reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 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 › Section 34.02.02.04 - Reporting Excess Property

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 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 › Section 34.02.02.05 - Post-Determination Actions

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 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 › Section 34.02.02.06 - Substantial Change

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 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 › Section 34.02.02.07 - Rights-of-Way and Easements

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 02 - STATE CLEARINGHOUSE › Chapter 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 › Section 34.02.02.08 - Monetary Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.01 - Nature and Purpose of Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.02 - General Policy on Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.03 - Intervention in Local Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.04 - Intervention in Proceedings of Regional, State, Interstate, and Federal Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.05 - Requests for Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.06 - Notice by Local Governments to the Department

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.07 - Coordination with Units of State Government

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.01 - Standards for Intervention in Land Use Proceedings › Section 34.03.01.08 - Standards Do Not Limit Authority

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.02 - Guidelines for the Designation of Areas of Critical State Concern › Section 34.03.02.01 - Time Schedule for Compliance with Land Use Article, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
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 offormer 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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.03 - Goals

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.04 - Eligibility and Certification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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;
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.05 - Application for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.06 - Application Review and Certification

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.07 - Recertification

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.08 - Periods of Certification and Recertification

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.09 - Effect of Certification or Recertification

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.10 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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(l)(a) for that certification or recertification period.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 03 - LAND USE › Chapter 34.03.03 - Certification of County Agricultural Land Preservation Programs › Section 34.03.03.11 - Changes to a County Priority Preservation Area

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.04 - Eligible Grantees

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.05 - Eligible Activities

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.06 - General Grant Allocation Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.07 - Emergency Grant Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.08 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.09 - Grant Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.10 - Grantee Administration

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.11 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.12 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.01 - Maryland Historical Trust Historic Preservation Grant Program › Section 34.04.01.13 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Program is to provide a source of funding, including loans to local jurisdictions, nonprofit organizations, business entities, and individuals and to assist and encourage efforts to acquire and preserve historic properties.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.04 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following are eligible borrowers under the Program:
(1) Nonprofit organizations;
(2) Local jurisdictions;
(3) Business entities; and
(4) Individuals.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.05 - Eligible Activities

Current through Register Vol. 51, No. 14, July 12, 2024
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) Predevelopment 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,
(b) Borrower has evidence of permanent financing to serve as the source of repayment of the loan, and
(c) Predevelopment costs are for studies, surveys, tests, plans and specifications, or other reasonable fees, as determined by the Director, for architectural, design, engineering, and other special services directly associated with the historic preservation nature of the project.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.06 - Application and Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Solicitation. At least once during each fiscal year the Trust will solicit applications for loans through the issuance of a public announcement of the availability of funds under the Program. The Trust shall endeavor to send direct mail announcements to preservation organizations and local jurisdictions Statewide and to issue a press release containing the announcement.
B. Funds Allocation. It is the intent of the Trust that Program funds be distributed Statewide. Funds generally shall be available on a first-come, first-served basis based upon the satisfaction of application requirements and selection criteria contained in this regulation, especially the readiness of the project to initiate activity. If a project 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 without the necessity of a new application.
C. Forms and Documentation. Applications shall be made on standard forms prescribed by the Trust. Each application shall include sufficient information and documentation to:
(1) Evaluate the historical or cultural significance of the property;
(2) Determine the ownership and all lessees or substantial users of the property;
(3) 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;
(4) Evaluate the nature and cost of the proposed activity;
(5) Evaluate the income and repayment capability of the applicant;
(6) Evaluate the readiness of the project to initiate activity and to be completed within an established time frame;
(7) Evaluate the administrative capability of the applicant and project sponsor;
(8) Determine the level of contribution by the appropriate local jurisdiction to support the project proposed to be financed; and
(9) Support such other factors as determined necessary by the Trust.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.07 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.09 - Loan Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Books and Records.
(1) Borrowers, 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 term of the loan. Borrowers 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.
(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 the borrower's final expenditure of loan proceeds or the termination of the contractual relationship between the contractor and the borrower, whichever is later.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.10 - Default

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.11 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
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 loan or refuse to make additional disbursements under the loan documents if it finds that the borrower is not complying with any of the requirements of the Program or the loan 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.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.12 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
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.