, the Trust, in its discretion, may require an appraisal of the assisted historic real property, showing the property’s value after completion of any scheduled restoration or rehabilitation.

(10) Other Requirements. The Trust may establish other terms and conditions of the transfer, including disbursement requirements and default and remedy provisions, as considered reasonable and necessary by the Trust.

Cross References

34.04.02.05C(1)(c)

34.04.02.05C(1)(f)

34.04.02.06K(2)(b)

34.04.02.09B(2)

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.09 Administration of Loans and Transfers.

A. Books and Records.

(1) Borrowers, contractors, subcontractors, and transferees shall maintain those books, accounts, and records and shall file with the Trust those financial and other reports as the Trust may from time to time require. All of these books, accounts, and records shall be open to the inspection of representatives of the Trust or other agencies of the State during reasonable working hours before, during, or after the term of the loan or transfer. Borrowers and transferees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Trust upon request before, during, or after the term of the loan or transfer.

(2) Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for up to 3 years after:

(a) With respect to loans, either the date of the borrower’s final draw of loan proceeds or the termination of the contractual relationship between the contractor and the borrower, whichever is later; or

(b) With respect to transfers, the date of the transfer.

B. Reports.

(1) Borrowers shall submit a final report, interim reports, and supporting materials as may be required by the Trust, documenting project progress and evaluating project effectiveness.

(2) On or before June 30 each year, a transferee shall provide an annual report to the Trust outlining all funds transferred to it, describing how proceeds of a transfer were expended, and confirming that the funds were used for their intended purpose and in compliance with Regulation .08D of this chapter. The annual report shall distinguish between administrative costs and programmatic expenses.

(3) At the Trust’s request, a transferee shall provide a copy of the organization’s annual financial review or audit.

C. Nondiscrimination.

(1) Borrowers and transferees may not discriminate on the basis of age (except with respect to residents in elderly projects), race, color, religion, ancestry or national origin, sex, marital status, familial status, sexual orientation, gender identity, disability, or source of income in leasing or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project financed or assisted under the Program, or in any aspect of employment by any borrower, developer, or contractor of any project financed under the Program.

(2) Each borrower and transferee shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices including:

(a) Titles VI and VII of the Civil Rights Act of 1964, as amended;

(b) Title VIII of the Civil Rights Act of 1968, as amended;

(c) The Governor's Code of Fair Practices, as amended; and

(d) The Department's Minority Business Enterprise Program, as amended, if the borrower does not have its own minority business participation program which is acceptable to the Trust and the Department.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.10 Default.

A. Modification.

(1) In the event of default of a loan the Trust may, subject to the approval of the Trustees and the Secretary:

(a) Modify the rate of interest;

(b) Defer payment of principal, interest, or both;

(c) Modify the term of the loan; or

(d) Modify the loan in any other manner in order to promote repayment of the loan and achieve the purposes of the Program.

(2) The Trust also shall obtain the approval of the Board of Public Works for any modification described in §A(1) of this regulation to a loan that was initially approved by the Board.

(3) The Trust may modify a transfer in any manner to achieve the purposes of the Program, subject to the approval of the Trustees and the Secretary for modifications that change the use of a transfer.

B. Foreclosure.

(1) In the event of default of a loan the Trust may, without approval or execution by the Board of Public Works but subject to the approval of the Trustees and the Secretary, take title to the property by foreclosure or by deed in lieu of foreclosure and obtain and seek enforcement of a deficiency judgment.

(2) Notwithstanding the provisions of State Finance and Procurement Article, §5A-327(i)(4), Annotated Code of Maryland, if the Trust has obtained title to the property in accordance with §B(1) of this regulation, the Trust shall secure the approval of the Board of Public Works, the Trustees, and the Secretary before it reconveys title to the property.

C. Recapture of Transfers. In the event that a transferee fails to comply with the terms and conditions of a transfer, subject to the approval of the Trustees and the Secretary, the Trust may revoke the transfer and require that the transferee reimburse all or a portion of the transfer.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.11 Program Administration.

A. Except for waivers, any action or decision required or permitted to be taken or made by the Trust under these regulations may be taken or made by the Director of the Trust, or the Director’s designee.

B. The Trust may terminate a loan or transfer, or refuse to make additional disbursements under the loan documents, if it finds that the borrower or transferee is not complying with any of the requirements of the Program or the loan or transfer documents.

C. The Trust may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public.

D. The Trust may enter into servicing agreements with mortgage lenders or other loan services acceptable to the Trust.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.12 Waiver.

Except for Regulation .07B of this chapter relating to Board of Public Works approval, the Secretary may waive or vary particular provisions of these regulations if:

A. The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

B. In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04
COMAR 34.04.02.13 False Statements.

A. A person may not knowingly make or cause to be made any material misstatement of fact, including an understatement or overstatement of financial condition, in a statement or report in or regarding an application for a loan or transfer or affecting a loan or transfer already made.

B. A person who violates any provision of this regulation is:

(1) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years, or both; and

(2) Subject to immediate:

(a) Cancellation and acceleration of the loan; or

(b) Revocation of the transfer and the requirement to reimburse the transfer.

History

  • Administrative History: Effective date: May 14, 1990 (17:9 Md. R. 1088)
  • Administrative History: Regulation .05 amended effective January 2, 1994 (20:25 Md. R. 1944); April 5, 1999 (26:7 Md. R. 540); January 21, 2002 (29:1 Md. R. 22)
  • Administrative History: Regulation .06C amended effective January 2, 1994 (20:25 Md. R. 1944)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.02 to COMAR 34.04.02
  • Administrative History: Regulation .01 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .02 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .03B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .04 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .05A amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .05C repealed effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .06 amended effective July 9, 2012 (39:13 Md. R. 786); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .07B amended effective November 15, 2010 (37:23 Md. R. 1613)
  • Administrative History: Regulation .08 amended effective October 10, 2016 (43:20 Md. R. 1111); August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .08C amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .09 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10A amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .10C adopted effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .11A, B amended effective August 19, 2024 (51:16 Md. R. 744)
  • Administrative History: Regulation .13 amended effective August 19, 2024 (51:16 Md. R. 744)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, 5A-327, and 5A-331, Annotated Code of Maryland;Executive Orders 01.01.1992.27C and 01.01.1998.04

34.04.03 Protection of Submerged Archeological Historic Property

COMAR 34.04.03.01 General.

A. Scope.

(1) These regulations govern activities designated in Chapter 503 of the Acts of the General Assembly of 1988 known as the Submerged Archaeological Historic Property Act and codified within State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland. This act authorized the Maryland Historical Trust to establish a program for the issuance and administration of permits for certain activities relating to submerged archeological historic property. The program is known as the Maryland Maritime Archeology Program.

(2) The meanings of certain terms are set forth in Regulation .02 of this chapter.

(3) In accordance with the Act, these regulations apply solely to sites, structures, objects, or remains which yield or are likely to yield information of significance to the scientific study of human prehistory, history, or culture and which are:

(a) Embedded in submerged lands and have remained unclaimed for 100 years or longer; or

(b) On or embedded in submerged lands and are included in or have been determined eligible for inclusion in the National Register of Historic Places.

(4) In order to determine whether submerged property meets the criteria in §A(3) of this regulation, the person who discovers this property shall complete a report of finding on a standard form prescribed by the Trust and submit it to the State Underwater Archeologist within 14 days of discovery. The Trust shall make a determination of the age of the property or its eligibility for the National Register within 14 days of receipt of the report and notify the person submitting the report of the Trust's determination. If, in the opinion of the Trust, the report provides insufficient information to determine the age of the property or its eligibility for the National Register, the Trust may request that an intensive survey be conducted. Accordingly, submerged archeological historic property that is embedded in submerged lands is considered as having remained unclaimed for 100 years or longer until proven otherwise through:

(a) An intensive survey conducted in accordance with these regulations; or

(b) A determination by the Trust made either upon the Trust's initiation or upon filing of a report of finding in accordance with this subsection.

(5) These regulations do not:

(a) Limit or prohibit the use of privately owned land by the owner of the land, or require the owner to obtain a permit from the Trust for any activity on the privately owned land; or

(b) Abrogate or supplant any power of the State Highway Administration.

B. Property of State—Exceptions.

(1) Except as provided in §B(2) of this regulation, all submerged archeological historic property is the property of the State in accordance with the Act.

(2) These regulations do not apply to:

(a) Properties located on public lands of the United States or certain other lands, if any, as set forth in an exception to the federal Abandoned Shipwreck Act of 1987, 43 U.S.C. §2105(d); and

(b) Properties entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military or government vessels that have not been abandoned through formal action by the United States government or the flag nation.

Cross References

34.04.03.02B(36)(b)

34.04.03.04D(2)(b)

34.04.03.04D(5)

34.04.03.06A(2)(b)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.02 Definitions.

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

B. Terms Defined.

(1) “Act” means State Finance and Procurement Article, §§5A-333—5A-346, Annotated Code of Maryland, and more specifically, §§5A-301, 5A-334, 5A-339, 5A-340, and 5A-341.

(2) “Applicant” means a person who has applied for a permit under these regulations.

(3) “Artifact” means any object or assemblage of objects found in an archeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture.

(4) “Artifact recovery” means the recovery of artifacts through excavation.

(5) “Beneath or substantially beneath” means permanently or periodically covered, in whole or in part, by water.

(6) “Board” means the Maryland Board of Public Works.

(7) “Code” means the Annotated Code of Maryland.

(8) “Commercial applicant” means an applicant for a permit under these regulations for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes.

(9) “Data” means any recorded information, regardless of form or characteristics, related to the site of submerged archeological historic property which includes, without limitation, artifacts, drawings, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements, and related information.

(10) Data Collection.

(a) “Data collection” means the accumulation of data through methods that do not include excavation.

(b) “Data collection” includes the collection of artifacts that are exposed or resting on, but not embedded in, submerged lands.

(11) “Data recovery” means a systematic study carried out in accordance with a research plan, which may include data collection, excavation, and artifact recovery.

(12) “Debris field” means the total area in which artifacts associated with a particular site are located.

(13) “Director” means the Director of the Trust or a designee of the Director.

(14) “Embedded” means firmly affixed in submerged lands such that the use of tools of excavation are required to move the bottom sediments in order to gain access to the submerged archeological historic property or any part of it.

(15) “Excavation” means the process of moving, removing, or disturbing bottom sediments to expose submerged archeological historic property through the use of tools other than those permitted under Regulation .03B(2) of this chapter.

(16) “Field archeologist” means an archeologist selected or employed by the permittee to supervise operations under a permit.

(17) “Immediate environment” means that area surrounding a submerged archeological historic property which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field.

(18) Intensive Survey.

(a) “Intensive survey” means a field and archival investigation of an area designed to gather and identify fully information about submerged archeological historic properties sufficient to evaluate them against National Register criteria of significance within specific historical contexts.

(b) “Intensive survey” may include data collection, test excavation, data recovery, and artifact recovery on a limited basis.

(19) “Lands controlled by the State” means lands to which the State has rights under a lease, option contract, or purchase contract.

(20) “Monitoring archeologist” means a maritime archeologist selected by the State Underwater Archeologist or employed by the Trust for the purpose of monitoring activity under a permit issued by the Trust under these regulations.

(21) “National Historic Landmark” means a historic property that the U.S. Secretary of the Interior has designated a National Historic Landmark under 16 U.S.C. §470a(a).

(22) “National Register” means the National Register of Historic Places, which is the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, or culture maintained by the U.S. Secretary of the Interior under 16 U.S.C. §470a(a).

(23) Noncommercial Applicant.

(a) “Noncommercial applicant” means a person who satisfies the provisions of §B(23)(b) of this regulation and is seeking a permit for the purpose of gathering data either for:

(i) Public exhibition, interpretation, or preservation and not for the purpose of producing income, profit, or gain; or

(ii) Mitigation of adverse effects of a proposed activity on submerged archeological historic property as described in Regulation .04B of this chapter.

(b) If the noncommercial applicant is other than an individual, no part of the net earnings of the applicant may inure to the benefit of any private shareholder or individual holding an interest in the applicant.

(24) Object.

(a) “Object” means a material thing produced or resulting from human activity which has functional, aesthetic, cultural, historic, or scientific value.

(b) “Object” includes an artifact.

(25) "Permittee' means a person authorized and given an exclusive license by the Trust to conduct any activity requiring a permit under these regulations.

(26) “Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(27) “Program” means the Maryland Maritime Archeology Program of the Trust authorized by the Act and these regulations.

(28) “Reconnaissance survey” means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, age, distribution, and value of an area's submerged archeological historic properties, which may include data collection but does not include excavation, data recovery, or artifact recovery.

(29) “Register” means the State Submerged Artifact Register established under Regulation .14 of this chapter.

(30) “Secretary” means the Secretary of Planning.

(31) “Site” means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure including watercraft or shipwrecks, whether standing, ruined, or vanished, and its debris field where the location itself retains historical or archeological value regardless of the value of any existing structure.

(32) “State” means the State of Maryland.

(33) “State Underwater Archeologist” means the head of the Program as designated by the Secretary.

(34) “Structure” means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization.

(35) “Submerged” means beneath or substantially beneath the territorial waters of the State or situated in or on submerged lands.

(36) “Submerged archeological historic property” means any submerged site, structure, watercraft, object, or remains which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture and which:

(a) Satisfies the conditions set forth in Regulation .01A(3) and (4) of this chapter; and

(b) Does not fall within the exceptions contained in Regulation .01B(2) of this chapter.

(37) Submerged Lands.

(a) “Submerged lands” means all lands:

(i) Beneath or substantially beneath the territorial waters of the State; and

(ii) Owned or controlled by the State that are below nontidal waters.

(b) “Submerged lands” does not include lands transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred.

(38) “Substantively injure” or “substantive injury” means any action, disturbance, or influence which causes a change in the archeological context, the structural integrity, or the physical condition of a site to make it more vulnerable to loss, damage, destruction, or diminution of historic value.

(39) “Territorial waters” means the navigable waters of the State as defined in the federal Abandoned Shipwreck Act of 1987, 43 U.S.C. §§2101—2106, and includes all:

(a) Tidal waters within the boundaries of the State up to but not above the mean high tide line and seaward to a line 3 geographical miles distant from the coast line of the State;

(b) Nontidal waters within the boundaries of the State that were navigable under the laws of the United States as of April 28, 1788, which is the date that Maryland ratified the U.S. Constitution, up to the ordinary high water mark as modified by accretion, erosion, and reliction.

(40) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

(41) Undertaking.

(a) “Undertaking” means a project or activity by the Trust that involves or may lead to disturbance of submerged lands and that would otherwise require a permit under these regulations.

(b) “Undertaking” does not include activities which, in the Director's determination, should be conducted within 60 days in order to preserve submerged archeological historic property that is or may be of major scientific, archeological, anthropological, historical, recreational, or other public value and is threatened with imminent destruction or substantial damage.

Cross References

34.04.03.01A(2)

34.04.03.13B

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.03 Activities Not Requiring Permit.

A. Access Without Permit. A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, or otherwise use and enjoy a submerged archeological historic property without being required to obtain a permit if the use or activity does not:

(1) Involve excavation, destruction, or substantive injury of the historic property or its immediate environment;

(2) Endanger other persons or property; or

(3) Violate other regulations or provisions of federal, State, or local law.

B. Limited Collection of Artifacts.

(1) Subject to the provisions of §§B(2) and (3) and C and D of this regulation, a person, without a permit, may collect from any one site not more than five individual artifacts that:

(a) Are exposed or resting on the bottom sediments of submerged lands but are not embedded;

(b) Do not require excavation to recover; and

(c) Weigh cumulatively not more than a total of 25 pounds.

(2) Artifacts may not be recovered from a site unless they can be obtained by hand or through the use of screwdrivers, wrenches, or pliers, which may be not larger than 12 inches in length and have a width across the jaws of not more than 2 inches.

(3) After recovery of artifacts as prescribed in §B(1) and (2) of this regulation, a lift bag may be used solely for the purpose of transporting the artifacts to the surface.

C. Restrictions.

(1) A person who has received a permit under Regulation .09 or .10 of this chapter may not exercise the right to limited collection of artifacts under this regulation. The pertinent provisions of these regulations and the permit shall govern the permittee's collection of all artifacts.

(2) If the activities or collection of artifacts by a person without a permit results in one or more of the prohibited actions set forth in §A of this regulation, the State has the right to restrict access to the site, to require that any artifacts recovered be turned over to the Trust, and to initiate proceedings under Regulation .15 of this chapter or to require that the person apply for a permit.

(3) A person may not collect artifacts from a site that:

(a) Has been included in or determined eligible for inclusion in the National Register;

(b) Has been designated or determined eligible for designation as a National Historic Landmark; or

(c) Is entered on the Trust's list of sites for which permits will not be issued that is referred to in Regulation .04C of this chapter.

(4) The sites referred to in §C(3) of this regulation shall be fully described on a register available for examination at the Program's principal office. The Program shall make copies available to the public upon request.

D. Artifacts Recovered Without Permit.

(1) Persons who have collected objects in accordance with §B of this regulation shall furnish the Trust with a list of the objects and a description of the places from which the objects were recovered as soon as possible but not later than 30 days from the date of collection.

(2) Review of Objects by Trust.

(a) The Trust shall review each list of objects not later than 30 days from the date of receipt of the objects.

(b) The Trust may require reasonable access to any artifact for purposes of documentation, analysis, or conservation.

(c) The Trust may require an option or right of first refusal to acquire, in a manner acceptable to the owner, any artifact about which the Trust has made a written determination approved by the Secretary to be of exceptional scientific, archeological, anthropological, historical, recreational, or other public value to warrant acquisition by the Trust in certain circumstances.

Cross References

34.04.03.02B(15)

34.04.03.14B(1)(b)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.04 Application for Permit.

A. Activity Requiring Permit. A person may not excavate, destroy, or substantively injure submerged archeological historic property without a permit from the Trust.

B. Waiver. If the activity by its nature is one that is subject to federal or State review under §106 of the National Historic Preservation Act, 16 U.S.C. §§470—470t, or State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, and the person is complying with the provisions of those laws and any corresponding regulations, the Trust may waive the requirement of a permit under these regulations in order to avoid duplicate review.

C. Sites For Which Permits May Be Denied.

(1) The Trust may establish a list of sites for which the Trust reserves the right to deny intensive survey permits and data recovery permits.

(2) To be eligible for listing under §C(1) of this regulation, the site shall have been:

(a) Known and evaluated by the Trust either on the Trust's own initiative or in conjunction with an activity described in §B of this regulation; and

(b) Included in or determined eligible for inclusion in the National Register or for designation as a National Historic Landmark.

(3) The list of sites referred to in §C(1) and (2) of this regulation shall be available for examination at the Program's principal office.

D. Application Requirements.

(1) Applications for permits shall be made upon standard forms prescribed by the Trust. An application shall include at least the following information or items:

(a) The precise position of the area of proposed activity, including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart;

(b) The water and, if applicable, sediment depth of the area of proposed activity;

(c) The applicant's opinion, based upon archival or archeological research, as to specific characteristics of the submerged archeological historic property including, at a minimum and when applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property;

(d) A proposed research plan that conforms to the requirements set forth in §D(2) of this regulation;

(e) Information regarding the personnel who will be performing the proposed activity, which conforms to the requirements in §D(3) of this regulation;

(f) A listing of the proposed equipment to be used in the proposed activity or that will be available for use;

(g) If the applicant is a partnership, firm, association, public or private corporation, or any other business entity:

(i) A copy of its organizational documents, including its charter or articles of incorporation and by-laws,

(ii) A copy of the applicant's most current financial statement that has been examined and certified by an independent accountant, and

(iii) An explanation of the applicant's proposed resources to support financially the proposed activity; and

(h) The appropriate permit application fee.

(2) Research Plan.

(a) The proposed research plan required by §D(1)(d) of this regulation shall:

(i) Consist of a description of the proposed methodology, identification, documentation, or other treatment of submerged archeological historic property that identifies the proposed activity's goals, methods and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments;

(ii) Be in a form prescribed by the Trust detailing the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the proposed activity;

(iii) Contain a justification of the specific techniques and methods proposed to be used;

(iv) Conform to the standards for underwater archeology established by the Trust, and be designed to recover relevant scientific, historical, architectural, or other data as well as artifacts; and

(v) Include documentation that the facility proposed to conduct conservation of any recovered artifacts has agreed to do so within a time frame acceptable to the Trust.

(b) In the case of an intensive survey permit application for the purpose of confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter, the research plan shall include all the elements in §D(2)(a) of this regulation except as may be specifically considered by the State Underwater Archeologist to be unnecessary in order to determine the age of submerged property or its eligibility for the National Register.

(3) The information regarding the personnel required by §D(1)(e) of this regulation shall include at least the following:

(a) The name and address of the applicant;

(b) The name and address of the field archeologist who will be immediately supervising the proposed activity;

(c) The names and addresses of all persons who will participate in the proposed activity; and

(d) A resume for each individual, including the field archeologist, listing relevant experience, training, and certifications in maritime archeology or related fields.

(4) The Trust may require the applicant to submit pertinent archival, archeological, and other research data used by the applicant as the basis of the applicant's opinion required by §D(1)(c) of this regulation.

(5) In the case of an intensive survey permit application for the purpose of confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter, the requirements in §D(1)(g) and (h) of this regulation are not applicable.

(6) Application.

(a) An application for a permit is not considered complete until all information requested on the application form and any other information requested by the Trust has been received by the Trust.

(b) After receipt of an otherwise complete application, the Trust may request additional information or documents as it considers necessary in order to make a determination whether to issue a permit.

(c) The Trust shall notify the applicant when the application is deficient. If an applicant has been notified that an application for a permit is deficient or has been informed that additional information or documents are required, the applicant shall provide the requested items within 20 days after the date the notice is mailed. If the applicant fails to respond within the 20-day period, the application shall be denied unless the applicant requests additional time and provides reasonable justification for an extension that is acceptable to the Trust.

E. Fees.

(1) Amounts of permit application fees shall be as provided in a fee schedule set forth and revised from time to time by the Trust. The fees may vary depending upon the type of permit and other circumstances such as whether the applicant is a commercial applicant or a noncommercial applicant, and whether the applicant is a Maryland resident or institution or entity that is organized under the laws of Maryland.

(2) Copies of the fee schedule shall be available for examination at the Program's principal office. The Program shall make copies available to the public upon request.

(3) The Trust reserves the right to waive the permit application fee, in whole or in part, if the Trust considers it appropriate to adjust the reasonableness of the fee as a proportion of the potential value and risk in conducting the permitted activity to the anticipated costs of the Program to review, supervise, and administer the permit.

(4) The permit application fee is nonrefundable, except that if the Trust rejects a permit application, the Trust may retain only that portion of the fee which covers the costs of reviewing the application, and shall return the remainder of the fee to the applicant.

Cross References

34.04.03.02B(23)(a)(ii)

34.04.03.03C(3)(c)

34.04.03.05C(2)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.05 Consideration of Permit Applications.

A. Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations.

B. Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit:

(1) The degree of archeological, anthropological, historical, or scientific importance of the proposed property;

(2) 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;

(3) The degree and scope of planning undertaken by the applicant, including readiness and financial feasibility and commitment to undertake and complete the proposed activity;

(4) The level of the applicant's training and experience in the field of maritime archeology or submerged sites archeology;

(5) The extent to which the applicant's responses in the application are complete and factual;

(6) 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;

(7) 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

(8) 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.

C. Required Determination. The Trust may not issue any permit under these regulations unless the Trust:

(1) 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

(2) 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.

D. 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.

Cross References

34.04.03.09B(4)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.06 Issuance of Permits; Conditional Approval; Denial and Reconsideration.

A. Types of Permits.

(1) The Trust may issue an intensive survey permit or a data recovery permit. A permit is exclusive to the applicant so that, for the duration of the permit and any applicable exclusive interest period, the Trust may not issue a permit to any other person for the same location.

