Md. Code Regs. 05.01.06.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.01.06.06 - Procedure

A. The determinations under Regulation .04 or .05 of this chapter shall be:

(1) Evidenced by a written project report signed by the unit and the Secretary's designee; and

(2) Finalized in accordance with the procedures set forth in this regulation and Regulation .07 of this chapter.

B. Filing.

(1) The Secretary's designee shall file with the State Office of Planning the project report required under §A(1) of this regulation.

(2) If the project report concludes that a project is an inconsistent project with extraordinary circumstances, the Secretary's designee shall submit with the report the documentation, if any, that the unit provided to any local jurisdiction directly affected by the project for comment on the project.

(3) The Secretary's designee may withdraw a project report filed with the Office of Planning by filing a withdrawal with the Office at any time before the determination becomes final.

C. Finality Determination. The determination evidenced by the project report under §A(1) of this regulation becomes final and the unit may proceed with the project after:

(1) For a determination of consistency, the date:

(a) The Interagency Economic Growth, Resource Protection, and Planning Committee concurs in the determination; or

(b) That is the later of:

(i) 15 days from the date the project report is filed with the Office of Planning, if no Committee member has requested review by the Committee, or

(ii) 45 days from the date the Committee has failed to act if a Committee member has requested review by the Committee;

(2) For a determination of inconsistency with extraordinary circumstances:

(a) The date the Committee concurs in the determination; or

(b) 45 days from the date the project report is filed with the Office of Planning, if the Committee has failed to act; or

(3) For a determination of consistency or of inconsistency with extraordinary circumstances in which the Committee does not concur and which the unit or the Committee refers to the Governor, the date the Governor determines the project is consistent or is inconsistent with extraordinary circumstances.

Md. Code Regs. 05.01.06.06

Regulations .06 under COMAR 05.01.06 Assisted Housing Preservation Act Exemptions adopted as an emergency provision effective May 4, 1990 (17:11 Md. R. 1331); emergency status expired January 4, 1991
Regulations .06 adopted effective December 20, 1993 (20:25 Md. R. 1940)