Md. Code Regs. 26.22.01.06

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.22.01.06 - Local Certification

A. An application may not be processed further until the county in which the facility is to be located or in which the pipeline is to terminate has certified to the Secretary one of the following:

(1) All local land use classifications including zoning, variances, special exceptions, or conditional uses necessary for the location and operation of the facility have been or will be granted;

(2) The county has postponed certification pending completion of the statement; or

(3) Local land-use classifications necessary for the location and operation of the facility have been or will be denied.

B. If there has been no local government decision pursuant to §A of this regulation within 60 days after notice that an application has been received appears in the Maryland Register, then the Secretary may assume that the local government has stayed its decision, pursuant to §A(2), and may proceed with preparation of the statement.

C. If the county certifies its approval or stays certification, then the Secretary shall proceed to process the application. If the county notifies the State of its denial, then the application process shall terminate.

D. Once the statement is complete, but before the Secretary's decision, a county that has stayed its decision pursuant to §A(2) of this regulation or by operation of §B of this regulation shall certify to the Secretary one of the following:

(1) All local land-use classifications including zoning, special exceptions, variances, conditional uses, and other permits or required local government actions necessary for the location or operation of the facility have been granted;

(2) The county supports the location and operation of the proposed facility and reasonably expects to grant local land-use classifications including zoning, special exceptions, variances, conditional uses, and other permits or required local government actions necessary for the location and operation of the facility; or

(3) Local land-use classifications necessary for the location or operation of the facility have been or will be denied.

E. If the county certifies its approval pursuant to §D(1) or (2) of this regulation, the Secretary shall continue to process the application. If the county notifies the State of its denial, then the application process shall terminate.

Md. Code Regs. 26.22.01.06

Regulations .06 amended effective February 10, 1978 (5:3 Md. R. 138)