(2) An intensive survey permit may be issued to an applicant to carry out an intensive survey for the purpose of:

(a) Delineating the boundaries of a specific location which the applicant believes may contain submerged archeological historic property; or

(b) Confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter for applicability of these regulations.

(3) A data recovery permit may be issued to an applicant to conduct data recovery on submerged archeological historic property if the applicant has submitted evidence of submerged archeological historic property as a result of an intensive survey permit previously issued by the Trust for the same location.

(4) The evidence in §A(3) of this regulation shall include, as applicable:

(a) Documentary evidence, including all primary and secondary sources consulted;

(b) Remote sensing data; and

(c) Artifacts recovered from a proven site context.

B. Conditional Approval of Permit Applications. The Trust may approve a permit application but delay issuance of the permit until one or more of the following conditions have been satisfied within a time period determined by the Trust:

(1) The applicant has designated and, if required, placed into escrow the costs associated with the Trust's monitoring of the permitted activity, if monitoring is required by the Trust under Regulation .07B of this chapter.

(2) The applicant has identified and received the Trust's approval of the facility proposed to conduct conservation of any recovered artifacts.

(3) In the case of a data recovery permit, the Trust and the applicant have agreed upon all issues of disposition and title to submerged archeological historic property which may be recovered by the applicant.

(4) The applicant has furnished the Trust with a form of assurance acceptable to the Trust and adequate to guarantee that if activity under the permit is interrupted or abandoned, the necessary archeology, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the Trust. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the Trust. The type and amount of assurance may be negotiated between the applicant and the Trust, but the amount normally shall be a sum equal to at least five times the amount budgeted and approved by the Trust for field recovery, unless a lesser amount is determined by the Trust to be acceptable.

(5) Any other condition the Trust considers necessary has been satisfied.

C. Denial of Permits. If the Trust determines not to issue a permit, the Trust shall issue a notice of denial.

D. Reconsideration. An applicant may request reconsideration of a denial by submitting a request to the Secretary if received within 30 days following the date of the Trust's denial notice. The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration.

E. Hearing.

(1) A person aggrieved by the decision of the Secretary may request a hearing in accordance with COMAR 05.01.01.

(2) The hearing shall be held in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.

Cross References

34.04.03.08I(3)

34.04.03.09A

34.04.03.10A

34.04.03.10C(1)(b)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.07 Specific Permit Provisions.

A. Required Provisions. A permit issued by the Trust shall contain at least the following specific provisions:

(1) The duration of the permit;

(2) The boundaries of the area in which permitted activity will be undertaken;

(3) A description of the scope of permitted activity to be undertaken by the permittee, and, if a data recovery permit, a description of the artifacts expected to be recovered;

(4) A listing of the key personnel, including the field archeologist, who will be conducting the permitted activity; and

(5) A description of the expected types of activity that shall be undertaken by the permittee to restore the bottom contours of the submerged lands following completion of the intensive survey or data recovery.

B. Optional Provisions.

(1) A permit issued by the Trust may contain provisions requiring monitoring of the permit activity by a monitoring archeologist to ensure compliance with the provisions of the permit, the Act, and these regulations.

(2) If a permit contains monitoring provisions, at least the following requirements apply:

(a) Except for certain noncommercial applicants that may be conducting the permit activities through a cooperative arrangement with the Trust, the permittee is financially responsible for the cost associated with the Trust's monitoring of the permitted activity; and

(b) The permittee shall act in accordance with the direction given by the monitoring archeologist, especially with respect to the methods of:

(i) Handling any artifact so as to minimize any risk of loss, damage, substantive injury to, or deterioration of, the artifact,

(ii) Preserving from damage, decay, or deterioration any artifact by contact with air, light, or other causes of artifact degradation,

(iii) Entering upon or dealing with any site so to avoid as much as possible any damage to the site, and

(iv) Cataloguing, indexing, or recording any artifacts found upon or in the vicinity of any site.

Cross References

34.04.03.06B(1)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.08 General Permit Provisions.

A. A permit issued by the Director also shall contain the following general terms and provisions in §§B—R of this regulation.

B. Personnel.

(1) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the permitted activity is subject to prior approval by the Trust to assure that the overall qualifications of the permittee are consistent with those originally considered by the Trust in the issuance of the permit.

(2) The Trust shall be afforded at least 10 business days to review the qualifications of proposed new personnel before approving their assignment. If the Trust fails to respond within the 10-day period, the new personnel are considered approved.

C. Supervision.

(1) At all times there shall be a person designated by and acting for the permittee, aboard any vessel or present at any phase of the activity carried out under the permit, who is responsible for the activity and the proper accounting of all artifacts located or recovered, and who is familiar with, and responsible for compliance with, the terms and requirements of the permit.

(2) At all times the activity shall be under the immediate supervision of a field archeologist with training or experience in maritime archeology that is acceptable to the Trust.

(3) The monitoring archeologist, if any, shall ensure that the field archeologist complies with the research plan approved by the Trust.

(4) Disputes or differences of opinion between the field archeologist and the monitoring archeologist concerning activities carried out under a permit issued by the Trust shall be resolved by the State Underwater Archeologist.

D. Financial Support and Equipment.

(1) Changes in financial support or equipment for the permitted activity from that listed in the permit application shall be approved by the Trust.

(2) The permittee shall notify the Trust of changes or proposed changes in financial support or equipment from that noted in the permit application. The notice shall contain information regarding the change in such form and detail as required by the Trust. The Trust shall be afforded at least 10 business days to review the changes before making a decision whether to approve the changes. If the Trust fails to respond within the 10-day period, the changes are considered approved.

(3) The Director may revoke the permit if the Trust determines that changes or proposed changes in the financial support or the equipment for the permitted activity from that listed in the permit application are such as to decrease materially the permittee's ability to carry out and complete the permitted activity in accordance with the research plan approved by the Trust.

E. Site Security.

(1) The Trust may require that security be provided and maintained for sites where submerged archeological historic property is discovered that warrants protection as determined by the Trust.

(2) If the Trust determines that a site warrants protection, the permittee is responsible for providing and maintaining security for the site.

(3) The State is not responsible for marking or protecting a site except as the Trust may determine to be desirable in the administration of these regulations.

F. Maintenance of Log Books.

(1) During any activity carried out under a permit granted by the Trust, the permittee shall maintain logs of all activities related to the permit, on standard forms prescribed by the Trust, which shall include at least the following:

(a) A day log;

(b) A survey log;

(c) A diving log;

(d) A photographic log; and

(e) An artifact log, including registration numbering system.

(2) The permittee shall submit the original logs to the Trust at the time of filing of progress reports due under §O of this regulation.

(3) The original logs shall remain the property of the State.

G. Method of Survey or Excavation.

(1) The permittee may not use any means of survey or excavation that would destroy or substantively injure a submerged archeological historic property before its location has been documented.

(2) The permittee may not use explosives, cutterhead dredges, draglines, or propwash deflectors. Other forms of sediment displacement units may not be used without the prior consent of the State Underwater Archeologist, which consent may be given only in cases when the use of these methods is not likely to damage the artifacts or the archeological integrity of the permit area.

H. Recovery and Possession of Artifacts.

(1) The permittee shall notify the State Underwater Archeologist of its intention to recover artifacts and the date or dates on which the recovery is planned. The permittee may not begin raising or recovering artifacts until it has received a response from the State Underwater Archeologist that either the monitoring archeologist will be present at the time of recovery or that the recovery may take place under the sole supervision of the field archeologist.

(2) Recovery of artifacts shall be made strictly in accordance with the research plan approved by the Trust.

(3) Large artifacts such as cannons, anchors, and hull remains, and other artifacts that require special handling due to fragility, material of construction, or other factors that would lead to their destruction or substantial damage from recovery, may not be recovered unless they have been specified for recovery in the permit, or the permittee has obtained specific consent of the State Underwater Archeologist.

(4) Unless disposition of artifacts to the permittee in accordance with a disposition agreement has occurred, the permittee may not:

(a) Devise, bequeath, transfer, convey, or dispose of by any manner an artifact recovered under the authority of a permit; or

(b) In any way change the shape, character, or form of an artifact recovered under the authority of a permit.

I. Storage and Conservation.

(1) The permittee is wholly responsible for transporting, storing, insuring, and conserving all artifacts raised under the permit and for the costs associated with these activities.

(2) The State Underwater Archeologist may grant exceptions to the requirement set forth in §I(1) of this regulation for noncommercial applicants that have made alternative arrangements satisfactory to the State Underwater Archeologist.

(3) The permittee shall deliver or cause to be delivered by a safe means all artifacts recovered during each calendar month through the duration of the permit to the conservation facility approved by the Trust in accordance with Regulation .06B(3) of this chapter for secure storage, until the artifacts are treated and disposed of in accordance with the permit. The permittee shall ensure delivery of the artifacts to the conservation facility on or before the 15th day of the month following the calendar month in which the recovery of the artifacts occurred, unless a different period of time has been set forth in the permit.

(4) An artifact delivered for storage to the conservation facility shall be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts through the signature of a person authorized by the facility to receive the artifacts from the permittee. One copy of the inventory shall be retained by the permittee, one copy shall be transmitted to the Trust, and one copy shall be kept with the artifacts at the conservation facility.

(5) The Trust may designate separate storage areas for different types of artifacts.

(6) While any artifact is in storage, the State may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact.

J. Safety; Indemnification; Insurance. The permittee shall:

(1) Comply fully with all applicable federal, State, or local safety regulations governing activities exercised under the privileges of the permit;

(2) Agree to indemnify and hold harmless the State and the Trust from and against all liabilities in accordance with Regulation .17B of this chapter; and

(3) Maintain adequate insurance coverage for workers' compensation and liability to cover all activities under the permit.

K. Restoration of Submerged Lands. The permittee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the permitted activity.

L. Compliance with Laws and Regulations. The permittee shall:

(1) Ascertain whether other federal, State, or local laws and regulations govern the operations;

(2) Comply fully with all the laws and regulations set forth in §L(1) of this regulation and apply for, receive, and fully comply with all necessary permits; and

(3) Ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or State navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas, such as those protected under federal, State, or local law, order, or regulation.

M. Activity Inspection. In addition to any monitoring requirement that may be set forth in the permit, a representative of the Trust may visit and be present at the location of any operations carried out under a permit including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a permit has been granted to ensure compliance with the permit, the Act, and these regulations.

N. Examination of Permits and Activity. At any time representatives of the Trust or other designated State enforcement authority, such as the Department of Natural Resources Police or the State Police, may:

(1) Require the permittee to produce the permit for examination; and

(2) Fully examine all activity done or being done under the permit and any artifacts before or after recovery.

O. Reporting; Inspection of Records. Permittees shall maintain such records and file such reports of activities as the Trust may specify in the permit. The records shall be open to inspection by representatives of the Trust during reasonable working hours.

P. Assignment. A permit, or any part of it, may not be assigned by the permittee to any other person or entity, including a successor in interest of the permittee, without the prior consent of the Trust. The activity covered by a permit may not be contracted or subcontracted by the permittee to a party not addressed by the permit without the prior consent of the Trust.

Q. Responsibility for Operations. The permittee shall retain full responsibility for the operations conducted under the permit whether any of the activity has been contracted or subcontracted.

R. Collection of Artifacts by Employees. The permittee shall prohibit its agents or employees from removing and keeping any artifact from a site.

Cross References

34.04.03.09A

34.04.03.10A

34.04.03.10D

34.04.03.15D(1)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.09 Special Conditions for Intensive Survey Permits.

A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for intensive survey permits are applicable in addition to the terms and conditions for all permits set forth in Regulations .06—.08 of this chapter.

B. Restrictions; Renewal of Permit; Reservation of Interest.

(1) The Trust may issue an intensive survey permit for up to a defined 1 square mile area.

(2) An applicant may not be issued more than two permits for different locations to be in effect at the same time.

(3) The Trust may issue an intensive survey permit for a duration of up to 9 months.

(4) A permittee may request one renewal of the permit for an additional period of up to 3 months. Upon application and payment to the Trust of an additional fee not later than 15 days before the expiration of the permit, the Trust may renew, at the Trust's discretion, any permit under which the activity has been diligently prosecuted and the research plan faithfully followed if the Trust finds the renewal to be in the best interest of the State, taking into account the criteria under Regulation .05 of this chapter considered by the Trust at the time of original issuance of the permit, and any modifications and additional information relating to the permittee or to the location of permit activity. If the permittee has not completed the permitted activity at the expiration of the renewal period, the permittee shall apply for a new permit before conducting any further activities.

(5) Upon request and payment to the Trust of an additional fee in the same amount as the initial fee, at any time throughout the duration of a permit, the permittee may reserve intensive survey rights in any square mile section that is adjacent to that portion of the original permit area which the permittee has shown to contain artifacts related to a specific site. Unless specifically approved by the Trust, the permittee may not carry out any activity in the reserved area until the Trust's issuance of an additional permit for the reserved area.

(6) At its option, the Trust may issue an additional intensive survey permit for the requested reserved area without any subsequent additional fee if the Trust has determined that the permittee has diligently prosecuted and faithfully adhered to the terms of the initial permit.

C. Method of Survey or Excavation. With a minimum of disturbance to the site the permittee shall:

(1) Identify the source of anomalies;

(2) Delineate the extent of the site; and

(3) Evaluate the characteristics and significance of the submerged archeological historic property in consultation with the monitoring archeologist or other representative of the Trust.

D. Recovery of Artifacts.

(1) A permittee may not recover artifacts other than a limited number of small diagnostic artifacts that will be useful in dating the site or in otherwise determining site significance.

(2) Without the prior consent of the State Underwater Archeologist, the number of individual diagnostic artifacts that may be recovered under §D(1) of this regulation may not exceed 25.

E. Title and Control of Artifacts.

(1) Except as provided in §E(2) of this regulation, the Trust shall retain the State's title to all artifacts recovered through an intensive survey until disposition of the entire site collection is determined through the subsequent issuance of a data recovery permit to a permittee. If no data recovery permit is issued, the Trust shall retain the State's title to the artifacts and may grant rights of custodianship to all or a portion of the artifacts in the same manner, and in accordance with the same procedures and requirements described in §E(3)—(8) of this regulation.

(2) The Trust may release the State's title to any artifacts recovered through an intensive survey if the Trust does not consider them to be of significant archeological or historical value.

(3) The Trust may grant rights of custodianship to all or a portion of artifacts to which the Trust has retained the State's title in the manner set forth in §E(4)—(8) of this regulation.

(4) The Trust shall issue certificates of custodianship for the artifacts which identify the artifacts and the persons who recovered them.

(5) A certificate of custodianship confers only a license to possess an artifact and does not convey or transfer any right, title, or interest, tangible or intangible, in and to the artifact. The certificate shall set forth the terms of custodianship including, without limitation, the permitted manner of possession, control, display, conservation, and curation, and requirements for insurance and access for scholarly research.

(6) If the Trust has determined that the custodian has violated any of the terms of custodianship set forth in the certificate of custodianship, the Trust may revoke the certificate and require that the artifacts be turned over to the Trust.

(7) The custodian may not transfer custodianship of an artifact without the consent of the Trust. If, after the Trust has issued a certificate of custodianship, the custodian no longer desires to maintain possession of the artifact, the custodian shall return the artifact along with the certificate to the Trust, and the custodianship shall expire.

(8) A certificate of custodianship issued under this section also shall contain a provision that if the permittee subsequently applies for a data recovery permit, the artifacts recovered during the intensive survey shall be considered part of the entire site collection eligible for purposes of title conveyance and disposition.

F. Exclusive Interest Period.

(1) A permittee shall:

(a) Have an exclusive interest for data recovery purposes in the intensive survey permit area for a period of 180 days from the expiration date of the permit or any applicable renewal period, whichever is later, unless this interest is waived in writing by the permittee;

(b) Have an exclusive interest for data recovery purposes in all intensive survey areas reserved under §B(5) and (6) of this regulation for a period of 180 days from the expiration of any permit that has been issued to the permittee related to those areas or any applicable renewal period, whichever is later, if the permittee has:

(i) Conducted an intensive survey in accordance with the permit, and

(ii) Not waived this interest in writing; and

(c) Apply for a data recovery permit in accordance with Regulation .10 of this chapter within the 180-day period to exercise either of the exclusive interests described in §F(1)(a) and (b) of this regulation.

(2) The Trust may approve by written determination an extension of up to 90 days to the 180-day exclusive interest period described in §F(1)(a) of this regulation if the:

(a) Permittee submits a request for the extension explaining in detail the circumstances precluding application for a data recovery permit within the 180-day period; and

(b) Trust finds that the circumstances are sufficient to warrant an extension.

(3) If the Trust does not receive the data recovery permit application for the surveyed area within the 180-day period or the extended period, the Trust may then accept permit applications from other persons.

(4) If the intensive survey of the permit area yields more than one site of submerged archaeological historic property, the permittee shall apply for a data recovery permit for each site in order to maintain exclusive interest in all sites.

G. Reimbursement of Expenses Not Allowed. A permittee is not entitled to claim reimbursement of any expenses associated with the intensive survey of submerged archeological historic property or the transportation, storage, insurance, or conservation of artifacts recovered through the intensive survey.

H. National Historic Landmark Sites.

(1) If, as a result of an intensive survey permit issued by the Trust, an applicant has submitted evidence satisfactory to the Trust, or the Trust has otherwise determined, based upon the evidence or other information available to it, that the site is eligible to be designated as a National Historic Landmark, the Trust may deny issuance of a data recovery permit for the site if the Trust has made and the Secretary has approved a written determination that issuance of the permit is not in the best interest of the State.

(2) If the Trust denies issuance of a data recovery permit in accordance with §H(1) of this regulation, then the Trust may propose to the Board a monetary award to an applicant to assist in the reimbursement of reasonable and necessary costs incurred by the applicant, in whole or in part, which directly resulted in data leading to designation as a National Historic Landmark site.

(3) A decision by the Board with respect to a monetary award is not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland, or COMAR 05.01.01. The decision by the Board is final and binding and not subject to further administrative review.

(4) Nothing contained in this chapter shall limit the authority of the Board in any matter brought before it from making such recommendations as it considers appropriate and in the best interests of the State.

Cross References

34.04.03.10B(3)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.10 Special Conditions for Data Recovery Permits.

A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for data recovery permits are applicable in addition to the general terms and conditions for all permits set forth in Regulations .06—.08 of this chapter.

B. Restrictions; Renewal of Permit.

(1) The Trust may issue a data recovery permit for a single submerged archeological historic property within a defined area of submerged lands not larger than 1 square mile.

(2) An applicant may not be issued more than one data recovery permit at a time unless the Trust determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the Trust, and that the permits can be properly supervised and administered by the Trust.

(3) If an intensive survey permittee has applied for more than one data recovery permit in accordance with Regulation .09F(4) of this chapter but has been issued less than the number of permits for which the permittee applied, then, unless waived in writing by the permittee, the permittee is still entitled to reserve exclusive interest for data recovery purposes in the remaining application sites that are within the intensive survey area for a period of time not later than the expiration date of any data recovery permit that has been issued to the permittee, or any applicable renewal period, whichever is later.

(4) The Trust may issue a data recovery permit for an appropriate period of time not to exceed a 1-year period. The permittee may request one renewal of the permit for the same additional period of time. Upon application and payment of an additional fee not later than 30 days before the expiration of the permit, the Trust may renew, in the Trust's discretion, any permit under which the activity has been diligently prosecuted and faithfully adhered to if the Trust finds the renewal to be in the best interest of the State.

C. Requirements for Issuance to Certain Applicants.

(1) The Trust may issue a data recovery permit to a commercial applicant only if:

(a) The Trust has made a written determination that one or more of the following conditions is met:

(i) The property to be excavated or disturbed is threatened with imminent destruction or substantial damage by natural factors or by human factors unrelated to the commercial excavation or disturbance of the submerged archeological historic property in question,

(ii) The submerged archeological historic property is not of major scientific, archeological, anthropological, historic, recreational, or other public value,

(iii) The proposed disturbance will be minor in scale and will produce information relevant to the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, §5A-318(c)(4), Annotated Code of Maryland, or

(iv) The subject property of the permit will not be excavated by any other person in the foreseeable future and the historic property will remain submerged until that time; and

(b) The applicant has furnished a form of assurance acceptable to the Trust in accordance with Regulation .06B(4) of this chapter.

(2) Noncommercial Applicants.

(a) The requirements of §C(1) of this regulation also apply to noncommercial applicants seeking title to submerged archeological historic property (other than an agency or unit of the State).

(b) At its discretion, the Trust may apply the requirements of §C(1) of this regulation to all noncommercial applicants.

D. Recovery of Artifacts. All artifacts shall be recovered from the areas disturbed, except those types of artifacts described in Regulation .08H(3) of this chapter, unless they have been specified for recovery in the permit or the permittee has obtained the consent of the State Underwater Archeologist.

Cross References

34.04.03.09F(1)(c)

34.04.03.12A

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.11 Modification of Permit Provisions.

Upon the request of the permittee, or if considered necessary by the Trust, the Trust may issue a modification to the permit that can add, delete, or modify provisions contained in the permit if the modification is consistent with the Act and these regulations.

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.12 Disposition of Artifacts—Conveyance of Title.

A. General. The Trust may determine that with respect to a particular application for a data recovery permit under Regulation .10 of this chapter, it is in the best interest of the State to do any of the following, or a combination of any of the following:

(1) Retain the State's title and control of recovered submerged archeological historic property;

(2) Enter into a disposition agreement and convey the State's title to recovered submerged archeological historic property; or

(3) Release the State's title to any recovered submerged archeological historic property that the Trust does not consider to be of significant archeological or historical value.

B. Disposition.

(1) If the Trust determines that it is in the best interest of the State to enter into a disposition agreement with the permittee, the decision as to what portion of recovered submerged archeological historic property the State will retain shall be based upon the Trust's assessment of the historic and archeological significance of the property following the intensive survey.

(2) General Guidelines.

(a) Except as provided in §B(3) of this regulation, the following ranges for the division of recovered artifacts apply:

(i) For sites over 100 years old but not included in or eligible for inclusion in the National Register, the Trust shall retain the State's title to at least 5 percent but not more than 30 percent of the artifacts in accordance with a final valuation determined through §C(5) and (6) of this regulation; and

(ii) For sites that are included in or eligible for inclusion in the National Register, regardless of age, the Trust shall retain the State's title to at least 20 percent but not more than 50 percent of the artifacts in accordance with a final valuation based upon the archeological and monetary market valuations determined through §C(5) and (6) of this regulation.

(b) The Trust shall determine the specific percentage within the ranges referred to in §B(2)(a) of this regulation by assessing the archeological value of the artifacts in relationship to the whole site. The Trust shall focus this assessment on whether the site contains any or all of the following:

(i) Cargo and, if so, whether it is of a repetitive nature or nonrepetitive nature;

(ii) Items that were personal possessions of an individual; and

(iii) Other artifacts that do not constitute cargo or personal possessions and, if so, whether they are unique or are repetitive as to the site.

(c) The Trust may make subsequent modifications to a determined percentage if it is later found that an evaluation of the site was incorrect due to reasons including misdating or misidentification, or the occurrence of unexpected cargo, personal possessions, or other artifacts.

(3) Sites Designated or Eligible to be Designated as National Historic Landmarks.

(a) For sites that have been designated or are eligible to be designated as National Historic Landmarks, there is a general presumption that the State's title to the artifacts will not be transferred to the permittee.

(b) In exceptional circumstances the Trust may consider transfer to the permittee of the State's title to artifacts from sites described in §B(3)(a) of this regulation if the Director has made, and the Secretary has approved, a written determination that the transfer will not significantly diminish the scientific, archeological, anthropological, or historical research value of the collection.

(c) In accordance with the same procedures and requirements described in Regulation .09E(3)—(8) of this chapter, the Trust may make up to 100 percent of the artifacts from sites described in §B(3)(a) of this regulation available through custodianship for display or exhibition. In addition, the Trust may consider requests that a limited number of the custodial artifacts may be placed into private collections of individuals who were related to the permit activities.

C. Title Conveyance Requirements.

(1) If the Trust determines that it is in the best interest of the State to enter into a disposition agreement with the permittee, the agreement shall be included within the data recovery permit. The agreement shall document that the:

(a) Trust and the applicant have agreed upon a division of the artifacts expected to be recovered which may be in value, in kind, or a combination of both; and

(b) Applicant has agreed that the applicant's share of the division constitutes reasonable compensation for the artifacts recovered to which the Trust determines to retain the State's title.

(2) The disposition agreement shall be approved by the Board as required by State Finance and Procurement Article, §5A-340, Annotated Code of Maryland.

(3) The Trust shall act as arbiter of the division of artifacts, giving due consideration to the fair treatment of the applicant and acting in the best interest of the State. In addition, the requirements of §C(4)—(6) of this regulation apply.

(4) The division of artifacts shall be determined in the disposition agreement based upon the valuations set in accordance with §C(5) and (6) of this regulation. If it is a division in kind, the division applies to each classification of artifacts as specified in the data recovery permit.

(5) An archeological valuation of the artifacts shall be determined according to an average valuation by a group of three archaeologists, including the field archeologist, the State Underwater Archeologist or designee, and a third archeologist mutually agreed upon by the Trust and the permittee. This valuation shall take into account the factors referred to in §B(2)(a)—(c) of this regulation and any other factors considered pertinent by the archaeologists.

(6) A monetary market valuation of the artifacts shall be determined according to an average valuation by three independent appraisers, one of which shall be selected by the Trust, one by the permittee, and one mutually agreed upon by the Trust and the permittee. The permittee's costs of artifact recovery and conservation may not be considered in determining the valuation of recovered artifacts.

(7) The Trust may grant rights of custodianship to all or a portion of artifacts to which the Trust has retained the State's title in the same manner, and in accordance with the same procedures and requirements, described in Regulation .09E(3)—(8) of this chapter.

(8) The terms of a disposition agreement shall include a provision that, except as provided in §C(9) of this regulation, following the actual disposition of the artifacts, the permittee owns the artifacts free and clear of any interest of the Trust or the State.

(9) The terms of a disposition agreement may include:

(a) An option or right of first refusal by the Trust to acquire from the permittee after disposition of title one or more artifacts about which the Trust has made a written determination approved by the Secretary to be of exceptional scientific, archeological, anthropological, historical, recreational, or other public value to warrant reacquisition by the Trust in certain circumstances; and

(b) The terms of additional compensation to be received by the permittee if, after recovery of the artifacts, the Trust elects to retain title to more artifacts than originally provided for in the disposition agreement.

D. Inspection After Recovery. A representative of the Trust and the permittee shall inspect all artifacts recovered under the permit within a reasonable period of time following recovery, but not later than 60 days after the expiration of the permit.

E. Actual Disposition. The Trust and the permittee shall carry out the terms of disposition of artifacts as agreed upon in the permit which shall allow for a reasonable period of time for photography, study, research, and conservation of the artifacts before final disposition.

F. Reimbursement for Expenses Not Allowed. The permittee is not entitled to claim reimbursement of any expenses associated with the recovery of submerged archeological historic property, including, without limitation, expenses of data recovery, transportation, storage, insurance, or conservation of artifacts.

Cross References

34.04.03.15D(2)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.13 Activity by the Trust.

A. A permit is not required of the Trust for any undertaking otherwise requiring a permit under these regulations. Before initiating any undertaking, the Trust shall obtain approval from the Secretary and the Board.

B. For activities which do not constitute an undertaking as defined in Regulation .02B(41) of this chapter, the Trust shall:

(1) Obtain the Secretary's approval before initiation of the activity; and

(2) Report to the Board on the activities within 45 days after initiation of activity.

Cross References

34.04.03.14B(1)(c)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.14 State Submerged Artifact Register.

A. Establishment of Register.

(1) The Trust shall establish a State Submerged Artifact Register for the registration and recordation of artifacts recovered from the State's submerged lands which the Trust considers to be of significant scientific, archeological, anthropological, historical, recreational, or other public value.

(2) The Register shall be available to the public and shall contain at least a description of the artifacts, the person or persons who recovered them, and the scientific, archeological, anthropological, or historic significance of the artifacts.

(3) The Trust may maintain additional information and documents pertinent to the artifacts in other records or databases within the Trust or the Department of Planning.

B. Entry on Register.

(1) Through data, photographs, and any other means of documentation, the Trust may enter on the Register any artifact which is recovered in accordance with these regulations, including those recovered by:

(a) Persons who received permits under Regulation .09 or .10 of this chapter;

(b) Persons who exercise the right under Regulation .03 of this chapter to limited collection of artifacts without a permit; and

(c) The Trust exercising its right under Regulation .13 of this chapter.

(2) At the discretion of the Trust, artifacts recovered from the State's submerged lands before the effective date of these regulations may also be entered on the Register.

C. Treatment of Information. The Trust shall treat all information referred to in §§A and B of this Regulation in the same manner as that in regulation .17A of this chapter.

Cross References

34.04.03.02B(29)

34.04.05.03B(28)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.15 Permit Violations.

A. Suspension of Permit.

(1) The Trust may suspend operations under a permit at any time for just cause if there is reason to believe that the terms and provisions of a permit or other applicable law or regulation are being violated.

(2) The suspension may become effective immediately if the Director or the State Underwater Archeologist:

(a) Makes the determination referred to in §A(1) of this regulation;

(b) Finds that the public health, safety, or welfare imperatively requires emergency action; and

(c) Promptly follows the same procedures for notice to the permittee and an opportunity to be heard as described in §C of this regulation pertaining to revocation of permits.

(3) If the emergency circumstances in §A(2) of this regulation do not exist, the suspension may not be undertaken unless the Director:

(a) Makes the determination referred to in §A(1) of this regulation; and

(b) First implements the procedures for notice to the permittee and an opportunity for a hearing with the Director in accordance with the general procedures described in §C of this regulation pertaining to revocation of permits.

(4) Upon conclusion of the hearing, the Director shall issue a written determination recommending either that the permit be restored or that the permit be revoked. If the Director recommends revocation of the permit, then the permit shall remain suspended until the matter is resolved under §§B and C of this regulation.

B. Revocation of Permit. Subject to the provisions of §C of this regulation, the Director may revoke a permit for any of the following reasons:

(1) Failure to begin activity under the terms of the permit within the first ? of the term of the permit;

(2) Failure to work diligently toward completion of the permitted activity after it has been started, or failure to maintain a presence on the site if weather permits;

(3) Failure to comply with any of the provisions of the permit;

(4) Violation of the Act, these regulations, or any other pertinent law or regulation; or

(5) Improper issuance of a permit, for example, issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as indicated by these regulations.

C. Procedure for Revocation.

(1) The Director shall serve upon the permittee a notice of intent to revoke a permit with a brief statement of the reason or reasons alleged. The notice may be:

(a) Sent to the permittee by registered mail, return receipt requested; or

(b) Made through any other manner that accomplishes actual notice to the permittee.

(2) The notice of intent to revoke shall provide that the permittee may request a hearing within 7 days of receiving the notice by filing a request for a hearing with the Secretary in accordance with COMAR 05.01.01.

(3) Hearings shall be conducted, and a final decision shall be issued, in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.

(4) Nothing in these regulations may be construed as preventing the Trust from seeking any appropriate form of judicial relief against a permittee.

D. Violations.

(1) Apprehension. Any of the authorities referred to in Regulation .08N of this chapter may issue summonses to apprehend or cause to be arrested any person suspected of being in violation of a permit, the Act, or these regulations.

(2) Right to Artifacts and Data. Notwithstanding any disposition agreement entered into under Regulation .12 of this chapter, the Director or anyone authorized by the Director may appropriate any artifacts and data that have been collected or recovered as a result of a violation referred to in §D(1) of this regulation. The appropriated materials shall be managed, cared for, and administered by the Trust.

(3) If the Director's exercise of powers under §D(1) and (2) of this regulation gives rise to a contested case as defined in State Government Article, §10-201(c), Annotated Code of Maryland, the affected persons or permittees shall be afforded an opportunity for a hearing with the Secretary in accordance with COMAR 05.01.01.

E. Penalties.

(1) A person or entity who violates the Act or these regulations is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 30 days, or both, with costs imposed at the discretion of the court, and, if the person or entity holds a permit issued under these regulations, the permit may be revoked by the court upon request by the Director.

(2) A person or entity who violates the terms of a permit issued under these regulations to a commercial applicant is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $10,000 or imprisonment for a term not to exceed 1 year, or both, with costs imposed at the discretion of the court, and the permit may be revoked by the court upon request by the Director.

(3) A separate offense exists for each day a violation described in this section continues.

Cross References

34.04.03.03C(2)

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.16 Special Provisions and Procedures.

A. Submerged Graves.

(1) If, in the course of activity permitted under these regulations, a person discovers human remains, an apparent grave site, or a war grave, the person shall do the following:

(a) Leave the remains undisturbed unless the remains are associated with a person who died in the course of diving operations;

(b) Immediately notify the appropriate law enforcement authorities and the State Underwater Archeologist or a representative of the Trust; and

(c) Suspend activity at the site until permitted to resume by the Trust.

(2) The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or State law and any pertinent international law, treaty, or agreement.

B. Disputed Claim of Private Ownership. If a person is conducting or is proposing to conduct activities that would require a permit under this chapter on lands that the person claims are privately owned, and the Trust disputes the claim of private ownership, the person may proceed with the proposed activities only if the Trust has not notified the person or alleged owner within 30 days of the date the dispute was first known of the Trust's intention to fully contest the claim.

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland
COMAR 34.04.03.17 General Provisions.

A. Public Information.

(1) Right to Retain Data.

(a) Subject to the provisions of the Maryland Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, the Trust reserves the right to retain and distribute for research or educational purposes data provided to the Trust under these regulations.

(b) The Trust may not release any data pertaining to the location where objects were found or collected without the consent of the person who collected the data except that, in the case of a permit, the Trust may release locational data following the expiration of the permit and any applicable exclusive interest period.

(2) To the extent that information received by the Trust under these regulations is afforded protection under the Maryland Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, the Trust shall maintain the information in accordance with the provisions of that Act.

B. State Not Liable—Indemnification.

(1) The State and the Trust may not be held liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a permit.

(2) Permittees shall agree to protect, indemnify, and hold harmless the Trust and the State from and against any and all liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind and nature incurred by, or asserted or imposed against, the Trust or the State as a result of or in connection with the permit.

(3) Money expended by the Trust or the State as a result of liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the permittee to the Trust or the State, as appropriate.

C. Program Administration.

(1) The Director or the Director's designee may take any action or make any decision required or permitted to be taken or made by the Trust under these regulations.

(2) The Trust may establish from time to time detailed program guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of these regulations.

D. Written Requirements. In order to be effective, all requests, notices, notifications, consents, and approvals required under this chapter shall be in written form.

E. Waiver. The Secretary may waive or vary particular provisions of these regulations if:

(1) The waiver or variance is not inconsistent with the Act and other pertinent legal authorizations for the Program, if any;

(2) In a written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and

(3) The Office of the Attorney General approves the waiver for form and legal sufficiency.

F. False Statements. A person who knowingly makes or causes to be made a false statement or report that is material to an action taken by the Director or the Trust is subject to provisions of Regulation .15A—D of this chapter.

Cross References

34.04.03.08J(2)

34.04.03.14C

History

  • Administrative History: Effective date: January 2, 1993 (19:26 Md. R. 2284)
  • Administrative History: Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03
  • Authority: State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland

34.04.04 Historical and Cultural Museum Assistance Program

COMAR 34.04.04.01 General.

These regulations prescribe the policies, procedures, and authorizations for making and administering grants and providing assistance under the Historical and Cultural Museum Assistance Program of the Maryland Historical Trust, an agency within the Department of Planning. The objective of the Program is to provide grants and technical and advisory assistance to local jurisdictions and nonprofit organizations for the purpose of supporting the upgrade, care, research, interpretation, documentation, and display of the State's historical and cultural museum collections and operating support for museum-related activities.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.02 Definitions.

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

B. Terms Defined.

(1) “Act” means State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland, as amended.

(2) “Archival material” means documentary material, either public or private, in any form including paper, microform, computerized record, film, or other comparable medium.

(3) “Board of Trustees” or “Trustees” means the Board of Trustees of the Maryland Historical Trust.

(4) “Code” means the Annotated Code of Maryland, as amended.

(5) “County” means any of the 23 counties of the State and the Mayor and City Council of Baltimore.

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

(7) “Director” means the Director of the Maryland Historical Trust.

(8) “Eligible activity” or “eligible activities” means one or more of the activities set forth in Regulation .05 of this chapter.

(9) “Fiscal year” means the fiscal year of the State.

(10) “Grant” means an award of financial assistance under the Program from the MHT Grant Fund.

(11) “Grant documents” means the grant agreement and other documents between the grantee and the Trust which evidence the terms and conditions of the grant.

(12) “Grantee” means the recipient of a grant.

(13) “Local jurisdiction” means any county or municipality, and a duly authorized agency or instrumentality of the county or municipality.

(14) “MHT Grant Fund” or “Fund” means the Historic Preservation and Historical and Cultural Museum Assistance Grant Fund of the Trust created under State Finance and Procurement Article, §5A-328, Annotated Code of Maryland.

(15) “Minor structural modifications” means alterations or modifications to existing buildings, structures, or other physical facilities that are consistent with the purposes of the Act.

(16) “Municipality” means a municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution.

(17) Museum.

(a) “Museum” means a facility in the State that:

(i) Is organized and operated on a nonprofit basis for essentially educational or preservation purposes;

(ii) Owns or uses tangible inanimate objects;

(iii) Is organized for the care of the objects in §B(17)(a)(ii) of this regulation and exhibits them to the public on a regular schedule; and

(iv) Interprets the State's cultural heritage or the State's history, natural history, or history of science and technology.

(b) “Museum” includes a facility that is one of several facilities that meet the requirements of §B(17)(a) of this regulation and are owned or administered at least in part by the same nonprofit organization or local jurisdiction, if that facility and the other facilities owned or administered by the same nonprofit organization or local jurisdiction have separate space facilities, collections, budgets, paid or unpaid professional staffs, and programmatic advisory committees or boards.

(18) “Museum operated by the State” means a museum whose:

(a) Employees are State personnel, as defined in State Government Article, §12-101(1), Annotated Code of Maryland; and

(b) Operating costs are funded in whole or in part by State appropriations.

(19) “Nonprofit organization” means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in that entity.

(20) “Operating support” means necessary administrative, technical, and professional services and related expenses.

(21) “Program” means the Historical and Cultural Museum Assistance Program of the Trust established by the Act.

(22) “Review panel” means the Museum Assistance Review Panel appointed by the Secretary under the Act and these regulations.

(23) “Routine administrative overhead expenses” means all operating costs except those incurred directly for an eligible activity.

(24) “Secretary” means the Secretary of Planning.

(25) “Trust” means the Maryland Historical Trust, an instrumentality of the State as part of the Department.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.03 Technical and Advisory Assistance.

A. The Program may provide technical and general advisory assistance to museums for the purpose of:

(1) Assisting museums to become eligible for grants;

(2) Developing long-range plans;

(3) Becoming accredited by the American Association of Museums or other pertinent entity that provides museum accreditation; and

(4) Meeting professional museum standards.

B. Advisory and technical assistance shall be made available to applicants in the order in which written requests are received, subject to the availability of Program staff and budgetary resources.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.04 Eligible Grant Applicants.

A. The following are eligible to apply for grants under the Program:

(1) A nonprofit organization only if the:

(a) Organization is in good standing, qualified to do business in Maryland, and has the legal capacity and all necessary legal authority to incur the obligations involved in the grants provided under the Program;

(b) Museum which is to be the beneficiary of a grant has been in existence as a nonprofit institution organized and operated on a nonprofit basis for at least 3 years before the date of application; and

(c) Organization or museum has applied for recognition as a tax-exempt organization under §501 of the Federal Internal Revenue Code, as amended;

(2) A local jurisdiction, only if the museum which is to be the beneficiary of a grant has been in existence as an agency or instrumentality of a local jurisdiction or as a nonprofit institution for at least 3 years before the date of application.

B. Grants may not be made under the Program for a museum that:

(1) Is operated by the State;

(2) Is operated, in whole or in part, by a department or agency of the federal government.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.05 Eligible Grant Activities.

A. Eligible grant activities under the Program are those activities designed to improve and upgrade the quality of existing or new museum programs and activities, and operating support for museum-related activities.

B. The activities in §A of this regulation are limited to:

(1) Research related to collections, exhibits, or other educational activities;

(2) Care, conservation, documentation, and interpretation of collections;

(3) Planning, design, and construction of exhibits and displays;

(4) Design and implementation of educational programs and activities;

(5) Development of master plans for the museum, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation;

(6) Construction of minor structural modifications;

(7) Development of plans and specifications and provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities; or

(8) Operating support for any museum-related activity including activities described in §B(1)—(7) of this regulation.

C. Grants may not be used for the following:

(1) Construction other than minor structural modifications as set forth in §B(6), of this regulation; or

(2) Costs that have been incurred before the date of the Trust's notice of grant approval.

Cross References

34.04.04.02B(8)

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.06 Grant Allocation Procedures.

A. Grant Solicitation.

(1) At least once during each fiscal year the Trust shall solicit applications for the award of grants under the Program.

(2) At least 90 days before an expected award of grants to grantees, the Trust shall:

(a) Issue a public announcement of the availability of funds under the Program describing:

(i) The application process;

(ii) The total anticipated funding available;

(iii) Eligible applicants and activities;

(iv) Eligible activity selection criteria;

(v) Special priorities and identified Statewide needs for grant awards; and

(vi) The timetable for application submission, activity selection, and grant award;

(b) Endeavor to send direct mail announcements to museums Statewide; and

(c) Issue a press release containing the public announcement.

B. Grant Application.

(1) Applications shall be made upon standard forms prescribed by the Trust.

(2) Each application shall be accompanied by sufficient information and documentation to determine the:

(a) Eligibility of the applicant and the proposed activity;

(b) Geographical location of the museum and of the proposed activity;

(c) Cost of the proposed activity;

(d) Managerial and fiscal competence of the applicant or the museum which is the beneficiary of the grant including its capability to carry out the activity, the appropriateness of its budget to the scope of the activity, and its ability to initiate and complete the activity within the time frame proposed;

(e) Except for operating support grants, extent to which there will be any contribution to the proposed activity by the appropriate local jurisdiction or any other funding source;

(f) Potential for the proposed activity to stimulate increased tourism, museum attendance, museum quality, or museum self-sufficiency or promote collections care or educational activities;

(g) Except for operating support grants, relative merits of the proposed activity within Statewide needs identified annually by the Trust in consultation with the review panel;

(h) Extent to which the activity will advance long-range planning efforts of the museum;

(i) Extent to which the activity will lead to accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation;

(j) Except for operating support grants, demonstration or innovation value of the activity; and

(k) Other relevant factors identified by the Trust from time to time.

(3) Each applicant shall certify that it is familiar with and willing to comply with the grant terms and conditions set forth in Regulation .09 of this chapter.

C. Selection Criteria. Grant applications shall be reviewed and evaluated in accordance with selection criteria including but not limited to the:

(1) Except for operating support grants, relative merits of the eligible activity within Statewide needs identified annually by the Trust in consultation with the review panel;

(2) Except for operating support grants, extent to which there will be any contribution to the eligible activity by the appropriate local jurisdiction;

(3) Potential for the eligible activity to stimulate increased tourism, museum attendance, museum quality, or museum self-sufficiency or promote collections care or educational activities; and

(4) Extent to which the eligible activity will contribute to the cumulative equitable Statewide geographic distribution of funds based on the Statewide distribution of eligible applicants.

D. Unanticipated Activity Grants.

(1) In any fiscal year, the Secretary may allocate up to 20 percent of the total moneys available in the MHT Grant Fund to be held in reserve for grants to unanticipated eligible activities that have arisen generally because of one or more of the following circumstances:

(a) The eligible activity requires emergency action; or

(b) The eligible activity provides a unique opportunity to promote the objectives of the Program.

(2) Except for §A of this regulation, the provisions of this chapter apply to unanticipated activity grants.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.07 Museum Assistance Review Panel.

A. There is established within the Trust a Museum Assistance Review Panel.

B. Membership.

(1) The review panel shall consist initially of nine members.

(2) The Secretary may appoint additional members as the responsibilities of the review panel may require.

(3) The review panel shall include the following members:

(a) Three ex officio members as follows:

(i) The President of the Senate of Maryland or the President's designee;

(ii) The Speaker of the House of Delegates of Maryland or the Speaker's designee; and

(iii) A representative of the Executive Branch, whose responsibilities relate to the purposes of the Program, designated by the Secretary;

(b) At least six other members, appointed by the Secretary, who shall:

(i) Equitably represent the geographical diversity of the State and the variety of museums eligible for grant assistance under the Program;

(ii) Have served in a museum-related capacity for a minimum of 3 years;

(iii) Serve terms of 3 years, except that initial members shall serve staggered terms of 1, 2, and 3 years;

(iv) Serve not more than two consecutive terms, and may not be reappointed again until at least 1 year has elapsed.

(4) Review panel members shall serve without compensation but are entitled to reimbursement for expenses as permitted by law.

C. Duties. The review panel shall:

(1) Review grant applications;

(2) Make recommendations in accordance with Regulation .08 of this chapter, for review and approval by the Board of Trustees and recommendation to the Secretary for final approval or disapproval by the Secretary;

(3) Consider any advice or recommendations of the State Archivist received on all grant applications that in whole or in part relate to the care of, preservation of, or access to, archival material; and

(4) Advise the Trust and the Secretary regarding Program policies, activities, and expenditures.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.08 Grant Application Review and Approval Procedures.

A. Review. The Trust staff shall accept for review all grant applications from eligible applicants postmarked or received by the due date. The Trust staff shall review and analyze all applications, determine whether proposed activities are eligible, and transmit applications together with staff comments to the review panel.

B. State Archivist's Review. All eligible applications that relate in whole or in part to the care or preservation of, or access to, archival material shall be transmitted to the State Archivist for review and comment. The State Archivist shall transmit comments to the review panel within 10 working days.

C. Review Panel Review and Recommendation. The review panel shall review all eligible applications and staff comments and shall evaluate, rank, and make recommendations on funding for eligible applications. The review panel shall transmit eligible application summaries, rankings, and funding recommendations to the Board of Trustees.

D. Trustees' Review. The Trustees shall review the review panel's recommendations and approve, disapprove, defer, or modify these recommendations. The Trustees shall transmit eligible application summaries, rankings, and the review panel's recommendations, together with the Trustees' recommendations, to the Secretary.

E. Secretary's Approval. The Secretary shall approve, disapprove, defer, or modify the Board of Trustees' recommendations. The Trust shall issue to each applicant a written notice of the Secretary's decision. The Secretary's decision is final and not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland.

Cross References

34.04.04.07C(2)

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.09 Grant Terms and Conditions.

A. Term. The period of a grant may not exceed 24 months from the date of the grant agreement unless the Secretary or the Secretary's designee agrees in writing to an additional grant period. Extensions may be granted only for 1 period of not more than 24 months.

B. Disbursement. Disbursement shall be made as the eligible activity progresses based upon requests for disbursement submitted by the grantee in a form satisfactory to the Trust.

C. Expenditure Rate. The Trust may:

(1) Cancel the grant and withhold any funds not yet disbursed if the grantee has not expended all grant funds within the period set forth in §B of this regulation, and the grant documents may prescribe a shorter period of time if the circumstances of the eligible activity warrant it; or

(2) Extend the time limit if the grantee demonstrates that the circumstances warrant extension, such as an inability to satisfy the time limit because of circumstances beyond the grantee's control.

D. Nondiscrimination; Compliance with Law. Each grantee shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding drug-free and alcohol-free workplaces, handicapped access, and equal opportunity in employment, housing, and credit practices, and prohibiting discrimination on the basis of race, color, creed, religion, national origin, sex, age, marital status, familial status, or physical or mental handicap, in any aspect of the grant, including but not limited to:

(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;

(2) Title VIII of the Civil Rights Act of 1968, as amended;

(3) The Americans with Disabilities Act of 1990, as amended;

(4) Article 49B, Annotated Code of Maryland, as amended;

(5) The Governor's Code of Fair Practices, as amended;

(6) The Maryland Accessibility Code, COMAR 05.02.02, as amended; and

(7) Executive Order 01.01.1989.18 relating to drug-free and alcohol-free workplaces, and any Departmental regulations adopted or to be adopted to carry out the requirements of that Order.

E. Grant Agreement. The Department shall enter into a grant agreement with each successful applicant. The grant agreement shall be signed by the Secretary or the Secretary's designee on behalf of the Department.

F. Other Requirements. The Trust may establish other terms and conditions in the grant documents which the Trust considers reasonable and necessary to accomplish the objectives of the Program or to assure compliance with all federal, State, and local laws, ordinances, and regulations, and Departmental programs and policies.

Cross References

34.04.04.06B(3)

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.10 Grantee Administration.

A. Books, Accounts, and Records.

(1) Grantees, contractors, and subcontractors shall maintain those books, accounts, and records, using normally accepted accounting procedures, and shall file with the Trust those financial and other reports as the Trust may from time to time require. All of these books, accounts, and records shall be open to inspection by representatives of the Department or other agencies of the State during reasonable working hours before, during, or after the period of time during which grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Department upon request.

(2) Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for up to 3 years after either the date of grantee's final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later.

B. Reports. Grantees shall submit a final report, and interim reports as may be required by the Trust.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.11 Program Administration.

A. Except for waivers, any action or decision required or permitted to be taken or made by the Trust under these regulations may be taken or made by the Director or the Director's designee.

B. The Department may terminate a grant, refuse to make additional disbursements under the grant agreement, or suspend or debar a grantee as provided in COMAR 05.01.05, if the Secretary finds that the grantee is not complying with any of the requirements of the Program or the grant documents.

C. The Trust from time to time may establish operational handbooks or manuals governing matters relating to the Program, including descriptive statements of Program procedures which do not directly affect the:

(1) Rights of the public; or

(2) Procedures available to the public.

D. Waiver. The Secretary may waive or vary particular provisions of these regulations if:

(1) The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

(2) In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland
COMAR 34.04.04.12 False Statements.

A. A person may not knowingly make or cause to be made any material misstatement of fact, in a statement or report in or regarding an application for a grant or affecting a grant already made.

B. A person who violates any provision of this regulation is:

(1) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both; and

(2) Subject to immediate cancellation and reimbursement of the grant.

History

  • Administrative History: Effective date: November 12, 1990 (17:22 Md. R. 2654)
  • Administrative History: Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273)
  • Administrative History: Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)
  • Authority: State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland

34.04.05 Maryland Register of Historic Properties

COMAR 34.04.05.01 General.

These regulations prescribe the policies, procedures, and requirements for the Maryland Historical Trust, an agency within the Department of Planning, to compile and maintain a Maryland Register of Historic Properties, as required by State Finance and Procurement Article, §§5A-318(c)(2) and 5A-323(b), Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.02 Objectives.

A. The objectives of these regulations are to create a Maryland Register of Historic Properties, to provide procedures for the Maryland Historical Trust to list properties on the Maryland Register of Historic Properties, and to determine whether properties are eligible for listing.

B. Generally, properties will be listed on the Maryland Register of Historic Properties because they have been listed in, or determined eligible for listing in, the National Register of Historic Places under federal procedures. Other properties will be evaluated for eligibility for, and listed on, the Maryland Register of Historic Properties if the Maryland Historical Trust deems that the properties otherwise may be eligible for listing on the National Register but time or other circumstances will not permit evaluation or listing on the National Register under federal procedures.

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.03 Definitions.

A. In this chapter, the following terms have the meanings defined in the Act, if any, and, in addition, have the meanings indicated.

B. Terms Defined.

(1) “Act” means State Finance and Procurement Article, §§5A-318(c)(2) and 5A-323, Annotated Code of Maryland.

(2) “Building” means a structure or historically related complex created to shelter any form of human activity.

(3) “Character” or “character of a property” means the physical features, setting, or contents of a property which contribute to eligibility of the property for listing on the Register.

(4) “County” means the Mayor and City Council of Baltimore, or any of the 23 counties in the State.

(5) “Director” means the Director of the Maryland Historical Trust.

(6) “District” means a geographically defined area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, monuments, or objects united by past events or aesthetically by plan or physical development, including individual elements separated geographically but linked by association or history.

(7) “Exceptional importance” means supported by deliberate and distinct justification that the property exceeds the minimum criteria for eligibility for the Maryland Register of Historic Properties under Regulation .07, including, for example, being:

(a) Related to an extraordinarily important event;

(b) A rare survivor of a fragile property type;

(c) The best representative of a historic context; or

(d) A source of data superior to or different from that obtainable in any other source.

(8) “Federal preservation officer” means the official designated by the head of each agency of the United States government to be responsible for coordinating that agency's activities under the National Historic Preservation Act, 16 U.S.C. §§470—470mm, as amended.

(9) “Governor's Consulting Committee” means the Governor's Consulting Committee on the National Register of Historic Places that reviews nominations from Maryland to the National Register under the National Historic Preservation Act.

(10) Historic Context.

(a) “Historic context” means a systematic aggregation of information about properties for a specific geographic region, chronological or developmental period, and prehistoric or historic theme. Historic contexts describe one or more aspects of the historic development of an area and identify the significant historic patterns that individual properties represent.

(b) “Historic context” includes those historic contexts developed in accordance with the State's historic preservation planning process set forth in the Maryland Comprehensive Historic Preservation Plan (June 1986), which is incorporated by reference, and particularly in Chapter IV and Appendices 3—6 of the Plan.

(11) Historic Property.

(a) “Historic property” means any district, site, building, structure, monument, or object significant in the prehistory, history, terrestrial or submerged archaeology, architecture, engineering, or culture of the State.

(b) “Historic property” includes artifacts, records, and remains that are related to the properties referred to in this section.

(12) “Internal Revenue Code” means 26 U.S.C., as amended.

(13) “Local government” means any county, municipality, or other political subdivision of the State.

(14) “Maryland Public Information Act” means State Government Article, §§10-611—10-628, Annotated Code of Maryland, as amended, and any regulations promulgated under that statute.

(15) “Maryland Register of Historic Properties” means the Maryland Register of Historic Properties which is compiled and maintained by the Trust under the Act.

(16) “Monument” means a construction made and erected to commemorate a person or event.

(17) “Municipality” means any municipal corporation in the State subject to the provisions of Article XI-E of the Maryland Constitution.

(18) “National Historic Preservation Act” means 16 U.S.C. §§470—470mm, as amended.

(19) “National Register” means the National Register of Historic Places created and maintained under the National Historic Preservation Act.

(20) “Object” means a material thing made or manipulated by man and of functional, aesthetic, cultural, historical, or scientific value, that by nature or design may be movable yet is related to a specific setting or environment.

(21) “Owner” means the person or persons holding fee simple title to a property or the lessee or lessees of a property under a long-term ground lease as shown on current real property tax records.

(22) “Person” means an individual, partnership, corporation, or federal agency, State unit, or local government.

(23) “Property” means any district, site, building, structure, monument, or object.

(24) “Property type” means a grouping of individual properties based on shared physical or associative characteristics.

(25) “Secretary of the Interior” means the Secretary of the United States Department of Interior.

(26) “Site” means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

(27) “State Historic Preservation Officer (SHPO)” means the official designated by the Governor to administer the State's historic preservation program and to perform the duties described in 36 CFR §61.4, including nominating properties to the National Register.

(28) “State Submerged Artifact Register” means the State Submerged Artifact Register established under COMAR 34.04.03.14.

(29) “State unit (unit)” has the meaning set forth in State Government Article, §11-101, Annotated Code of Maryland.

(30) “Structure” means a construction made up of interdependent and interrelated parts in a definite pattern of organization.

(31) “Substantial risk” means some objective likelihood that an event will occur.

(32) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

(33) “Unit official” means the head of a State unit, or the duly authorized designee, requesting or responsible for, or with authority over, a specific undertaking or assisted undertaking for which the Trust has review authority under State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, or regulations adopted under those statutes.

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.04 Properties Included in the Maryland Register of Historic Properties.

A. The Director shall list on the Maryland Register of Historic Properties all properties that are:

(1) Included as Maryland properties on the National Register;

(2) Nominated to the Maryland Register of Historic Properties by the SHPO under Regulation .05 of this chapter; or

(3) Determined eligible for listing on the Maryland Register of Historic Properties under Regulation .06 or .09 of this chapter.

B. The Director shall maintain a current list of properties on the Maryland Register of Historic Properties and shall make the list available to a person upon request, subject to the provisions of Regulation .10 of this chapter.

Cross References

34.04.05.08A(2)

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.05 Listing by Nomination.

The SHPO shall nominate a property to the Maryland Register of Historic Properties if:

A. The SHPO nominates, renominates, or makes major revisions to a nomination of the property to the National Register; or

B. A federal preservation officer has determined the property eligible for listing on the National Register and the SHPO has concurred in the determination.

Cross References

34.04.05.04A(2)

34.04.05.08C

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.06 Listing by Determination of Eligibility.

A. Initiating a Determination.

(1) A person may request that the Director evaluate a property for eligibility for the Maryland Register of Historic Properties when federal procedures may not permit a timely determination of eligibility of the property for the National Register.

(2) The Director may evaluate a property for eligibility for the Maryland Register of Historic Properties at any time that:

(a) The SHPO considers a request for certification that the property is eligible under the Internal Revenue Code for federal rehabilitation tax benefits;

(b) The Trust consults regarding the property with:

(i) A unit official under State Finance and Procurement Article, §5A-325, Annotated Code of Maryland, or

(ii) An applicant for a permit, license, or financial assistance under State Finance and Procurement Article, §5A-326, Annotated Code of Maryland;

(c) The Trust considers a request for certification under the Tax-General Article, Tax-Property Article, or State Finance and Procurement Article, §5A-303, Annotated Code of Maryland, that the property is eligible for historic property tax benefits;

(d) The Trust has included the property in the State Submerged Artifact Register;

(e) The Trust reviews an application for a historic preservation grant for the property under State Finance and Procurement Article, §5A-328, Annotated Code of Maryland;

(f) The Trust reviews an application for a historic preservation loan for the property under State Finance and Procurement Article, §5A-327, Annotated Code of Maryland;

(g) The Trust reviews an offer of a historic preservation or conservation easement on the property; or

(h) A historic property located outside the State, of exceptional importance to the State, would be eligible for one of the programs described in §A(2)(a)—(g) of this regulation if the property were located in the State.

B. Forms and Documentation.

(1) A request for determination of eligibility shall be made upon standard forms prescribed by the Trust.

(2) The request shall include sufficient information and documentation to evidence:

(a) The location and owner of the property; and

(b) How the property satisfies the requirements of Regulation .07 of this chapter.

C. Making Eligibility Determinations. In making a determination of eligibility, the Director:

(1) Shall consider the most current information available;

(2) May request comments from the National Register branch of the National Park Service of the U.S. Department of the Interior, the SHPO, the local historic district commission, if any, or any other person likely to have knowledge of the property;

(3) Shall determine whether the property is eligible based upon the criteria listed in Regulation .07 of this chapter within 30 days after all information and documentation required under §B of this regulation is received; and

(4) Shall mail notice of the determination under §C(3) of this regulation within 15 days after the determination to a person who requested the evaluation of eligibility, and a person requesting notice.

Cross References

34.04.05.07A

34.04.05.08B(1)(b)

34.04.05.09A(2)

34.04.05.09B(2)

34.04.05.09D(2)

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.07 Criteria.

A property is eligible for the Maryland Register of Historic Properties if it:

A. Is located in the State, or is a property described in Regulation .06A(2)(h) of this chapter;

B. Possesses integrity of location, design, setting, materials, workmanship, and historic character and association;

C. Qualifies because it:

(1) Is associated with:

(a) Events that have made a significant contribution to the broad patterns of State history, or

(b) The lives of persons significant in the State's past;

(2) Represents:

(a) The work of a master, or

(b) A significant and distinguishable entity whose components individually may lack distinction;

(3) Embodies the distinctive characteristics of a type, period, or method of construction;

(4) Possesses high artistic values; or

(5) Has yielded, or is likely to yield, information important in the prehistory or history of the State;

D. Is representative of a property type that, within a historic context, satisfies the requirements of §§B and C of this regulation;

E. Retains the minimum specific physical characteristics or data which define the ability of that property type, within that historic context, to satisfy the requirements of §§B and C of this regulation; and

F. Is not a cemetery, birthplace, or grave of a historical figure, a property owned by religious institutions or used for religious purposes, a structure that has been moved from its original location, a historic building that has been reconstructed, a property primarily commemorative in nature, or a property that has achieved significance within the past 50 years, unless it is:

(1) An integral part of a district that meets the criteria in §§A—E of this regulation;

(2) A religious property deriving primary significance from architectural or artistic distinction or historical importance;

(3) A building or structure removed from its original location but which is significant primarily for architectural value or is the surviving structure most importantly associated with a historical person or event;

(4) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with that person's productive life;

(5) A cemetery which derives its primary significance from:

(a) Graves of persons of transcendent importance,

(b) Age,

(c) Distinctive design features, or

(d) Association with historic events;

(6) A building reconstructed accurately in a suitable environment, and presented in a dignified manner as part of a restoration master plan, if no other building or structure with the same association has survived;

(7) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested the property with its own exceptional significance; or

(8) A property achieving significance within the past 50 years if at the time of evaluation it is of exceptional importance to the State.

Cross References

34.04.05.06B(2)(b)

34.04.05.06C(3)

34.04.05.08B(1)(a)

34.04.05.09A(1)

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.08 Removing Properties from the Maryland Register of Historic Properties.

A. The Director may remove a property from the Maryland Register of Historic Properties if the Director determines that the property:

(1) Was listed on the Maryland Register of Historic Properties in violation of the procedures established by these regulations; or

(2) If listed on the Maryland Register of Historic Properties under Regulation .04A(1) of this chapter, has been removed from the National Register.

B. The Director shall remove from the Maryland Register of Historic Properties a property nominated or determined eligible under Regulation .05 or .06 of this chapter if:

(1) The Director determines that the property:

(a) No longer meets the criteria set forth in Regulation .07 of this chapter, or

(b) Except for properties evaluated for eligibility under Regulation .06A(2)(h) of this chapter, has been permanently moved from the State; or

(2) The Governor's Consulting Committee has determined under Regulation .09 of this chapter that the property is not eligible.

C. The SHPO shall notify the Director if the SHPO becomes aware that any property which the SHPO nominated under Regulation .05 of this chapter must be removed from the Maryland Register of Historic Properties under §A(2)of this regulation.

D. Removal from the Maryland Register of Historic Properties shall take effect on the date of the Director's determination.

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.09 Administrative Review.

A. A person may request that the Governor's Consulting Committee review the Director's determination of eligibility for compliance with:

(1) The criteria listed in Regulation .07 of this chapter; or

(2) The procedures under Regulation .06 of this chapter.

B. The request shall:

(1) Be made in writing;

(2) Be delivered to the chairman of the Governor's Consulting Committee and the Director within 30 days after the Director, in accordance with Regulation .06C(4) of this chapter, mails notice of the determination of eligibility; and

(3) Include:

(a) A statement of the basis for the review, and

(b) Any documentation, correspondence, or other evidence relevant to the review.

C. Within 90 days after receipt of the request, the Governor's Consulting Committee shall:

(1) Determine whether the property is eligible; and

(2) Notify the person requesting review and the Director of the Committee's decision.

D. A determination under §C of this regulation shall be based upon a finding as to whether:

(1) There is an adequate basis under the criteria listed in Regulation .07 for the Director's determination of eligibility; or

(2) The Director in making his determination followed the procedures set forth in Regulation .06 of this chapter.

E. The decision of the Governor's Consulting Committee shall be final and not a contested case within the meaning of State Government Article, §§10-201—10-217, Annotated Code of Maryland.

Cross References

34.04.05.08B(2)

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.10 Public Information.

A. The Director reserves the right to retain and distribute information obtained by the Director under these regulations for statistical, research, or educational purposes, subject to the provisions of the Maryland Public Information Act.

B. If the information obtained by the Director under §A of this regulation relates to the location and character of a property and the Director determines under State Finance and Procurement Article, §5A-323(c), Annotated Code of Maryland, that disclosure will create a substantial risk of harm, theft, or destruction to the property or the area or place where the property is located, the information shall be kept confidential.

Cross References

34.04.05.04B

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland
COMAR 34.04.05.11 Program Administration.

A. Operational Manuals. The Trust may establish from time to time operational handbooks or manuals relating to the Maryland Register of Historic Properties, including descriptive statements of procedures which do not affect directly the rights of, or the procedures available to, the public.

B. Waiver. The Director may waive or vary particular provisions of these regulations if:

(1) The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

(2) In the written determination of the Director, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

History

  • Administrative History: Effective date: November 11, 1991 (18:22 Md. R. 2393)
  • Administrative History: Regulation .06A amended effective December 25, 2000 (27:25 Md. R. 2279)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.05 to COMAR 34.04.05
  • Authority: State Finance and Procurement Article, §§5A-318(b)(1) and (c)(2) and 5A-323(b)(2), Annotated Code of Maryland

34.04.06 Transfer of Human Remains and Associated Funerary Objects

COMAR 34.04.06.01 General.

These regulations govern implementation by the Maryland Historical Trust of Ch. 645, Acts of 1992, known as the Transfer of Human Remains Held by the Maryland Historical Trust Act and codified as State Finance and Procurement Article, §5A-339, Annotated Code of Maryland. The Act permits the Maryland Historical Trust to permanently transfer human remains and associated funerary objects in its possession, custody, or control to descendants and culturally affiliated groups. The Act also permits the Trust to temporarily transfer human remains and associated funerary objects to certain qualifying organizations or institutions for purposes of study. To the extent reasonably possible based on information known to the Trust, these regulations assure that transfers of human remains and associated funerary objects by the Trust, when permitted by the Act, occur with notice to and advice and input from lineal descendants, culturally affiliated groups, and other interested entities.

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.02 Definitions.

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

B. Terms Defined.

(1) “Advisory Committee on Archeology” means the Advisory Committee on Archeology established by State Finance and Procurement Article, §5A-336, Annotated Code of Maryland.

(2) “Associated funerary object” or “object” means:

(a) An item of human manufacture or use that is intentionally placed with human remains:

(i) In a burial site at the time of interment; or

(ii) After interment as a part of a death ceremony of a culture, religion, or group; or

(b) A gravestone, monument, tomb, or other structure in or directly associated with a burial site.

(3) “Burial Committee” means a Burial Sites and Objects Review Committee appointed in accordance with Regulation .04 of this chapter.

(4) “Commission on Indian Affairs” means the Commission on Indian Affairs established by State Government Article, §9.5-302, Annotated Code of Maryland.

(5) Cultural Affiliation.

(a) “Cultural affiliation” means a relationship of shared group identity or culture that can reasonably be traced historically or prehistorically between a present-day community and an identifiable earlier community.

(b) For a Native American tribe, “cultural affiliation” includes a shared group identity that can be traced between a present-day Native American tribe and an earlier Native American group, such as by establishing that the tribe has been identified from historic or prehistoric times to the present as descending from members of the earlier Native American group, if the earlier Native American group:

(i) Was a population biologically distinct from other contemporaneous Native American groups; or

(ii) Is identified in the archeological record by distinct patterns of material culture manufacture and distribution methods.

(6) “Director” means the Director of the Maryland Historical Trust.

(7) “Ethnic associated funerary object” means an associated funerary object that is identified in the inventory as being associated with a community that is represented by an ethnic commission.

(8) “Ethnic commission” means:

(a) The Commission on Indian Affairs;

(b) The Governor’s Commission on Asian Pacific American Affairs reestablished by Executive Order 01.01.2007.19;

(c) The Governor’s Commission on Hispanic Affairs reestablished by Executive Order 01.01.2007.21;

(d) The Governor’s Commission on Middle Eastern American Affairs established by Executive Order 01.01.2007.22;

(e) The Governor’s Commission on South Asian American Affairs established by Executive Order 01.01.2012.17; or

(f) The Commission on African American History and Culture established by State Government Article, §9.5-402, Annotated Code of Maryland.

(9) “Ethnic remains” means human remains that are identified in the inventory as being associated with a community that is represented by an ethnic commission.

(10) “Human remains” or “remains” means any part of the body of a deceased human being in any state of decomposition.

(11) “Inventory” means the inventory of human remains and associated funerary objects completed and maintained by the Trust in accordance with Regulation .05 of this chapter.

(12) Lineal Descendant.

(a) “Lineal descendant” means a person who, with respect to another person, is in a direct line of ancestry to that other person such as a child, grandchild, great-grandchild, and on forever.

(b) For a Native American individual, “lineal descendant” includes a person who can be traced to another by means of the traditional kinship system used by the Native American tribe of which the person is a member.

(13) “Maryland Historical Trust” or the “Trust” means the Maryland Historical Trust established by State Finance and Procurement Article, §5A-310, Annotated Code of Maryland.

(14) “Native American” means of, or relating to, a tribe, band, clan, group, people, or culture indigenous to the United States of America.

(15) “Native American tribe” means a tribe, band, clan, or group of Native Americans which:

(a) Meets the requirements for recognition as an Indian tribe under the provisions of the federal Native American Grave Protection and Repatriation Act, 25 U.S.C. §§3001—3013;

(b) Has obtained recognition of Maryland Indian status in accordance with State Government Article, §9.5-309, Annotated Code of Maryland; or

(c) Has been granted recognition of Native American or Indian status by another state of the United States.

(16) “Requester” means a person, group, museum, institution, or organization that requests the transfer of human remains or an associated funerary object under Regulation .07 or .09 of this chapter.

(17) “Secretary” means the Secretary of Planning.

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.03 Repose of Human Remains in the Possession, Custody, or Control of the Trust.

A. Human remains in the possession, custody, or control of the Trust shall be placed in an appropriate place of repose.

B. A location is an appropriate place of repose if it is dedicated solely for disposition of human remains and assures that:

(1) The remains are not in open view of the general public;

(2) The remains are kept above or below ground, as appropriate, in conditions conducive to long-term preservation;

(3) The remains of specific individuals or groups of remains are not intermixed with remains unrelated by ethnicity, descent, or place of recovery;

(4) The remains of specific individuals or groups of related remains can be removed for purposes of:

(a) Transfer under Regulation .07 of this chapter to a lineal descendant or a group with a cultural affiliation; or

(b) Study under Regulation .09 or .10 of this chapter; and

(5) Members of the public do not have access to the remains except as may be permitted by staff of the Trust.

C. For Native American human remains, the Secretary may consult with the Commission on Indian Affairs to determine an appropriate place of repose.

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.04 Burial Sites and Objects Review Committee.

A. The Secretary shall appoint a Burial Sites and Objects Review Committee on an ad hoc basis as may be required under this chapter to conduct reviews or provide comment.

B. Membership.

(1) For a matter that requires review by a Burial Committee and concerns ethnic remains or an ethnic associated funerary object, the Burial Committee shall consist of:

(a) One member from nominations submitted to the Secretary by the Advisory Committee on Archeology;

(b) One member from staff of the Trust appointed by the Director;

(c) The Executive Director of the Governor’s Office of Community Initiative or the Executive Director’s appointee; and

(d) Two members from nominations submitted to the Secretary by the ethnic commission that represents the community with which the item is associated.

(2) For a matter that requires review by a Burial Committee and concerns other than ethnic remains or an ethnic associated funerary object, the Burial Committee shall consist of:

(a) One member from nominations submitted to the Secretary by the Advisory Committee on Archeology;

(b) One member from the staff of the Trust appointed by the Director; and

(c) The Executive Director of the Governor’s Office of Community Initiative or the Executive Director’s appointee.

C. The Executive Director of the Governor’s Office of Community Initiative or the Executive Director’s appointee shall serve as chair of a Burial Committee appointed in accordance with this regulation.

D. A member of a Burial Committee shall serve without compensation but is entitled to reimbursement for expenses as permitted by law.

Cross References

34.04.06.02B(3)

34.04.06.07G(3)(b)

34.04.06.08B(1)

34.04.06.09F(2)(b)

34.04.06.10B(3)

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.05 Inventory of Human Remains and Associated Funerary Objects.

A. The Trust shall prepare and maintain an inventory of all human remains and associated funerary objects in its possession, custody, or control.

B. Contents of the Inventory. The inventory shall include:

(1) For human remains:

(a) A description of whether the remains are of a complete or partial skeleton, bone fragments, or a cremation; and

(b) Information sufficient to identify the remains by individual or by skeletal types or elements when the remains cannot be identified by individual;

(2) For an associated funerary object:

(a) A description of the object; and

(b) The identity of the human remains with which the object was interred or found, if known;

(3) The location, if known, where the remains or object were disinterred or found;

(4) To the extent determinable to a reasonable degree of certainty:

(a) The identities of any lineal descendants;

(b) The identities of any groups that have a cultural affiliation with the remains or object;

(c) The ethnicity of the remains or of the individual with whom an object is associated; and

(d) A summary of the evidence used to make these determinations; and

(5) If obtained by or known to the Trust:

(a) The name of the site from which the Trust obtained possession, custody, or control of the item;

(b) The date that the Trust obtained possession, custody, or control of the item;

(c) Information concerning the circumstances under which the Trust obtained possession, custody, or control of the item, including any information that identifies from whom the Trust acquired the item; and

(d) The identity or identities of any study, report, or other documentation related to the item.

C. Distribution of Inventory.

(1) Promptly after adding an item of human remains or an associated funerary object to the inventory, the Trust shall as may be practicable send a copy of the inventory for that item to:

(a) Any person identified in the inventory as a lineal descendant;

(b) Any group identified in the inventory as having a cultural affiliation;

(c) If the item is Native American remains or has a cultural affiliation to a Native American tribe, the Commission on Indian Affairs;

(d) If the item is remains of or has a cultural affiliation to an ethnic group for which there is an ethnic commission, the relevant ethnic commission; and

(e) Any other person or group that the Trust determines may be likely to assist with identifying lineal descendants or groups with a cultural affiliation.

(2) To each person, group, or commission that the Trust sends a copy of an inventory pursuant to this section, the Trust shall send with the copy information on the Trust’s procedures for persons or groups to:

(a) Request transfer of human remains or associated funerary objects; and

(b) Obtain copies of any documents maintained by the Trust that are identified in the inventory.

D. Requests for Inventory and Documentation. The Trust shall consider any request for copies of the inventory or of documents identified in the inventory in accordance with the provisions of the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

E. The Trust shall post on its website a copy of the inventory for all human remains and associated funerary objects that are in the Trust’s possession, custody, or control.

Cross References

34.04.06.02B(11)

34.04.06.10A

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.06 Petition to Identify Lineal Descendant or Cultural Affiliation.

A. Petition to Identify Lineal Descendant.

(1) A person not identified in the inventory as a lineal descendant of listed human remains or an associated funerary object may submit to the Trust a petition to be identified in the inventory as a lineal descendant.

(2) A petition submitted pursuant to this section shall include documentation or other evidence that establishes, by a preponderance of the evidence, that the petitioner is a lineal descendant of the remains or object.

B. Petition to Identify Cultural Affiliation.

(1) A group not identified in the inventory as having a cultural affiliation with listed human remains or an associated funerary object may submit to the Trust a petition to be identified in the inventory as a culturally affiliated group.

(2) A petition submitted pursuant to this section shall include documentation or other evidence that establishes, by a preponderance of the evidence, that:

(a) The petitioner has a cultural affiliation with the remains or object; and

(b) If the petitioner is a Native American tribe:

(i) The deceased individual was a member of a Native American tribe or group; and

(ii) The petitioner has a cultural affiliation with the Native American tribe or group of which the deceased individual was a member.

(3) The documentation or evidence required by this section may include historical, geographical, kinship, biological, archeological, anthropological, or linguistic information, folklore, oral history, tradition, or other relevant information or expert opinion.

C. Review of Petition.

(1) For a petition submitted under §A of this regulation, the Director shall within 90 days of the Trust’s receipt of the petition:

(a) Review the petition;

(b) Determine whether to grant or deny the petition; and

(c) Send written notice to the petitioner of the Director’s determination.

(2) For a petition submitted under §B of this regulation, the Director shall:

(a) If the petition is from a group that claims a cultural affiliation based on an ethnicity for which there is an ethnic commission, send to the relevant ethnic commission:

(i) A copy of the petition; and

(ii) A request that, within 60 days of the Director sending the copy, the commission provide to the Director the commission’s comments, if any, on the petition; and

(b) Within 120 days of the Trust’s receipt of the petition:

(i) Review the petition and any comments received by the Director from an ethnic commission;

(ii) Determine whether to grant or deny the petition; and

(iii) Send written notice to the petitioner of the Director’s determination.

D. After the Director makes a determination on a petition under §C of this regulation, the Trust shall:

(1) Promptly return to the petitioner any original documents and personal memorabilia submitted by the petitioner; and

(2) Retain a copy of all original documents and an inventory of all personal memorabilia submitted with the petition.

E. A determination of the Director made under §§C of this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

34.04.06.07B(4)

34.04.06.07B(5)

34.04.06.10A

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.07 Requests for Transfer of Human Remains and Associated Funerary Objects to Lineal Descendants or Culturally Affiliated Groups.

A. In all instances where this regulation requires the Trust to send notice of a request to a person or group, the requirement only applies if through the exercise of due diligence the Trust is able to locate the person or group.

B. Requests for Transfer. A person or group may request that the Trust transfer to the requester human remains or an associated funerary object identified in the inventory by sending a written request to the Trust that includes:

(1) The identity of the remains or object as stated in the inventory;

(2) If the request is made by a person as a lineal descendant, information sufficient for the Trust to verify that the requester is a person identified as a lineal descendant in the inventory for the remains or object;

(3) If the request is made by or on behalf of a group that claims a cultural affiliation, information sufficient for the Trust to verify that the group for which the request is made is a group identified in the inventory as having a cultural affiliation to the remains or object;

(4) If the requester is a person not listed in the inventory for the remains or object as a lineal descendant, a petition filed in accordance with Regulation .06 of this chapter to identify the person in the inventory as a lineal descendant; and

(5) If the requester is a group not identified in the inventory as a group with a cultural affiliation to the remains or object, a petition filed in accordance with Regulation .06 of this chapter to identify the group in the inventory as a group with a cultural affiliation.

C. Review of Requests Not Made by a Lineal Descendant or Group with a Cultural Affiliation. If the requester is not a lineal descendant or a group with a cultural affiliation, the Director shall:

(1) Deny the request; and

(2) Send written notice of the denial to the requester within 30 days of the Trust’s receipt of the request.

D. Review of Requests Made by a Lineal Descendant or Group with a Cultural Affiliation for Other than Ethnic Remains or Ethnic Associated Funerary Objects. Subject to §G of this regulation, for a request for transfer of an item that is other than ethnic remains or an ethnic associated funerary object, the Director shall:

(1) If the requester is a lineal descendant:

(a) Approve the request; and

(b) Send written notice of the approval to the requester within 30 days of the Trust’s receipt of the request; or

(2) If the requester is a group with a cultural affiliation:

(a) Within 15 days of receipt of the request, send to each lineal descendent and any other group with a cultural affiliation as identified in the inventory:

(i) A copy of the request; and

(ii) Notice that the request may be approved and the item transferred in accordance with the request if the recipient of the notice does not send to the Trust within 45 days of the date of the notice the recipient’s written comments on the request or the recipient’s request for transfer of the item to the recipient;

(b) Consider any comments or requests made pursuant to this subsection;

(c) Approve the request if:

(i) No objection is made under this subsection by a lineal descendant; and

(ii) The Director determines that the transfer is appropriate;

(d) Deny the request if an objection is made under this subsection by a lineal descendant; and

(e) Send written notice of the approval or denial to the requester within 90 days of the Trust’s receipt of the request.

E. Review of Requests from a Lineal Descendant or Group with a Cultural Affiliation for Ethnic Remains or Ethnic Associated Funerary Objects. Subject to §G of this regulation, for a request from a lineal descendant or group with a cultural affiliation for transfer of an item that is ethnic remains or an ethnic associated funerary object, the Director shall:

(1) Within 15 days of receipt of the request, send a copy of the request to:

(a) Each lineal descendent identified in the inventory for the item requested;

(b) Each group with a cultural affiliation identified in the inventory for the item requested; and

(c) The ethnic commission that represents the community with which the item is associated;

(2) With each copy of a request sent pursuant to this section, include notice that:

(a) The recipient may within 45 days of the date of the notice provide to the Trust written comment on the request; and

(b) The request may be approved and the item transferred in accordance with the request if the recipient does not send to the Trust within 45 days of the date of the notice a written:

(i) Objection to the request; or

(ii) Request for transfer of the item to the recipient;

(3) Consider any comments or requests made pursuant to this section;

(4) If the requester is a lineal descendant, approve the request;

(5) If the requester is a group with a cultural affiliation:

(a) Approve the request if:

(i) No objection is made under this section by a lineal descendant; and

(ii) The Director determines that the transfer is appropriate; or

(b) Deny the request if an objection is made under this section by a lineal descendant; and

(6) Send written notice of the approval or denial to the requester within 90 days of the Trust’s receipt of the request.

F. Subject to §G of this regulation and applicable federal law, the Trust shall promptly transfer human remains or associated funerary objects that the Director has approved for transfer.

G. Competing Approvable Requests.

(1) If, before the Trust transfers remains or an object in accordance with this regulation, the Trust receives more than one approvable request under this regulation for transfer of the remains or object, the competing approvable requests shall be resolved in accordance with this section.

(2) If the competing approvable requests include one request from a lineal descendent and one or more requests from a group with a cultural affiliation, the request of the lineal descendant shall be approved and any request from a group shall be denied.

(3) If the competing approvable requests include two or more from a lineal descendent or two or more from a group with a cultural affiliation:

(a) The Director shall make a request to the requesters that they:

(i) Attempt to come to a mutual agreement on the transfer; and

(ii) Inform the Director within 60 days of the date of the Director’s request of any agreement reached between the requesters; or

(b) If the requesters are unable to reach an agreement, the Trust shall refer the competing requests to a Burial Committee appointed in accordance with Regulation .04 of this chapter, which shall:

(i) Review the requests; and

(ii) Make a recommendation on the requests to the Secretary.

(4) For competing approval requests referred to a Burial Committee the under this section, the Secretary shall:

(a) Review the requests and the Burial Committee’s recommendation; and

(b) Make a determination on each request.

(5) A determination of the Secretary made under this section shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

34.04.06.03B(4)(a)

34.04.06.08A

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.08 Reconsideration of Denial of Request for Transfer.

A. Within 30 days of the date of notice from the Director under Regulation .07 of this chapter that a request for transfer of human remains or associated funerary objects has been denied, the requester may petition the Secretary in writing to submit the Director’s determination to a Burial Committee for its consideration.

B. Promptly after receipt of a petition made under §A of this regulation, the Secretary shall:

(1) Appoint a Burial Committee in accordance with Regulation .04 of this chapter; and

(2) Refer the petition to the Burial Committee.

C. For a petition for reconsideration referred to it under §B of this regulation, the Burial Committee:

(1) Shall review the request for transfer and the Director’s determination;

(2) May consider evidence relevant to the request for transfer that was not considered by the Director during the Director’s review; and

(3) Shall within 90 days of the date of referral:

(a) Determine whether the claimant is a lineal descendant or a group with a cultural affiliation as established under Regulation .06 or .07 of this chapter;

(b) Send a written recommendation to the Secretary concerning approval or denial of the request for transfer; and

(c) Provide to the Trust a copy of the recommendation.

D. Following receipt of the Burial Committee’s recommendation on a petition for reconsideration, the Secretary shall:

(1) Consider the:

(a) Request for transfer;

(b) Director’s determination;

(c) Burial Committee’s recommendation; and

(d) Standards for approving a request for transfer as established in Regulation .07 of the chapter;

(2) Grant or deny the petition; and

(3) Send written notice to the petitioner of the Secretary’s decision.

E. A decision of the Secretary made under this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.09 Transfer of Human Remains and Associated Funerary Objects for Study.

A. In all instances where this regulation requires the Trust to send notice of a request to a person or group, the requirement only applies if through the exercise of due diligence the Trust is able to locate the person or group.

B. Requests for Transfer.

(1) The Trust may upon written request transfer for study human remains or an associated funerary object identified in the inventory to a museum, institution of higher education, or scientific or historical institution or organization.

(2) A request under this section shall include:

(a) The identity of the remains or object as stated in the inventory;

(b) Information sufficient to assess the reputation of the museum, institution, or organization;

(c) A detailed description of the proposed study, including methodologies and techniques, research questions, and predicted results;

(d) An explanation of how the study is an essential part of a scientific research project;

(e) A plan and timetable not to exceed 1 year for completion of the study and return of the item to the Trust;

(f) The professional qualifications of the principal personnel who will conduct the study;

(g) A plan that identifies the location and method of securely storing, safeguarding, and caring for the item during the study; and

(h) A description of benefits of the study to the citizens of Maryland.

C. Requests for Items Culturally Affiliated with a Native American Tribe. The Trust shall deny a request made under §B of this regulation if the request is for the transfer of remains or an object that has a Native American cultural affiliation.

D. Requests for Items that Do Not Have a Native American Cultural Affiliation. Within 15 days of its receipt of a request made under §B of this regulation for transfer of remains or an object that does not have a Native American cultural affiliation, the Trust shall:

(1) Send a copy of the request to:

(a) Each lineal descendant identified in the inventory for the item requested;

(b) Each group with a cultural affiliation identified in the inventory for the item requested;

(c) The Advisory Committee on Archeology; and

(d) The ethnic commission that represents the community with which the item is associated, if any; and

(2) Include with the copy instructions that the recipient of the copy may within 45 days submit in writing to the Trust a response that may include:

(a) Comments on the request; and

(b) A statement as to whether the recipient approves or disapproves of the request.

E. The Director may approve a request made under §B of this regulation for the transfer of other than Native American human remains or associated funerary objects if:

(1) Subject to §F of this regulation, no person or group who receives notice under §D of this regulation informs the Trust in accordance with §D of this regulation that the person or group disapproves of the request;

(2) The Advisory Committee on Archeology and any ethnic commission has had an opportunity to review and comment on the request as provided under §D of this regulation;

(3) As proposed in the request, the requester will complete the study and return the item to the Trust within 1 year of the date of transfer; and

(4) The Director finds that the:

(a) Requester is a reputable museum, institution, or organization;

(b) Proposed study is an essential part of a scientific research project;

(c) Results of the study will be of benefit to the citizens of Maryland; and

(d) Requester’s plan for storing, safeguarding, and caring for the item during the study is appropriate.

F. Disputes.

(1) The Trust shall follow the procedures set forth in §F(2) of this regulation if the Trust receives responses under §D of this regulation from:

(a) Multiple lineal descendants and there is a disagreement within the responses as to whether the request for transfer should be approved; or

(b) Multiple groups with a cultural affiliation, and no lineal descendant, and there is a disagreement within the responses as to whether the request for transfer should be approved.

(2) In the event of a dispute that falls within §F(1) of this regulation:

(a) The Director shall make a request to the persons or groups that disagree on the request that they:

(i) Attempt to come to a mutual agreement on the request; and

(ii) Inform the Director within 60 days of the date of the Director’s request of any agreement reached between the persons or groups; and

(b) If no agreement is reached under §F(2)(a) of this regulation, the Trust shall submit the request for transfer and all response received under §D of this regulation to a Burial Committee appointed in accordance with Regulation .04 of this chapter, which shall:

(i) Review the request and responses; and

(ii) Make a recommendation on the request to the Secretary.

(3) For a dispute referred to a Burial Committee under this section, the Secretary shall:

(a) Review the request, the responses, and the Burial Committee’s recommendation; and

(b) Make a determination on the request.

G. Within 150 days of receipt of a request made under §B of this regulation or as soon as practicable if disputes are resolved or reviewed under §F of this regulation:

(1) The Director, or the Secretary as may be applicable under §F of this regulation, shall approve or deny the request; and

(2) The Trust shall send written notice of the approval or denial to:

(a) The entity that made the request; and

(b) All persons, groups, or entities who were sent a copy of the request under §D of this regulation.

H. The Director may, for reasons determined appropriate by the Director, place conditions on a transfer made under this regulation, including to address comments received from the Advisory Committee on Archeology or an ethnic commission.

I. A transferee of human remains or an associated funerary object under this regulation shall return the remains or object to the Trust within 1 year of the date of transfer unless:

(1) The transferee submits to the Trust prior to the 1-year deadline an application for extension that includes:

(a) A report that summarizes work completed on the project, including information on any preliminary results and tasks accomplished;

(b) An explanation of the reasons for why the extension is needed;

(c) A revised plan and timetable for completion of the study; and

(d) For a study that involves remains or objects for which a lineal descendant has been identified, a statement of approval of the extension from the lineal descendant; and

(2) The Director grants the extension, which:

(a) Shall be based on a finding that the applicant for the extension has made a good faith effort to complete the study on time; and

(b) May not exceed an additional year.

J. A decision on a request for transfer made by either the Secretary or the Director under this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

34.04.06.10B(1)

34.04.06.10B(2)

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland
COMAR 34.04.06.10 Study of Human Remains and Associated Funerary Objects by the Trust.

A. The Trust may study remains or associated funerary objects in its possession, custody, or control as may be necessary to complete the inventory under Regulation .05 of this chapter or conduct a review under Regulation .06 of this chapter.

B. The Trust may study remains or associated funerary objects in its possession, custody, or control for purposes other than those identified in §A of this regulation, if:

(1) The Advisory Committee on Archeology and, for ethnic remains or an ethnic associated funerary object, the applicable ethnic commission has had an opportunity under procedures consistent with those in Regulation .09D of this chapter to review and comment on the proposed study;

(2) The Trust follows procedures consistent with those in Regulation .09D of this chapter for notifying and obtaining consent from lineal descendants or groups with a cultural affiliation; and

(3) A Burial Committee appointed in accordance with Regulation .04 of this chapter:

(a) Reviews the proposed study and any comments or input obtained under this section; and

(b) Finds that:

(i) The study is an essential part of a scientific research project; and

(ii) Results of the study will be of benefit to the citizens of Maryland.

History

  • Administrative History: Effective date: May 23, 1994 (21:10 Md. R. 841)
  • Administrative History: Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: November 20, 1995 (22:23 Md. R. 1800)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)
  • Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland

34.04.07 Historic Revitalization Tax Credit Certifications

COMAR 34.04.07.01 Scope.

This chapter establishes procedures for certification by the Director of the Maryland Historical Trust of the rehabilitation of a certified historic structure. Certification of the rehabilitation of a certified historic structure is an eligibility requirement for a taxpayer to claim a historic revitalization tax credit.

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.02 Definitions.

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

B. Terms Defined.

(1) “Act” means State Finance and Procurement Article, §5A-303, Annotated Code of Maryland.

(2) “Affordable housing” means a housing project that has received an allocation of federal low-income housing tax credits by the Department of Housing and Community Development.

(3) “Agricultural structure” means a certified historic structure that is used or ever was used to directly contribute to the production, conversion, processing, storage, sale, or management of agricultural products such as livestock, horses, poultry, crops, trees, shrubs, plants, other vegetation, or aquaculture.

(4) “Business entity”:

(a) Means a person, as defined in State Finance and Procurement Article, §1-101(d), Annotated Code of Maryland, who conducts or operates a trade or business in the State that is:

(i) Registered to do business and in good standing with the Maryland State Department of Assessments and Taxation; and

(ii) Subject to State income tax as defined in Tax-General Article, §10-101(n), Annotated Code of Maryland;

(b) Means an organization conducting or operating a business in the State that is:

(i) Registered to do business and in good standing with the Maryland State Department of Assessments and Taxation; and

(ii) Exempt from taxation under §501(c)(3) of the federal Internal Revenue Code; and

(c) Includes the governing body of a condominium or cooperative housing corporation.

(5) “Certified historic structure” means a structure that is:

(a) Located in the State;

(b) Except as provided in §B(5)(c)(v) of this regulation, not owned by the State, a political subdivision of the State, or the federal government; and

(c) One of the following:

(i) Listed on the National Register of Historic Places;

(ii) Designated as a historic property under local law and determined by the Director to be eligible for listing on the National Register of Historic Places;

(iii) Located in a historic district listed on the National Register of Historic Places or in a local historic district that the Director determines is eligible for listing on the National Register of Historic Places, and certified by the Director as contributing to the significance of the district;

(iv) Located in an area established as a certified heritage area under Financial Institutions Article, §13-1101, Annotated Code of Maryland, and certified by the Maryland Heritage Areas Authority as contributing to the significance of the certified heritage area; or

(v) Located on property that is owned by the Department of Natural Resources or one of its units, occupied by a person under an agreement with the Department of Natural Resources under which the person pays for rehabilitation of the structure as a condition of occupancy, and either meets one of the criteria under §B(5)(c)(i)—(iv) of this regulation or is eligible to be listed in the National Register of Historic Places as determined by the Director.

(6) “Certified rehabilitation” means the rehabilitation of a certified historic structure that the Director determines was completed in conformance with the Standards for Certified Historic Structure Rehabilitation.

(7) “Common elements” means:

(a) All of a condominium except for the condominium units within the condominium; or

(b) All of a cooperative project except for the portions of the cooperative project that are leased, or are made available for lease, for exclusive occupancy by a stockholder or member of the cooperative housing corporation under a proprietary lease.

(8) “Condominium” means property subject to the condominium regime established under Real Property Article, Title 11, Annotated Code of Maryland.

(9) Condominium Unit.

(a) “Condominium unit” means a three-dimensional space identified as a unit in a declaration and on a condominium plat recorded in accordance with Real Property Article, Title 11, Annotated Code of Maryland, and includes all improvements contained within the space.

(b) Unless otherwise specified in the declaration or plat for the condominium, for a condominium created after July 1, 1981, “condominium unit” includes:

(i) If walls, floors, or ceiling are designated as boundaries for the unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the unit;

(ii) If any chute, flue, duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of the unit, any portion thereof serving only the unit; and

(iii) All spaces, interior partitions, and other fixtures and improvements within the boundaries of the unit.

(10) “Cooperative housing corporation” means a domestic or foreign corporation qualified in the State, either stock or nonstock, having only one class of stock or membership, in which each stockholder or member, by virtue of such ownership or membership, has an interest in a cooperative housing corporation, which interest is coupled with a possessory interest in real or personal property or both and evidenced by a membership certificate.

(11) “Cooperative project” means all real and personal property in the State owned or leased by a cooperative housing corporation for the primary purpose of residential use.

(12) “Director” means the Director of the Maryland Historical Trust.

(13) “Governing body” means:

(a) With respect to a condominium, the council of unit owners, board of directors, or any committee of the council of unit owners or board of directors of the condominium; or

(b) With respect to a cooperative housing corporation, the board of directors or other entity established to govern the cooperative housing corporation.

(14) “High performance building” means a building that:

(a) Meets or exceeds the current version of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) green building rating system gold rating; or

(b) Achieves at least a comparable rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretaries of Budget and Management and General Services.

(15) Historic Property.

(a) “Historic property” means a district, site, building, structure, monument, or object significant to:

(i) The prehistory or history of the State; or

(ii) The terrestrial or underwater archeology, architecture, engineering, or culture of the State.

(b) “Historic property” includes related artifacts, records, and remains.

(16) “Level 1 opportunity zone project” means a project that qualifies for either the Small Commercial Tax Credit or the Competitive Commercial Tax Credit under Regulation .03 of this chapter and is completed by a qualified opportunity zone business if, at the time of the Part 3 application under Regulation .06 of this chapter, the applicant includes in the application:

(a) The date of the qualified opportunity fund’s investment in the opportunity zone project and the amount of the investment;

(b) The total project or business investment, including leverage;

(c) The address and census tract for both the qualified opportunity zone business and the qualified opportunity fund; and

(d) An impact report that includes:

(i) Both qualitative and quantitative data on the qualified opportunity fund’s investment in the opportunity zone project; and

(ii) The progress of the qualified opportunity fund’s investment.

(17) “Level 2 opportunity zone project” means a project that qualifies for either the Small Commercial Tax Credit or the Competitive Commercial Tax Credit under Regulation .03 of this chapter and is completed by a qualified opportunity zone business if, at the time of the Part 3 application under Regulation .06 of this chapter, the applicant includes in the application:

(a) The date of the qualified opportunity fund’s investment in the opportunity zone project and the amount of the investment;

(b) The total project or business investment, including leverage;

(c) The address and census tract for both the qualified opportunity zone business and the qualified opportunity fund;

(d) An impact report that includes:

(i) Both qualitative and quantitative data on the qualified opportunity fund’s investment in the opportunity zone project; and

(ii) The progress of the qualified opportunity fund’s investment;

(e) Information demonstrating that:

(i) Accountability to residents of the communities within the qualified opportunity zone is maintained through representation on any governing or advisory board of the qualified opportunity zone business; or

(ii) A community benefits agreement has been negotiated and agreed to by and between the qualified opportunity zone business and community groups or strategic industry partnerships, as defined by Labor and Employment Article, §11-701, Annotated Code of Maryland, within the qualified opportunity zone that specifies a range of community benefits that the qualified opportunity zone business agrees to provide as part of the development project; and

(f) For an opportunity zone project:

(i) Located within a municipal corporation, a resolution or letter of the municipal corporation that demonstrates the municipality’s approval of the provision within the municipality of the tax credit; or

(ii) Not located within a municipal corporation, a resolution or letter of the county that demonstrates the county’s approval of the provision within the county of the tax credit.

(18) “Local historic district” means a district that has been designated by a county or municipal corporation, or the Mayor and City Council of Baltimore, as historic in accordance with local authority under Land Use Article, §8-105, Annotated Code of Maryland.

(19) “Opportunity zone project” means a certified rehabilitation that is located within a geographic area of the State designated and in effect as a qualified opportunity zone in the State under §1400Z-1 of the Internal Revenue Code.

(20) “Political subdivision” means a county or municipal corporation of the State.

(21) “Program” means the Historic Revitalization Tax Credit Program established under Regulation .03 of this chapter and authorized by the Act.

(22) “Post-World War II structure” mean a certified historic structure that was built after December 31, 1944, but before January 1, 1970.

(23) “Qualified opportunity fund” has the meaning stated in Economic Development Article, §6-1001, Annotated Code of Maryland.

(24) “Qualified opportunity zone” has the meaning stated in Economic Development Article, §6-1001, Annotated Code of Maryland.

(25) “Qualified opportunity zone business” has the meaning stated in Economic Development Article, §6-1001, Annotated Code of Maryland.

(26) “Qualified rehabilitation expenditure” means any amount that is:

(a) Properly chargeable to a capital account;

(b) Expended on a certified rehabilitation:

(i) Of a structure that is certified by the Director as a certified historic structure under Regulation .04 of this chapter (Part 1) by no later than the end of the calendar year during which the certified rehabilitation is completed;

(ii) In compliance with a rehabilitation plan approved by the Director under Regulation .05 of this chapter (Part 2); and

(iii) For work undertaken after approval by the Director of the rehabilitation plan under Part 2 and during a continuous 24-month period selected by the applicant; and

(c) Not funded, financed, or otherwise reimbursed by any:

(i) State or local grant;

(ii) Grant made from the proceeds of tax-exempt bonds issued by either the State or a political subdivision of the State, or any instrumentality thereof;

(iii) State tax credit other than the tax credit provided for under the Act; or

(iv) Other grant, loan, loan guarantee, tax benefit, or insurance made or financed by the State or a State unit, as defined by State Government Article, §11-101, Annotated Code of Maryland, other than a loan that must be repaid at an interest rate that is greater than the interest rate on general obligation bonds issued by the State at the most recent bond sale prior to the time the loan is made.

(27) “Rehabilitation” means the process of returning a structure to a state of utility, through repair or alteration, which makes possible an efficient use while preserving those portions and features of the structure and its site and environment which make the structure and its site and environment historically, architecturally, or culturally significant, and excludes alteration which is primarily remodeling, landscaping, or interior décor.

(28) “Reserve Fund” means the Historic Revitalization Tax Credit Reserve Fund established under the Act.

(29) “Secretary” means the Secretary of the Maryland Department of Planning.

(30) “Single-family, owner-occupied residence” means:

(a) A structure or a portion of a structure occupied by the owner and the owner’s immediate family as a primary or secondary residence; or

(b) A structure that is described under §B(5)(c)(v) of this regulation; or

(c) A residential unit in a cooperative project owned by or leased to a cooperative housing corporation, as defined in Corporations and Associations Article, §5-6B-01, Annotated Code of Maryland, and leased for exclusive occupancy to, and occupied by, a member of the corporation and the member’s immediate family under a proprietary lease.

(31) “Standards for Certified Historic Structure Rehabilitation” means the Secretary of the Interior’s Standards for Rehabilitation, 36 CFR §§67.7 and 67.6(b)(1)—(7), as amended, or successor standards.

(32) “State” means the State of Maryland.

(33) “Trust” means the Maryland Historical Trust.

(34) “Trust Account” means the Small Commercial Project Trust Account established within the Reserve Fund.

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.03 The Historic Revitalization Tax Credit Program.

A. There is a Historic Revitalization Tax Credit Program in the Trust that includes three separate tax credits for certified rehabilitations known as:

(1) The Homeowner Tax Credit;

(2) The Small Commercial Tax Credit; and

(3) The Competitive Commercial Tax Credit.

B. To claim a Historic Revitalization Tax Credit, a business entity or individual shall:

(1) Own or have site control of a certified historic structure as determined by the Part 1 application process under Regulation .04 of this chapter;

(2) Have an approved Part 2 application under Regulation .05 of this chapter for the rehabilitation of the certified historic structure; and

(3) Have the completed rehabilitation approved as a certified rehabilitation by the Part 3 application process under Regulation .06 of this chapter.

C. The Homeowner Tax Credit.

(1) A rehabilitation will qualify as a certified rehabilitation eligible for the Homeowner Tax Credit if:

(a) The rehabilitation is of a certified historic structure that is a single-family, owner-occupied residence;

(b) The rehabilitation includes only qualified rehabilitation expenditures; and

(c) During a continuous 24-month period selected by the applicant that ends during the taxable year in which the applicant claims the tax credit, the qualified rehabilitation expenditures exceed $5,000.

(2) The Homeowner Tax Credit shall equal the lesser of:

(a) 20 percent of the qualified rehabilitation expenditures incurred by the applicant; or

(b) $50,000.

(3) The Homeowner Tax Credit may be claimed only for the taxable year during which the certified rehabilitation was completed.

D. The Small Commercial Tax Credit.

(1) A rehabilitation will qualify as a certified rehabilitation eligible for the Small Commercial Tax Credit if:

(a) The rehabilitation is of a certified historic structure;

(b) The rehabilitation includes only qualified rehabilitation expenditures;

(c) The qualified rehabilitation expenditures do not exceed $500,000;

(d) The structure:

(i) Is, immediately following completion of the rehabilitation, primarily used for commercial, income-producing purposes;

(ii) After completion of the rehabilitation, is a residential unit located within a consecutive series of similar residential units that are arranged side by side in a row and has been sold by a developer who undertook the rehabilitation to an individual or individuals for residential use;

(iii) Is either an agricultural structure or a post-World War II structure; or

(iv) Is a condominium or cooperative project and the rehabilitation impacts only common elements of the condominium or cooperative project; and

(e) During a continuous 24-month period selected by the applicant that ends during the taxable year in which the applicant claims the tax credit, the qualified rehabilitation expenditures exceed $5,000.

(2) The Small Commercial Tax Credit:

(a) Shall equal the sum of:

(i) The lesser of 20 percent of the qualified rehabilitation expenditures either incurred by the applicant or as identified in the Part 2 application for the rehabilitation; and

(ii) If applied for in the Part 2 application, an additional 5 percent of those qualified rehabilitation expenditures if the certified rehabilitation results in a project that qualifies as a level 1 opportunity zone project or an additional 7.5 percent of the qualified rehabilitation expenditures if the certified rehabilitation results in a project that qualifies as a level 2 opportunity zone project; and

(b) May not exceed:

(i) $50,000 for a project other than a project that qualifies as either a level 1 or level 2 opportunity zone project;

(ii) $55,000 for a project that qualifies as a level 1 opportunity zone project; or

(iii) $60,000 for a project that qualifies as a level 2 opportunity zone project.

(3) The Small Commercial Tax Credit may be claimed only for the taxable year during which the certified rehabilitation was completed.

E. The Competitive Commercial Tax Credit.

(1) A rehabilitation will qualify as a certified rehabilitation for the Competitive Commercial Tax Credit if:

(a) The rehabilitation is to a certified historic structure;

(b) The rehabilitation includes only qualified rehabilitation expenditures;

(c) The plans for rehabilitation are ranked competitively and qualify for an award of available tax credits as determined by the Director under Regulation .05 of this chapter;

(d) During a continuous 24-month period selected by the applicant that ends during the taxable year in which the applicant claims the tax credit, the qualified rehabilitation expenditures exceed the greater of:

(i) The adjusted basis of the certified historic structure, as determined under the provisions of Tax-General Article, Annotated Code of Maryland; or

(ii) $25,000; and

(e) A sign or marker is located on the property either external or internal to the certified historic structure that identifies the certified historic structure as having been rehabilitated with funds provided by the Program.

(2) The Commercial Tax Credit shall equal the sum of:

(a) The lesser of 20 percent of the qualified rehabilitation expenditures either incurred by the applicant or as identified in the Part 2 application for the rehabilitation; and

(b) If applied for in the Part 2 application:

(i) 5 percent of those qualified rehabilitation expenditures if the certified rehabilitation results in a high performance building, a project that qualifies as affordable housing, or a project that qualifies as a level 1 opportunity zone project; or

(ii) 7.5 percent of the qualified rehabilitation expenditures if the certified rehabilitation results in a project that qualifies as a level 2 opportunity zone project.

(3) The Commercial Tax Credit may not exceed the lesser of:

(a) $5,000,000 for any project that does not qualify as either a level 1 or level 2 opportunity zone project;

(b) $5,250,000 for a project that qualifies as a level 1 opportunity zone project;

(c) $5,500,000 for a project that qualifies as a level 2 opportunity zone project; or

(d) The maximum amount specified under the initial credit certificate awarded to a competitive Commercial Tax Credit Project.

Cross References

34.04.07.02B(16)

34.04.07.02B(17)

34.04.07.02B(21)

34.04.07.05C(4)(b)

34.04.07.05D(7)(b)

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.04 Certification of Structures as Certified Historic Structures (Part 1).

A. A business entity or individual may request that a structure be certified by the Director as a certified historic structure by filing a Part 1 application with the Director on the standard application forms available on the Trust’s website.

B. The Director may not accept or review a Part 1 application until the Trust receives all information required by the application form.

C. Upon receipt of a complete Part 1 application, the Director shall:

(1) Determine whether the structure is a certified historic structure;

(2) Approve the application if the structure is a certified historic structure;

(3) Deny the application if the structure is not a certified historic structure; and

(4) Promptly send the applicant written notice that the application has been either approved or denied.

Cross References

34.04.07.02B(26)(b)(i)

34.04.07.03B(1)

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.05 Procedures for Application for and Review of Certifications of Eligibility of Certified Historic Structure Rehabilitations (Part 2).

A. Part 2 Application Process.

(1) A business entity or individual may file a Part 2 application with the Director requesting the Director to determine that a rehabilitation of a certified historic structure proposed by the applicant will, if completed in accordance with the requirements of the Program, qualify as a certified rehabilitation.

(2) The Trust shall post and maintain on its website separate and distinct Part 2 applications forms for the Homeowner Tax Credit, Small Commercial Tax Credit, and Competitive Commercial Tax Credit, and all Part 2 applications shall be filed on the forms that correspond to the tax credit sought by the applicant.

(3) A Part 2 application shall be deemed incomplete, and may not be accepted or reviewed by the Trust, if the application does not:

(a) Include all information required by the application form;

(b) State the applicant’s estimated cost of rehabilitation for the proposed rehabilitation project;

(c) Include a nonrefundable administrative fee payable to the Trust of:

(i) $10 for either a Homeowner Tax Credit or a Small Commercial Tax Credit; or

(ii) $250 for a Competitive Commercial Tax Credit; or

(d) Otherwise comply with a requirement of this regulation.

(4) An incomplete application received by the Trust shall be returned to the applicant if all required information or the administrative fee is not received by the Trust within a reasonable time as determined by the Director.

(5) At any time before completion of the rehabilitation, an applicant may file with the Director an amendment to a Part 2 application in form and substance as instructed on the Trust’s website.

B. Homeowner Tax Credit.

(1) A Part 2 application for the Homeowner Tax Credit must be filed by the individual or individuals who, with respect to the structure or portion thereof that is the subject of the proposed rehabilitation:

(a) Is either:

(i) The owner; or

(ii) Lessee for purposes of Regulation 02B(24)(b) of this chapter; and

(b) Occupies the structure at the time of the application, or will occupy the structure upon completion of the rehabilitation, as a primary or secondary residence.

(2) Upon receipt of either a complete Part 2 application or an amendment to an application for the Homeowner Tax Credit, the Director shall review the application or amendment and determine whether:

(a) The proposed rehabilitation is of a certified historic structure;

(b) The plan for the rehabilitation as described in the application or amendment meets the Standards for Certified Historic Structure Rehabilitation; and

(c) The estimated qualified rehabilitation expenditures will exceed $5,000.

(3) The Director shall approve the Part 2 application or amendment and promptly send written notice of the approval to the applicant if the Director determines that each of the criteria set forth in §B(2) of this regulation is satisfied.

(4) The Director shall deny the Part 2 application or amendment and promptly send written notice of the denial to the applicant if the Director determines that any of the criteria set forth in §B(2) of this regulation is not satisfied.

C. Small Commercial Tax Credit.

(1) For the rehabilitation of a condominium or cooperative housing project, a Part 2 application for the Small Commercial Tax Credit shall be submitted by the governing body of the condominium or cooperative housing project.

(2) In addition to information required under §A(3) of this regulation, a Part 2 application for the Small Commercial Tax Credit shall include a request that the rehabilitation be eligible for:

(a) The additional 5 percent tax credit available under Regulation .03E(2)(a)(ii) of this chapter if the applicant anticipates at the time of the application that the rehabilitation will result in a project that qualifies as a level 1 opportunity zone project; or

(b) The additional 7.5 percent tax credit available under Regulation .03E(2)(a)(iii) of this chapter if the applicant anticipates at the time of the application that the rehabilitation will result in a project that qualifies as a level 2 opportunity zone project.

(3) Upon receipt of either a complete Part 2 application or an amendment to an application for the Small Commercial Tax Credit, the Director shall review the application or amendment and determine whether:

(a) The proposed rehabilitation is of a certified historic structure;

(b) The plan for the rehabilitation as described in the application or amendment meets the Standards for Certified Historic Structure Rehabilitation; and

(c) If requested in the application, the structure is either an agricultural structure or a post-World War II structure.

(4) If the Director determines that the criteria set forth in §C(3)(a) and (b) of this regulation are satisfied, the Director shall:

(a) Determine the allowable qualified rehabilitation expenditures for the proposed rehabilitation, which must exceed $5,000 and cannot exceed $500,000;

(b) Determine the maximum amount for an award of an initial credit certificate for the rehabilitation based upon the limitations established under Regulation .03D(2) of this chapter;

(c) Reserve an award of an initial credit certificate for the rehabilitation;

(d) Send written notification to the applicant:

(i) Informing of the reservation of the award of an initial credit certificate and the maximum amount of the award;

(ii) Charging the applicant an administrative fee in an amount equal to 3 percent of the maximum amount of the award, less the $10 paid with the Part 2 application; and

(iii) Informing the applicant that if the fee is not received by the Trust within the 90 days of notice of the fee the Director will not issue the initial credit certificate for the rehabilitation; and

(e) Promptly after the on-time receipt from an applicant of the administrative fee send the initial credit certificate to the applicant.

(5) If the Director determines that any of the criteria set forth in §C(3)(a) and (b) of this regulation is not satisfied, the Director shall deny the Part 2 application or amendment and promptly send written notice of the denial to the applicant.

(6) The Director may not approve any Part 2 applications or amendments and may not issue any initial credit certificates for Small Commercial Tax Credit projects for credit amounts in the aggregate totaling more than the amount of funds in the Small Commercial Project Trust Account.

D. Competitive Commercial Tax Credit.

(1) For every State fiscal year that funds are available in the Reserve Fund, the Director shall establish and publish on the Trust’s website a date by which Part 2 applications for the Competitive Commercial Tax Credit shall be received by the Trust.

(2) In addition to information required under §A(3) of this regulation, a Part 2 application for the Competitive Commercial Tax Credit shall include:

(a) Documentation that establishes that the applicant has received letters of intent for all rehabilitation project funding not included in the amount of the tax credit for which the rehabilitation may qualify;

(b) If the applicant is not at the time of the application the fee-simple owner of the property proposed for rehabilitation:

(i) A written statement from the fee-simple owner that the owner is aware of the application and has no objection to the application or to the proposed rehabilitation; and

(ii) Documentation or evidence satisfactory to the Director that the applicant will have ownership or site control of the property within 18 months of the approval of the Part 2 application;

(c) A statement from the applicant that:

(i) No substantial part of the rehabilitation has begun, unless the rehabilitation was previously approved under the federal historic tax credit; and

(ii) Upon completion of the rehabilitation, a sign or marker will be located on the property either external or internal to the rehabilitated structure identifying the structure as having been rehabilitated with funds provided by the Program;

(d) A request that the rehabilitation be eligible for the additional 5 percent tax credit available under Regulation .03E(2)(a)(ii) of this chapter if the applicant anticipates at the time of the application that the rehabilitation will result in:

(i) A high performance building;

(ii) A project that qualifies as affordable housing; or

(iii) A project that qualifies as a level 1 opportunity zone project; and

(e) A request that the rehabilitation be eligible for the additional 7.5 percent tax credit available under Regulation .03E(2)(a)(iii) of this chapter if the applicant anticipates at the time of the application that the rehabilitation will result in a project that qualifies as a level 2 opportunity zone project.

(3) The Director shall reject a Part 2 application received from an applicant who in the same fiscal year submitted three or more other Part 2 applications for the Competitive Commercial Tax Credit that, together, exceed $500,000 in estimated qualified rehabilitation expenditures.

(4) The Director shall review and consider only those complete Part 2 applications received by the Trust by the date established under §D(1) of this regulation.

(5) The Director shall competitively rank all complete Part 2 applications received annually by the date established under §D(1) of this regulation based on the following criteria:

(a) The extent to which the certified historic structure is:

(i) A rare example of an architectural style; or

(ii) A structure designed by a noted architect;

(b) Whether the certified historic structure is:

(i) Protected by a historic preservation easement held by the Trust; or

(ii) Subject to preservation conditions or restrictions through a Memorandum of Understanding or Programmatic Agreement with the Trust or some other instrument acceptable in form and substance to the Trust;

(c) Whether the certified historic structure is located in an area:

(i) Where the political subdivision has implemented regulatory streamlining or other development incentives that foster redevelopment and revitalization in priority funding areas, as defined in State Finance and Procurement Article, Title 5, Subtitle 7B, Annotated Code of Maryland, and has certified those regulatory streamlining or other development incentives to the Smart Growth Subcabinet established under State Government Article, Title 9, Subtitle 14, Annotated Code of Maryland; or

(ii) Targeted by the State for additional revitalization and economic development opportunities due to the focusing of State resources and incentives;

(d) Whether the rehabilitation project will include affordable and workforce housing options;

(e) Whether the rehabilitation is consistent with and advances current growth and development policies and programs of the State, as identified by the Director in consultation with the Secretary;

(f) The extent to which the rehabilitation:

(i) Sustains the existing form, integrity, and material of the certified historic structure; or

(ii) Accurately recovers the form and details of the certified historic structure as it appeared during the structure’s period of historic significance;

(g) The extent to which the qualified rehabilitation expenditures for the rehabilitation will exceed the assessed value of the certified historic structure;

(h) The extent to which the need for rehabilitation of the certified historic structure is of an urgent or emergency nature;

(i) The amount of private investment that will be leveraged by the rehabilitation project; and

(j) Such other criteria as the Trust may determine from time to time.

(6) Based on the competitive ranking under §D(5) of this regulation, the Director shall:

(a) Select those rehabilitation projects that will be awarded an initial credit certificate for the Competitive Commercial Tax Credit and the maximum amounts of each award;

(b) Promptly notify each applicant selected for an award that the application was selected and of the maximum amount of the award;

(c) Promptly notify each applicant not selected for an award that the application was not selected; and

(d) Not later than 60 days following the selections, post on the Trust’s website information regarding each competitive commercial rehabilitation project selected.

(7) The maximum amount of an award of an initial credit certificate for a rehabilitation under §D(6) of this regulation may not exceed the lesser of:

(a) The sum of 20 percent of the estimated qualified rehabilitation expenditures identified in the Part 2 application and, if requested in the application, one of the following additional credits:

(i) A 5 percent credit for achieving a high performance building;

(ii) A 5 percent credit for a project that qualifies as affordable housing;

(iii) A 5 percent credit for a project that qualifies as a level 1 opportunity zone project; or

(iv) A 7.5 percent credit for achieving a project that qualified as a level 2 opportunity zone project; or

(b) The limits established under Regulation .03E(3) of this chapter.

(8) For purposes of calculating the limitation on the credit for qualified rehabilitation expenditures under §D(7) of this regulation, a rehabilitation project shall include:

(a) Phased rehabilitation of a single certified historic structure;

(b) Rehabilitation of multiple certified historic structures located on a single property; or

(c) Separate rehabilitations of different components of a single certified historic structure.

(9) Following the selection of an award of an initial credit certificate under §D(6)(a) of this regulation, the Director shall:

(a) Charge the applicant an administrative fee in an amount equal to 3 percent of the amount of the award of the initial credit certificate, less the $250 paid with the Part 2 application;

(b) Send written notice to the applicant of the amount of the administrative fee; and

(c) Inform the applicant that if the fee is not received by the Trust within the 90 days of notice of the fee the Director will not:

(i) Issue the initial credit certificate for the rehabilitation; or

(ii) Accept a Part 2 application for the Competitive Commercial Tax Credit from the applicant during any of the 3 fiscal years that immediately follow the fiscal year in which the fee is not received.

(10) Promptly after the on-time receipt from an applicant of the administrative fee charged under §D(9) of this regulation, the Director shall issue to the applicant an initial credit certificate for the rehabilitation project in the amount awarded for the rehabilitation under §D(6) of this regulation.

(11) An initial credit certificate issued under §D(10) of this regulation shall expire, and the Director may not certify the rehabilitation project as a certified rehabilitation under Regulation .06 of this chapter, if:

(a) For an applicant who was not the fee-simple owner of the property at the time the Part 2 application was submitted, the applicant fails within 18 months after the Director issues the initial credit certificate to provide to the Trust documentation or evidence satisfactory to the Director that the applicant is the fee-simple owner or has site control of the property;

(b) Within the 18 months after the Director issues the initial credit certificate, the applicant fails to notify the Trust, in writing, that the rehabilitation has commenced;

(c) The rehabilitation is not completed within 30 months after the Director issues the initial credit certificate; or

(d) The applicant does not submit to the Trust, in accordance with Regulation .06 of this chapter, a Part 3 application for the rehabilitation within 12 months after the 30-month expiration date under §D(11)(c) of this regulation.

(12) The Director may extend to a later specified date the 30-month expiration date under §D(11)(c) of this regulation if:

(a) The applicant requests an extension in writing which is received by the Director prior to the expiration; and

(b) The Director finds reasonable cause in the written request for the extension.

(13) The Director may extend to a later specified date the deadline for submitting the Part 3 application established under §D(11)(d) of this regulation if:

(a) The applicant requests an extension in writing;

(b) The rehabilitation was completed prior to the 30-month expiration date under §D(11)(c) of this regulation or as extended by the Director under §D(12) of this regulation; and

(c) The Director finds reasonable cause in the written request for the extension.

Cross References

34.04.07.02B(26)(b)(ii)

34.04.07.03B(2)

34.04.07.03E(1)(c)

34.04.07.06A

34.04.07.06B(2)

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.06 Procedures for Certification of Completed Rehabilitation (Part 3).

A. Following completion of a rehabilitation approved by the Director under Regulation .05 of this chapter (Part 2) or for which the Director issued an initial credit certificate under Part 2, the Part 2 applicant may file a Part 3 application with the Director requesting that the Director determine that the completed rehabilitation is a certified rehabilitation.

B. A Part 3 application shall be filed:

(1) For either the Homeowner Tax Credit or the Small Commercial Tax Credit, not later than the end of the second calendar year that follows the calendar year during which the rehabilitation was completed; and

(2) For the Competitive Commercial Tax Credit, within the time limit set forth in Regulation .05D(11)(d) of this chapter as may have been extended by the Director under Regulation .05D(13) of this chapter.

C. A Part 3 application shall:

(1) Be filed on the standard application forms available on the Trust’s website;

(2) Include:

(a) A statement made under oath by the applicant that the amount of the qualified rehabilitation expenditures as stated in the application is true and correct; and

(b) Financial statements, in form and content satisfactory to the Director, certified by a certified public accountant that demonstrate that the qualified rehabilitation expenditures stated in the application were expended on the rehabilitation approved by the Director under Part 2, if the application is for:

(i) A Competitive Commercial Tax Credit; or

(ii) A Small Commercial Tax Credit that is based on qualified rehabilitation expenditures of $100,000 or more; and

(3) For the Homeowner Tax Credit, include an administrative fee in an amount that is equal to the greater of 0.6 percent of either the estimated cost of rehabilitation stated in the Part 2 application for the rehabilitation or the qualified rehabilitation expenditures stated in the Part 3 application, less $10 paid with the Part 2 application.

D. The Director may not accept or review a Part 3 application until the Trust receives the administrative fee, if applicable, and all information required by the application form.

E. Upon receipt of a timely filed and complete Part 3 application, the Director:

(1) May inspect the completed rehabilitation; and

(2) Shall:

(a) Determine whether the rehabilitation as completed is a certified rehabilitation;

(b) As may be appropriate for an application for the Competitive Commercial Tax Credit, determine whether the rehabilitation resulted in either:

(i) A high performance building; or

(ii) A housing project that qualifies as affordable housing;

(c) As may be appropriate for an application for either the Small Commercial Tax Credit or the Competitive Commercial Tax Credit, determine whether the rehabilitation resulted in either:

(i) A level 1 opportunity zone project; or

(ii) A level 2 opportunity zone project;

(d) Determine the tax credit amount, if any, based upon the applicant’s accurately reported qualified rehabilitation expenditures; and

(e) Promptly send written notice to the applicant of the Director’s determinations.

F. An applicant that has completed a competitive commercial rehabilitation approved under Part 2 may file a second Part 3 application for a determination by the Director of the applicant’s qualification for either the additional 5 percent tax credit available under Regulation .03E(2)(a)(ii) of this chapter or the additional 7.5 percent credit available under Regulation .03E(2)(a)(iii) of this chapter if:

(1) The Director previously determined under §E(2)(a) of this regulation that the rehabilitation project is a certified rehabilitation;

(2) The additional 5 percent tax credit or 7.5 tax credit was not included within the tax credit amount determined by the Director under §E(2)(c) of this regulation; and

(3) The second Part 3 application is received by the Trust within 18 months following the completion of the rehabilitation.

G. Allocation and Transfer of Tax Credit.

(1) The tax credit amount determined under §E of this regulation by the Director upon review of a Part 3 application:

(a) That is filed by a business entity, may be allocated among the partners, members, or shareholders of the entity as may be agreed to by the partners, members, or shareholders; or

(b) For a Competitive Commercial Tax Credit, may be transferred in whole or part by the Part 3 applicant to any one or more individuals or business entities as may be agreed to by the applicant and the individual or business entity.

(2) The tax credit amount allocated or transferred under this section to an individual or business entity may be applied against the total tax otherwise payable by the individual or business entity for the taxable year during which the certified rehabilitation was completed.

(3) If the tax credit amount allocated or transferred under this section to an individual or business entity exceeds the total tax payable by the individual or business entity:

(a) The individual or business entity may claim a refund in the amount of the excess; or

(b) As to the transferee of all or a portion of the Competitive Commercial Tax Credit, the transferee may transfer any amount not claimed as a refund to any other individual or business entity.

(4) Any agreement concerning the allocation or transfer of a tax credit amount under this section shall be in writing and executed by all parties to the agreement.

Cross References

34.04.07.02B(16)

34.04.07.02B(17)

34.04.07.03B(3)

34.04.07.05D(11)

34.04.07.05D(11)(d)

34.04.07.08A(2)(c)

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.07 Administrative Review.

A. An applicant may request that the Director reconsider any written determination made by the Director under Regulation .04, .05, or .06 of this chapter. A request under this section shall be in writing and received by the Trust within 30 days after the Director’s written determination was sent to the applicant.

B. Within 60 days of the Trust’s receipt of a request for reconsideration made pursuant to §A of this regulation, the Director shall:

(1) Review the request;

(2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director’s determination; and

(3) Send written notification to the applicant of the Director’s determination on the request.

C. An applicant whose request for reconsideration has been denied in whole or part by the Director under §B of this regulation may file a request that the Board of Trustees of the Trust reconsider the Director’s denial. A request made under this section shall be in writing and received by the Trust within 30 days after the written notice of the Director’s denial is sent to the applicant.

D. The Board of Trustees of the Trust shall, within 60 days of the Trust’s receipt of the request made pursuant to §C of this regulation or at the next regularly conducted meeting of the Board following the Trust’s receipt of the request, whichever is later:

(1) Review the request;

(2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director’s determination;

(3) If the Board determines that the Director’s determination shall be modified, articulate the applicable standard and factual basis that warrant the modification; and

(4) Notify the applicant in writing of the Board’s determination.

E. The Board of Trustees of the Trust may establish from time to time guidelines or procedures for processing and reviewing requests for reconsideration made under §C of this regulation.

F. Actions or determinations taken or made by the Board of Trustees under §D of this regulation shall be in accordance with the bylaws of the Board of Trustees of the Trust.

G. A determination of the Board of Trustees of the Trust made under §D of this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.08 Determining Disqualifying Work; Recapture of Tax Credits.

A. Definitions.

(1) In this regulation, the following words have the meanings indicated.

(2) Defined Terms.

(a) Disposition.

(i) “Disposition” means the transfer of legal title in real property or, in the case of a leasehold, the transfer of a leasehold interest in the property, or any portions thereof, and includes, without limitation, a sale–and–leaseback transaction, a transfer on the foreclosure of a security interest, or a transfer by gift.

(ii) “Disposition” does not include a transfer of title or of a leasehold interest to a creditor on creation of a security interest lien, mortgage, or deed of trust.

(b) “Disqualifying work” means work performed at any time prior to the expiration of the recapture period for a certified rehabilitation that, if performed during the rehabilitation would have made the rehabilitation ineligible for certification as a certified rehabilitation.

(c) “Recapture period” means the taxable year in which a rehabilitation is certified by the Director as a certified rehabilitation under Regulation .06 of this chapter (Part 3) and the next 4 taxable years that succeed that taxable year.

B. Upon the request of the Comptroller or on the Director’s own initiative, the Director shall determine whether any disqualifying work has occurred during a certified rehabilitation or during the recapture period that would make the rehabilitation ineligible for a tax credit under the Program, and shall promptly notify the Comptroller of the Director’s determination.

C. A tax credit awarded and claimed through the Program shall be recaptured if during either the rehabilitation or the recapture period:

(1) Any disqualifying work is performed on the structure that was the object of the certified rehabilitation; or

(2) For a certified rehabilitation awarded a Competitive Commercial Tax Credit, there is a disposition of the structure that was the object of the certified rehabilitation.

D. A tax credit shall be recaptured as follows:

(1) If disqualifying work or disposition occurs during the taxable year in which the certified rehabilitation was completed, 100 percent of the tax credit shall be recaptured;

(2) If disqualifying work or disposition occurs during the first full year after the taxable year in which the certified rehabilitation was completed, 80 percent of the credit shall be recaptured;

(3) If disqualifying work or disposition occurs during the second full year after the taxable year in which the certified rehabilitation was completed, 60 percent of the credit shall be recaptured;

(4) If disqualifying work or disposition occurs during the third full year after the taxable year in which the certified rehabilitation was completed, 40 percent of the credit shall be recaptured; or

(5) If disqualifying work or disposition occurs during the fourth full year after the taxable year in which the certified rehabilitation was completed, 20 percent of the credit shall be recaptured.

E. The business entity that claimed the tax credit shall pay the recaptured amount of the tax credit as taxes payable to the State for the taxable year in which the disqualifying work or disposition occurred.

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland
COMAR 34.04.07.09 General Provisions.

A. Program Administration.

(1) Any action, determination, decision, or certification to be taken or permitted by the Director under the Act or this chapter may be delegated by the Director to a designee and any delegated action, determination, decision, or certification taken by the Director’s designee shall be considered an action, determination, decision, or certification of the Director.

(2) The Director may establish operational handbooks or manuals governing matters relating to administration of this chapter including descriptive statements of procedures which do not directly affect the rights of the public or procedures otherwise available to the public.

(3) The Program may adopt a handbook containing internal guidelines or policies related to the administration of the Program or establishing other requirements relating to the Program. The handbook shall be available for public examination at the Trust or on the Trust’s website.

(4) An applicant shall retain all records concerning a certified rehabilitation for a period of 7 years from completion of the rehabilitation or for 2 years from the date the recapture period ends, whichever is shorter.

(5) The Trust makes no representation and accepts no responsibility as to any tax or other consequences to an entity, a person, an individual, or any other party arising out of the approval or certification, or allocation of credits for a project.

B. Waiver. The Secretary may waive or vary a provision of this chapter if:

(1) The waiver or variance is not inconsistent with the Act or otherwise unlawful;

(2) The Secretary determines in writing that application of the provision in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and

(3) The Office of the Attorney General approves the waiver for form and legal sufficiency.

C. False Statements.

(1) Any action, determination, decision, or certification made by the Director or the Secretary under the Act or this chapter that was based in whole or part in reliance upon a false statement knowingly made or caused to be made by the applicant is subject to revocation by the Director or the Secretary.

(2) The Director or the Secretary may revoke an action, determination, decision, or certification §C(1) of this regulation even if the action, determination, decision, or certification could have been made absent reliance upon the false statement.

History

  • Administrative History: Effective date: January 14, 1999 (26:1 Md. R. 23)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004
  • Administrative History: Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)
  • Administrative History: Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)
  • Administrative History: Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)
  • Administrative History: Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Administrative History: Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)
  • Administrative History: Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)
  • Administrative History: Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)
  • Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland

34.04.08 Use of State Museum Property

COMAR 34.04.08.01 General.

A. The Department of Planning, through the Division of Historical and Cultural Programs and units in the Division, administers several museums.

B. The Maryland Historical Trust, for the State, administers Jefferson Patterson Park and Museum in Calvert County.

C. The State museums of Maryland within the Department of Planning are managed to promote the coordinated use of their varied resources and values for the benefit of all people, for all time.

D. Historic and cultural resource preservation and education, and natural environmental recreation, research, and outdoor education, are major museum benefits.

E. Purpose.

(1) To maintain the State museums in an orderly and productive condition and protect them from damage from fire, insects, disease, and improper use, each museum visitor shall observe these regulations and rules which govern the use of the State museums.

(2) In order to conserve and enhance the State museums and their resources, and preserve the domestic tranquility, the following regulations shall be enforced.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.02 Definitions.

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

B. Terms Defined.

(1) “Department” means the Department of Planning, a principal department of the State government.

(2) “Firearm” means any device capable of propelling a missile by gunpowder or similar explosive, including but not limited to, any gun, rifle, shotgun, handgun, pistol, or revolver.

(3) “Law enforcement officer” means any commissioned officer employed or contracted by the State to manage and regulate use of State property.

(4) “Museum director” means the person at a State museum assigned to oversee the day-to-day operations of the museum, or the museum director's designee.

(5) State Museum.

(a) “State museum” means any property operated as a museum by the Department or a unit within the Department.

(b) “State museum” includes Jefferson Patterson Park and Museum in Calvert County.

(6) “Vehicle” means any mode of transportation in, upon, or by which a person or property is or may be transported or drawn upon a waterway or highway and includes, but is not limited to, a boat, a trailer, an automobile, a truck, a bus, a moped, an animal, an animal-drawn vehicle, an all terrain vehicle, farm equipment, a service vehicle, motorized self-propelled equipment capable of transporting one or more persons, and an off-road vehicle, as defined by the Secretary of Natural Resources in COMAR 08.01.03.02.

(7) Weapon.

(a) “Weapon” means a device capable of:

(i) Propelling a missile at high velocity by mechanical means, explosion, or expanding gas; or

(ii) Inflicting death or bodily harm to an individual, maiming or destroying wildlife, or destroying property.

(b) “Weapon” includes, but is not limited to, any firearm, crossbow, or longbow dirk knife, bowie knife, switchblade, sandclub, metal knuckles, razor, nunchaku, or animal trap or snare.

(c) “Weapon” does not include a penknife without a switchblade.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.03 Hunting and Trapping.

Hunting or trapping may not be permitted on State museum property except by permit issued by the museum director and subject to all applicable laws.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.04 Weapons.

A. A person, other than a duly authorized law enforcement officer, may not possess a weapon at a State museum except as provided in §B of this regulation.

B. The museum director may approve an exception for an exhibition that in the museum director's judgment promotes the purposes of the museum.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.05 Fishing.

Fishing in compliance with State Law is permitted on State museum property only in designated areas posted for fishing use.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.06 Closing Against Entry.

A. The museum director may determine hours for public visitation or use of a State museum, and shall publish and post a schedule of open hours.

B. A person or vehicle may not enter or remain on lands or waters owned or managed by a State museum after the posted open hours without the express permission of the museum director.

C. The museum director may elect to close certain areas of the museum to public entry and travel during periods of construction, maintenance, hazardous road conditions, forest operations, or high fire hazard, for protection of the environment or for another purpose determined by the museum director. Closed areas shall be clearly posted against public entry.

D. A person or vehicle may not enter or remain on an area closed to public entry.

E. Vehicles remaining on lands or waters after posted open hours or on areas closed to public entry may be removed and placed in storage at the owner's expense.

F. This regulation does not apply to employees or contractors of the Department or the State on official business.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.07 Swimming.

A. A person may not bathe, wade, dive, scuba dive, snorkel, or swim in any waters of a State museum, except at designated areas and at the times and under the conditions posted.

B. A person may not bathe, wade, dive, scuba dive, snorkel, or swim in any waters of a State museum, unless clothed in apparel proper to prevent indecent exposure of the person.

C. A person may not dress or undress at a State museum except in restrooms, changing rooms, or bathhouses, or in permitted tents, campers, or camper trailers, and out of public view.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.08 Camping.

A. A person may establish a camp at a State museum only in areas designated for camping and only if the person first obtains express permission from the museum director.

B. The use of the camp is limited to the place, number of persons, and period of time specified by the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.09 Private Watercraft.

A. General Prohibition. A person may not launch or use a rowboat, canoe, sailboat, or other privately owned vessel on a pond or other impoundment of water in a State museum, unless the person first obtains permission from the museum director.

B. Motors. A vessel with a gasoline or electric engine may not be operated on any pond or other impoundment of water at a State museum except by Department or State employees or contractors in the performance of their duties, or with the permission of the museum director.

C. Restricted Areas. Boats are prohibited in swimming and other designated areas.

D. Swimming from Boat. A person may not swim or dive from a boat in any pond or impoundment of water at a State museum.

E. Harbor of Refuge. The overnight storage of private watercraft at State museums is prohibited except in designated areas or when the watercraft is reasonably required to use State museum property as a harbor of refuge.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.10 Commercial Enterprises.

At any State museum, a person may not sell, hire, or lease any merchandise or any boat or vehicle designed or used for the transportation of passengers or property, unless the person first obtains express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.11 Meetings, Exhibitions, Demonstrations, Ceremonies, and Special Events.

A. A person may not erect any structure, stand, or platform, or hold any meeting, exhibition, demonstration, ceremony, or special event at a State museum, unless the person first obtains express permission from the museum director.

B. Request for permission shall be made at least 30 days in advance of the event.

C. Users of State museum facilities may not charge admission to events or programs held at those facilities without express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.12 Fundraising.

A State museum may not be used for revenue generation or private fundraising without express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.13 Amplifiers.

A person may not use an amplifier, loudspeaker, public address system, or other similar equipment at a State museum, unless the person first obtains permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.14 Fires.

A. A person may not kindle, build, maintain, or use a fire in any area of a State museum that is not designated for fires, unless the person first obtains permission from the museum director.

B. Every fire shall be continuously under the care and direction of a competent person over 16 years old.

C. Every fire shall be thoroughly extinguished after use.

D. Permission for a fire may be revoked by the museum director with or without cause at any time.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.15 Advertising.

A person may not erect or post any sign, notice, or literature at a State museum, unless the person first obtains express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.16 Lighted Cigars, Cigarettes, and Other Burning Objects.

A person may not throw away or discard at a State museum any lighted match, cigar, cigarette, or other burning object except in containers provided by the museum for that purpose.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.17 Refuse and Rubbish; Glass and Metal Containers and Hazardous Objects.

A. A person may not deposit any garbage, sewage, waste, foodstuffs, paper, or other litter or obnoxious material at a State museum, except in containers provided by the museum for that purpose.

B. A person may not possess a glass container, metal can, or other hazardous object in a swimming area or beach at a State museum.

C. A person may not deposit in State museum containers garbage, sewage, waste, foodstuffs, paper, or any other litter or obnoxious material originating from a private residence, commercial business, or any other source outside of State museum property.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.18 Damage to Public Property.

A person may not injure, deface, or vandalize any part of a State museum, including any building, sign, equipment, or other public property.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.19 Trees, Flowers, Plants, Minerals, and Wildlife.

A. Scope. Sections B and C of this regulation do not apply to Department or State employees or contractors in the performance of their duties.

B. A person may not remove, damage, or destroy any flower, fern, shrub, or other plant, rock, mineral, or wildlife at a State museum without express permission from the museum director.

C. A person may not cut down, remove, damage, or destroy any tree at a State museum without express permission from the museum director.

D. A person may not feed, touch, or intentionally disturb wildlife at any State museum, without express permission from the museum director.

E. A person may not tease or frighten wildlife at any State museum.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.20 Gambling and Intoxicants.

A. Betting, wagering, gambling, and fortune-telling, as defined by State law, are prohibited at State museums except with express permission from the museum director and subject to all applicable laws.

B. Intoxicants.

(1) A person may not buy, trade or exchange, consume, transport, or possess any alcoholic beverages at any State museum, except in designated areas or unless the person first obtains express permission from the museum director or authorized personnel and subject to all applicable laws.

(2) A minor may not transport or possess any alcoholic beverages within a State museum.

(3) The museum director may exclude any intoxicated person from museum property.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.21 Traffic and Parking.

A. The museum director shall regulate use of roads at the museum. The roads may be closed to traffic as the museum director determines necessary. Instructions from Department or State employees, contractors or volunteers, by gesture or otherwise, to reduce the speed of a vehicle, bring it to a stop, alter its direction, or remove it from a restricted area shall immediately be obeyed by the operator of the vehicle.

B. The interior of every vehicle driven or parked at a State museum shall be fully open to view at all times.

C. At State museums, on any road not under the jurisdiction of the State Highway Administration or the city or county in which the museum is located, a person may not:

(1) Drive or park any vehicle within or upon a safety zone, walk, trail, or any other place not designated and customarily used for vehicular traffic;

(2) Cause or permit a vehicle to stand anywhere outside of designated parking spaces, except for the time ordinarily required to receive or discharge passengers;

(3) Cause or permit a vehicle to obstruct traffic by unnecessary stopping;

(4) Drive a vehicle on a State museum road at a speed greater than that posted for the road in question;

(5) Ride an animal or drive or park any animal-drawn vehicle in any area without express permission from the museum director;

(6) Drive a vehicle on a State museum road in violation of traffic control devices;

(7) Drive or operate any vehicle on museum property without a valid unrestricted driver's license; or

(8) Violate any provision of Transportation Article, Titles 11—27, Annotated Code of Maryland.

D. Violations.

(1) A person that violates this regulation may be excluded or removed from museum property.

(2) A vehicle that is in violation of this regulation may be removed from museum property, and placed in storage at the owner's expense.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.22 Fees and Charges.

A person may not make use of, or gain admittance to, or attempt to make use of, or gain admittance to, any State museum for which there is a charge, unless the person first pays the charge.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.23 Agricultural Use.

Except under written license or lease from a State museum, cultivation of any crop or grazing of cattle, horses, sheep, goats, or other domestic animals is not allowed at any State museum.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.24 Pets.

A. Cats, dogs, or pets of any kind, except service animals for the physically impaired, are not allowed in any buildings, on bathing beaches, or on other posted areas of any State museum at any time, except in areas posted as pet areas.

B. In general, a cat, dog, or pet of any kind shall be on a leash with a maximum length of 10 feet while on State museum property. A pet that is determined by the museum director to be disruptive, dangerous, or potentially hazardous shall be removed by the owner.

C. A pet that is not on a leash shall be removed by the owner or may be removed by a professional animal officer or handler at the expense of the owner.

D. Except for service animals for the physically impaired, a pet may be restricted from any State museum property at the discretion of the museum director.

E. Pets and animals that are part of a demonstration or public event may be allowed with the express permission of the museum director.

F. Owners and handlers of animals are responsible for damage done by their animals and for removing fecal materials from museum property. Horseback riding is permitted only with express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.25 Relics, Treasures, and Metal Detectors.

A. A person may not dig in search of buried relics or treasure, remove any prehistoric or historic artifacts, or use a metal detector within the boundaries of a State museum unless the person first obtains a permit from the Maryland Historical Trust, and express permission from the museum director.

B. The museum director may grant permission under §A of this regulation only to archaeologists and other qualified persons or institutions experienced in scientific research, who present a plan for scientific investigations, as provided by State Finance and Procurement Article, Title 5A, Subtitle 3, Part IV, Annotated Code of Maryland.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.26 Disorderly Conduct.

A person may not act in a disorderly manner at a State museum by:

A. Making loud and unseemly noises, or profanely cursing, swearing, or using obscene language;

B. Indecently exposing their person, or performing any indecent act;

C. Throwing objects to the annoyance of the public;

D. Willfully interfering with, encumbering, obstructing, or rendering dangerous any public place;

E. Engaging in, instigating, or encouraging a confrontation or fight;

F. Assaulting a person;

G. Operating a television, radio, phonograph, tape player, or other sound equipment, or playing any musical instrument, at a sound level annoying to other museum users; or

H. Otherwise causing or engaging in a disturbance of the public peace.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.27 Lawful Order of Law Enforcement Officer.

A person shall obey any lawful or reasonable order of a law enforcement officer in connection with the enforcement on museum property of these regulations, or any federal, State, or local law.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.28 Fireworks.

A person may not possess or use fireworks or other explosive or combustible devices intended for the creation of a display of noise, light, or smoke at any State museum, except as permitted by State law and with express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.29 Use of Trails.

Except in posted areas, an individual may not ride an animal, bicycle, or vehicle at a State museum.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.30 Equipment Use.

A. Special machinery or equipment, such as chain saws or other motorized equipment, may not be used at a State museum unless the person first obtains express permission from the museum director.

B. All machinery or equipment powered by gasoline, diesel, or other combustible substances shall be equipped with a satisfactory spark arrestor so as not to create a fire hazard.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.31 Permissions Granted.

A. Permissions granted under this chapter may include reasonable conditions the museum director determines are necessary or desirable to promote the proper use of museum property and protection of museum visitors or museum property.

B. The museum director may revoke granted permission for violation of any condition, or for the protection of public safety or museum property.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.08.32 Remotely Controlled Model Aircraft, Boats, and Vehicles.

A. The operation of remotely controlled or tethered motorized aircraft is not allowed on State museum property.

B. Remotely controlled boats or other vehicles may not be operated on museum property except with express permission from the museum director.

History

  • Administrative History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
  • Administrative History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
  • Administrative History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
  • Administrative History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)
  • Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
COMAR 34.04.09.01 General.

These regulations prescribe the policies, procedures, and authorizations for administering the African American Heritage Preservation Program, a joint partnership of the Maryland Historical Trust and the Maryland Commission on African American History and Culture.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.02 Objective.

The objective of the Program is to provide a source of grant funding to local jurisdictions, nonprofit organizations, business entities, and individuals, to assist efforts to identify and preserve, through acquisition, construction, or improvements, buildings, communities, and sites of historical and cultural importance to the African American experience in Maryland.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.03 Definitions.

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

B. Terms Defined.

(1) “Acquisition” means the act or process of acquiring fee title or an interest other than fee title to historic property, including the purchase or acquisition of preservation easements, leasehold estates subject to ground rents, development rights, or remainder interests.

(2) “Act” means State Finance and Procurement Article, §5A-330, Annotated Code of Maryland, as amended.

(3) “African American Heritage Preservation Project” or “project” means a capital project that:

(a) Preserves a building, site, or community of historical or cultural importance to the African American experience in Maryland;

(b) Is for the acquisition, construction, or improvement of land or buildings; and

(c) Has an expected useful life of at least 15 years.

(4) “Board of Trustees” or “Trustees” means the Board of Trustees of the Maryland Historical Trust.

(5) “Business entity” means a corporation, association, partnership, joint venture, or other legally organized entity.

(6) “Commission” means the Commission on African American History and Culture.

(7) “Construction or improvement” means:

(a) Planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping; and

(b) Includes archeology and other predevelopment costs necessary for preparation of plans, designs, or engineering.

(8) “County” means any of the 23 counties of the State or the City of Baltimore.

(9) “Department” means the Maryland Department of Planning.

(10) “Director” means the Director of the Maryland Historical Trust.

(11) “Grant” means an award of financial assistance from the Grant Fund.

(12) “Grant documents” means the grant agreement and other documents between a grantee and the Trust which establish the terms and conditions of a grant.

(13) “Grant Fund” means the African American Heritage Preservation Grant Fund of the Trust as established by the Act.

(14) “Grantee” means the recipient of a grant.

(15) “Historic property” means a district, site, building, structure, monument, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, which is listed in or is eligible for listing in the Maryland Register of Historic Properties.

(16) “Local jurisdiction” means a county or municipality and any duly authorized agency or instrumentality of a county or municipality.

(17) “Maryland Register of Historic Properties” means the register of historic properties in Maryland which is established by the Trust under State Finance and Procurement Article, §5A-323, Annotated Code of Maryland.

(18) “Municipality” means a municipal corporation in Maryland that is subject to the provisions of Article XI-E of the Maryland Constitution.

(19) “Nonprofit organization” means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.

(20) “Program” means the African American Heritage Preservation Program of the Trust established by the Act.

(21) “Rehabilitation” means the act or process of returning an historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features which are significant to its historical and cultural values.

(22) “Restoration” means the act or process of applying measures to sustain the existing form, integrity, and material of an historic property or of accurately recovering the form and details of an historic property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

(23) “Secretary” means the Secretary of the Maryland Department of Planning.

(24) “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.04 Eligible Grantees.

A. Subject to §B of this regulation, the following are eligible for grants under the Program, subject to meeting the grant selection criteria of Regulation .06B of this chapter:

(1) A nonprofit organization;

(2) A local jurisdiction;

(3) An individual; and

(4) A business entity.

B. To be eligible for a grant, a nonprofit organization or a business entity shall be in good standing, qualified to do business in Maryland, and have the legal capacity and all necessary legal authority to incur the obligations and requirements of the grant.

Cross References

34.04.09.07A(1)(a)

34.04.09.07B(1)(a)

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.05 Eligible Projects.

A. Subject to §C of this regulation, and except as provided in §B of this regulation, the Trust may provide a grant from the Grant Fund to any eligible grantee for completion of an African American Heritage Preservation Project.

B. A grant from the Grant Fund may not be used to assist a project that includes restoration, rehabilitation, or other construction or improvement to a historic property if:

(1) The project does not meet the Secretary of the Interior’s Standards for Treatment of Historic Properties; or

(2) Any acquisition, rehabilitation, restoration, or other construction or improvement of the property for which grant funds are sought is already under way or completed at the time a grant application is submitted.

C. To be eligible for a grant, a project must have as the applicant an eligible grantee who:

(1) Owns the property where the project is located; or

(2) Has a leasehold interest, contract, option, or other written agreement or instrument, acceptable to the Trust, that gives the applicant the legal right to carry out the project on the property.

Cross References

34.04.09.06A(2)(c)(ix)

34.04.09.07A(1)(b)

34.04.09.07B(1)(b)

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.06 Grant Allocation Procedures.

A. Annual Application Solicitation and Submission.

(1) Once during each fiscal year for which funds are available in the Grant Fund for the award of grants, the Trust and the Commission shall jointly:

(a) Solicit applications for the award of grants under the Program by issuing a public announcement regarding the availability of grant funds under the Program that:

(i) Includes a description of the application process;

(ii) States the total anticipated funding available;

(iii) Identifies criteria for eligible grantees and projects;

(iv) Provides a deadline date for submission of grant applications;

(v) Provides an estimated timeline for project selection and grant award; and

(vi) As appropriate, includes suggested recommendations on the types of projects to which the Trust and the Commission intend to give special consideration for funding;

(b) Send the public announcement by email to African American heritage preservation organizations and other related organizations Statewide;

(c) Issue a press release that includes the public announcement; and

(d) Post the public announcement on the Trust's website.

(2) Grant applications shall be submitted to the Trust in form prescribed by the Trust and shall include:

(a) A description of the scope and purpose of the project;

(b) A project budget, in a form acceptable to the Trust, that:

(i) Details anticipated project costs and expenses;

(ii) Identifies all sources and uses of project funds; and

(iii) Includes the estimated total cost of the overall project;

(c) Sufficient information and documentation to:

(i) Evaluate the historical or cultural significance of the property;

(ii) Determine the relationship of the project to the types of projects that the Trust and the Commission may have noted for special consideration under §A(1)(a)(vi) of this regulation;

(iii) Determine the ownership and all lessees or substantial users of the property;

(iv) Evaluate the current and proposed condition and use of the property;

(v) Evaluate the extent, if any, to which the project will change the type of use or increase the intensity of the existing use of the property;

(vi) Evaluate the nature and cost of the project;

(vii) Evaluate the readiness of the applicant to commence the project and applicant's ability to complete the project within an established time frame;

(viii) Evaluate the applicant’s administrative and financial capacity and capability; and

(ix) Establish that the applicant has site control of the property as required by Regulation .05C(2) of this chapter;

(d) Copies of applicant's organizational documents; and

(e) Such other information as determined necessary by the Trust and the Commission.

B. Selection Criteria.

(1) The Trust and the Commission shall review and evaluate grant applications in accordance with the following selection criteria:

(a) Relative historical or cultural significance of the project to the African American experience in Maryland;

(b) Public necessity for the project;

(c) Urgency of the project;

(d) If applicable, the degree to which the project relates to the types of projects that the Trust and the Commission have noted for special consideration under §A(1)(a)(vi) of this regulation;

(e) Estimated cost and timeliness for executing the project;

(f) Extent to which the project will contribute to the cumulative equitable Statewide geographic diversity and distribution of funds considering relative concentrations of historic properties;

(g) Inclusion within the project scope of long-term preservation measures that will protect the property or resource that is the subject of the project;

(h) Comprehensiveness of the scope of the project;

(i) The applicant's capacity to administer the project;

(j) Extent to which the project might stimulate or promote other African American heritage preservation activities;

(k) Informational and educational value of the project;

(l) Demonstration and innovation value of the project;

(m) Need for additional sources of funding for the project;

(n) Applicant's readiness to commence the project;

(o) Applicant's ability, including financial ability and capacity, to complete the project within an established time frame; and

(p) Any additional criteria which the Trust and the Commission consider to be appropriate.

(2) The Trust and the Commission may assign differing weights to the criteria set forth in §B(1) of this regulation and the weights may vary from time to time.

C. Emergency Grants.

(1) The Secretary may reserve during any fiscal year up to 20 percent of the funds available during that year in the Grant Fund to be used for emergency project grants for grantees and projects that qualify as eligible under Regulations .04 and .05 of this chapter but not otherwise applied for under the annual procedures established under §A of this regulation.

(2) A project may qualify for an emergency project grant if:

(a) An unpredictable or unforeseen situation has occurred which may necessitate an immediate need to undertake the project; or

(b) The project is one which provides a special opportunity to undertake a qualifying activity within a narrow time frame.

(3) An application for an emergency project grant shall:

(a) Be submitted to the Trust in form and content as proscribed under §A(2) of this regulation; and

(b) Include a description of the nature of the emergency and an explanation as to why the applicant cannot wait until the next annual grant application deadline date to apply for the grant.

Cross References

34.04.09.04A

34.04.09.07A(1)

34.04.09.07A(3)(b)

34.04.09.07B(1)

34.04.09.07B(3)(b)

34.04.09.07C(2)

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.07 Review and Approval.

A. Procedures for Review of Annual Grant Applications.

(1) For each grant application timely submitted to the Trust in accordance with Regulation .06A of this chapter, Trust staff shall review the application and determine if:

(a) The applicant is an eligible grantee under Regulation .04 of this chapter; and

(b) The proposed project is an eligible project under Regulation .05 of this chapter.

(2) Following its review under §A(1) of this regulation, Trust staff shall:

(a) Transmit to the Commission all grant applications for which staff determined during review that both the grantee and the project are eligible; or

(b) Send a notice of ineligibility to each grant applicant for which staff determined during review that either the grantee or the project is not eligible.

(3) Upon receipt of applications transmitted by Trust staff under §A(2)(a) of this regulation, the Commission shall:

(a) Review each application and the recommendations made by Trust staff;

(b) Evaluate and rank competitively the applications in accordance with the selection criteria under Regulation .06B of this chapter;

(c) Recommend funding levels for the projects it determines worthy of the award of a grant; and

(d) Transmit to the Board of Trustees the Commission’s evaluations, rankings, and recommendations.

(4) Upon receipt of the information transmitted by the Commission under §A(3)(d) of this regulation, the Trustees shall:

(a) Review the Commission’s evaluations, rankings, and recommendations;

(b) Refine or revise the Commission’s rankings and recommendations as the Trustees deem appropriate; and

(c) Forward to the Secretary recommendations on each application as to whether the applicant should be awarded a grant and in what amount.

B. Procedures for Review of Emergency Applications.

(1) For each emergency grant application submitted to the Trust under Regulation .06C of this chapter, Trust staff shall review the application and determine if:

(a) The applicant is a eligible grantee under Regulation .04 of this chapter; and

(b) The proposed project is an eligible project under Regulation .05 of this chapter.

(2) Following its review under §B(1) of this regulation, Trust staff shall:

(a) Transmit the application to the Commission if staff determined during its review that both the grantee and the project are eligible; or

(b) Send a notice of ineligibility to the applicant if staff determined during its review that either the grantee or the project is not eligible.

(3) Upon receipt of an application by Trust staff under §B(2)(a) of this regulation, the Commission shall:

(a) Review the application and the recommendation made by Trust staff;

(b) Evaluate the application in accordance with the selection criteria under Regulation .06B of this chapter;

(c) Evaluate the nature of the emergency;

(d) Recommend a fund level for the project if it determines the project worthy of the award of a grant; and

(e) Transmit to the Board of Trustees the Commission’s evaluation and recommendation.

(4) Upon receipt of the information transmitted by the Commission under §B(3) of this regulation, the Trustees shall:

(a) Review the Commission’s evaluation and recommendation;

(b) Refine or revise the Commission’s recommendation as the Trustees deem appropriate; and

(c) Forward to the Secretary a recommendation as to whether the applicant should be awarded a grant and in what amount.

C. Secretary’s Review and Approval. The Secretary shall:

(1) Review each grant application forwarded to the Secretary by the Trustees and the recommendations of the Trust and of the Commission;

(2) Evaluate each grant application against the selection criteria set forth in Regulation .06B of this chapter and, as applicable, the nature of any emergency; and

(3) Make a final decision to:

(a) Approve the grant and in what amount;

(b) Approve the grant with modifications; or

(c) Deny the grant.

D. Board of Public Works Approval. For all grants awarded by the Secretary under §C of this regulation that are to be funded with the proceeds of the sale of State general obligation bonds, the Trust shall submit the grant agreement to the Board of Public Works for approval.

E. Final Decision. The decision on a grant application of the Secretary under §C of this regulation, or, as appropriate, of the Board of Public Works under §D of this regulation, is final and not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

F. Inapplicable Provisions. Grants submitted to the Board of Public Works in accordance with §D of this regulation are not subject to the provisions of the State Finance and Procurement Article, Title 4, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.

Cross References

34.04.09.11

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.08 Grant Terms and Conditions.

A. Grant Amount. A grant may not exceed $500,000.

B. Grant Disbursement. Disbursement will be made as the project progresses based upon requests for disbursement submitted by the grantee in accordance with the terms of the grant documents and in a form satisfactory to the Trust.

C. Additional Grant Requirements.

(1) Deeds of Easement and Preservation Agreements.

(a) If a grant is for a project on real property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, the grantee and the owner of the real property, if the owner is not the grantee, shall convey to the Trust a deed of easement containing preservation covenants applicable to the real property, in form, substance, and duration satisfactory to the Trust, which shall be recorded in the land records of the local jurisdiction in which the real property is situated.

(b) A deed of easement conveyed pursuant to §D(1)(a) of the regulation may contain conditional lien provisions and other provisions which require reimbursement of the grant if the encumbrance of the deed of easement is extinguished by the foreclosure of a prior lien or otherwise or if the deed of easement is determined not to be legally enforceable for any reason.

(c) If a grant is for a project affecting property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, and is other than real property, the grantee and the owner of the property, if the owner is not the grantee, shall enter into an agreement with the Trust to preserve and maintain the property in such manner and duration as is acceptable to the Trust.

(d) The preservation agreement or deed of easement requirements of §D(1)(a) and (c) of this regulation may be modified or waived by the Director if the Director determines that such an agreement or easement is impracticable, infeasible, or not necessary under the circumstances.

(e) The requirement in §D(1)(a) of this regulation that a deed of easement be conveyed by a property owner if the owner is not the grantee may be modified or waived by the Director, as necessary, if the subject property is long-term leasehold property.

(2) Title to Real Property. The Trust, in its discretion, may require a grantee to provide evidence of title, acceptable to the Trust, that certifies title to the real property on which the grantee will undertake the project for which the grant is awarded. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust.

(3) Insurance. A grantee shall insure the property where the project is located against loss or damage by fire and other hazards, casualties, and contingencies as may be required by the Trust in amounts satisfactory to the Trust.

(4) Review of Plans and Specifications. If a grant is for a project on historic property:

(a) The plans and specifications for the project shall be subject to the review and approval of the Trust;

(b) All aspects of the project shall conform to the acquisition, protection, stabilization, preservation, rehabilitation, restoration, reconstruction, and other applicable standards established or applied by the Trust, including, but not limited to, the Secretary of the Interior's Standards for Treatment of Historic Properties; and

(c) The grantee shall permit the Trust to inspect ongoing construction and to ensure that the grantee is undertaking the project in conformance with all applicable standards and requirements.

D. Other Requirements. The Commission and the Trust may establish in grant documents other terms and conditions of a grant as considered reasonable and necessary by the Commission and the Trust.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.09 Grantee Administration.

A. Books, Accounts, and Records.

(1) Grantees, contractors, and subcontractors shall maintain those books, accounts, and records and shall file with the Commission and the Trust those financial and other reports as the Commission and the Trust may from time to time require. All such books, accounts, and records shall be open to the inspection of representatives of the Commission and the Trust or other agencies of the State during reasonable working hours before, during, or after the period of time during which the grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Commission or the Trust upon request.

(2) Books, accounts, and records of a grantee's contractors and subcontractors shall be maintained and made available for inspection for up to 3 years after either the date of grantee's final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later.

B. Reports. Grantees shall submit a final report, and interim reports as may be required by the Commission and the Trust that document project progress and evaluate project effectiveness.

C. Nondiscrimination.

(1) A grantee may not discriminate on the basis of age (except with respect to residents in elderly projects), ancestry, color, creed, gender identity and expression, genetic information, marital status, national origin, physical or mental handicap, race, religion, sex, and sexual orientation.

(2) Each grantee shall comply with all applicable federal, State, and local laws and departmental policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices including:

(a) Titles VI and VII of the Civil Rights Act of 1964, as amended;

(b) Title VIII of the Civil Rights Act of 1968, as amended;

(c) The Governor's Code of Fair Practices, as amended; and

(d) The Department's Minority Business Enterprise Program, if any, as amended, if the grantee does not have its own minority business participation program which is acceptable to the Commission and the Trust.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.10 Program Administration.

A. Any action or decision required or permitted to be taken or made by the Secretary, the Commission, or the Trust under this chapter may be taken or made by the Secretary’s designee, the Executive Director of the Commission or a designee, or the Director of the Trust or a designee.

B. The Commission and the Trust may terminate a grant or refuse to make additional disbursements under the applicable grant documents if it finds that the grantee is not complying with any of the requirements of the Program or the grant documents.

C. The Commission and the Trust may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public.

D. After a grant has been awarded, the Commission and the Trust may:

(1) Cancel or reduce the grant, and withhold any funds not yet disbursed if the grantee has not expended all grant funds within 24 months of the effective date of the grant documents, and the grant documents may prescribe a shorter period of time if warranted by the circumstances of the project; or

(2) Subject to the availability of funds, increase the grant or extend the time limit for completing the project if the grantee demonstrates to the satisfaction of the Commission and the Trust that the circumstances warrant such an increase or extension.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
COMAR 34.04.09.11 Waiver.

Except for provisions of Regulation .07D of this chapter relating to Board of Public Works approval, the Secretary may waive or vary particular provisions of this chapter if:

A. The waiver or variance is not inconsistent with the authorizing provisions of the Act; and

B. In the written determination of the Secretary, application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

History

  • Administrative History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
  • Administrative History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
  • Administrative History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
  • Administrative History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
  • Administrative History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)
  • Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland

34.05.01 Redistricting Prison Populations

COMAR 34.05.01.01 Purpose.

The purpose of this subtitle is to carry out the provisions of Ch. 67, Acts of 2010, which mandates that for a person incarcerated in either a State or a federal correctional facility the population figures used for the congressional and legislative districting plans that follow each decennial census count the person at the location of the person’s last known residence before incarceration.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 25, 2011 (38:7 Md. R. 428); adopted permanently effective September 5, 2011 (38:18 Md. R. 1078)
  • Administrative History: Regulation .01 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .03B amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .04 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Authority: Local Government Article, §1-1307; State Finance and Procurement Article, §§5-203, 5-301, and 5-306; State Government Article, §2-2A-01; Annotated Code of Maryland
COMAR 34.05.01.02 Scope.

This subtitle applies to the congressional redistricting plan, the legislative redistricting plan for the General Assembly, and legislative districts that are used to elect the governing body of a county or municipal corporation,

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 25, 2011 (38:7 Md. R. 428); adopted permanently effective September 5, 2011 (38:18 Md. R. 1078)
  • Administrative History: Regulation .01 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .03B amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .04 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Authority: Local Government Article, §1-1307; State Finance and Procurement Article, §§5-203, 5-301, and 5-306; State Government Article, §2-2A-01; Annotated Code of Maryland
COMAR 34.05.01.03 Definitions.

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

B. Terms Defined.

(1) “Bureau” means the Federal Bureau of Prisons.

(2) “Correctional Services” means the Department of Public Safety and Correctional Services.

(3) “Department” means the Maryland Department of Planning.

(4) “Federal correctional facility” means a correctional facility that is located within Maryland and operated by the Bureau.

(5) “Geocode” means the process of establishing geographical coordinates from a postal address.

(6) Incarcerated Individual.

(a) “Incarcerated individual” means an individual who is actually or constructively detained in a State correctional facility or a federal correctional facility on the date of the decennial census.

(b) “Incarcerated individual” does not include an individual:

(i) Who is detained in a local correctional facility; or

(ii) Whose last known residence is not within the State of Maryland.

(7) “Last known residence” means the domicile of an incarcerated individual immediately prior to the incarceration.

(8) State Correctional Facility.

(a) “State correctional facility” means a correctional facility that is operated by the State.

(b) “State correctional facility” includes the:

(i) Baltimore City Detention Center; and

(ii) Patuxent Institution.

(c) “State correctional facility” does not include:

(i) The centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in Correctional Services; or

(ii) A local correctional facility as defined in Correctional Services Article, §1-101, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 25, 2011 (38:7 Md. R. 428); adopted permanently effective September 5, 2011 (38:18 Md. R. 1078)
  • Administrative History: Regulation .01 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .03B amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .04 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Authority: Local Government Article, §1-1307; State Finance and Procurement Article, §§5-203, 5-301, and 5-306; State Government Article, §2-2A-01; Annotated Code of Maryland
COMAR 34.05.01.04 Geocoding Last Known Residence of Incarcerated Individuals.

A. Following completion of each decennial census, the Department shall:

(1) Request and receive from Correctional Services and the Bureau the address of the last known residence for each incarcerated individual; and

(2) Subject to §§B and C of this regulation, geocode for each incarcerated individual the address of the last known residence received from Correctional Services or the Bureau.

B. The Department shall make reasonable efforts to correct any address received from Correctional Services or the Bureau that the Department is unable to geocode by, among other things:

(1) Verifying and correcting the address zip code against the United States Postal Service zip code locator;

(2) Correcting any misspellings in the address;

(3) Correcting or adding a street suffix or prefix;

(4) Correcting or adding a street direction; and

(5) Removing from the address any extraneous, superfluous, or inaccurate information.

C. When Unable to Geocode Last Known Residence. The last known residence of an incarcerated individual shall be the State or federal correctional facility where the individual is incarcerated if:

(1) The address provided to the Department for the individual by Correctional Services or the Bureau cannot be geocoded for reasons included in §D of this regulation; or

(2) The Department is unable to geocode the address provided to the Department for the individual by Correctional Services or the Bureau after making reasonable efforts in accordance with §B of this regulation.

D. Addresses that cannot be geocoded include:

(1) An address defined as “homeless”;

(2) An address listed as no address for an individual;

(3) An address identified as a State or federal correctional facility;

(4) A rural route address;

(5) A post office box address;

(6) An address that includes no house number;

(7) An address with other errors or omissions that cannot be corrected in accordance with §B of this regulation; and

(8) An address that cannot be located through use of the geocoder mapping applications utilized by the Bureau.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 25, 2011 (38:7 Md. R. 428); adopted permanently effective September 5, 2011 (38:18 Md. R. 1078)
  • Administrative History: Regulation .01 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .03B amended effective July 16, 2020 (47:14 Md. R. 676)
  • Administrative History: Regulation .04 amended effective July 16, 2020 (47:14 Md. R. 676)
  • Authority: Local Government Article, §1-1307; State Finance and Procurement Article, §§5-203, 5-301, and 5-306; State Government Article, §2-2A-01; Annotated Code of Maryland

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