Sec. 14.29.02.05. Revisions to Management Plans and Certified Heritage Area Boundaries

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Administrative revision” means a revision of or change to an approved management plan for a certified heritage area that relates to the administration of the heritage area by the heritage area management entity and does not revise or change the management plan’s themes, areas of focus, goals and objectives, or other programmatic components.

(b) “Programmatic revision” means a revision of or change to an approved management plan for a certified heritage area that revises or changes the management plan’s themes, areas of focus, goals and objectives, or other programmatic components.

B. Administrative Revisions to Approved Management Plans.

(1) A heritage area management entity for a certified heritage area may propose an administrative revision to the approved management plan for the heritage area by:

(a) Submitting the proposal to the Authority in writing; and

(b) Providing a copy of the proposal to each local jurisdiction located within the heritage area.

(2) Within 90 days of receiving a proposal made under this section, the Authority shall:

(a) Complete its review of the proposal;

(b) Determine whether the proposal would adequately carry out the purposes of the Act;

(c) Approve, approve with modification, or disapprove the proposal; and

(d) Send written notice to the heritage area management entity of the action taken by the Authority on the proposal.

C. Programmatic Revisions to Approved Management Plans; Certain Expansions of Certified Heritage Area Boundaries.

(1) A heritage area management entity for a certified heritage area may submit a proposal to:

(a) Make a programmatic revision to the approved management plan for a certified heritage area; or

(b) Amend or revise the boundaries of a certified heritage area to include property not contemplated in the approved management plan for inclusion in the certified heritage area.

(2) For a proposal submitted under §C(1) of this regulation, the proposal shall:

(a) Be approved by the heritage area management entity;

(b) Be approved by resolution, ordinance, or other appropriate authorization issued by the governing body of:

(i) For a revision to a management plan under §C(1)(a) of this regulation, each local jurisdiction with land area located within the certified heritage area; or

(ii) For an amendment or revision to a heritage area boundary under §C(1)(b) of this regulation, each local jurisdiction with land area located within the property proposed to be added to the certified heritage area;

(c) For a proposed boundary amendment, include a geographic information system file of the revised boundary; and

(d) Be jointly submitted in writing to the Authority by the heritage are management entity and each local jurisdiction from which approval is required under §C(2)(b) of this regulation.

(3) Within 90 days of receiving a proposal under this section, the Authority shall:

(a) Hold at least one public hearing in the certified heritage area concerning the proposal;

(b) Determine whether the proposal would adequately carry out the purposes of the Act;

(c) Approve, approve with modification, or disapprove the proposal; and

(d) Send written notice to the heritage area management entity and each local jurisdiction with land area located within the certified heritage area of the action taken by the Authority on the proposal.

D. Other Boundary Amendments.

(1) A proposal to amend or revise the boundary of a certified heritage area to either remove property from the heritage area or to add or include within the heritage area property that the approved management plan contemplates for inclusion shall be:

(a) Approved by the heritage area management entity;

(b) Approved by resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdictions with land area located within the property proposed to be added to or removed from the certified heritage area; and

(c) Jointly submitted in writing to the Authority by the heritage area management entity and each such local jurisdiction, which submission shall include a geographic information system file of the revised boundary.

(2) Within 90 days of receiving a proposal made under this section, the Authority shall:

(a) Determine whether the proposal would adequately carry out the purposes of the Act;

(b) Approve, approve with modifications, or disapprove the proposal; and

(c) Send written notice to the heritage area management entity and each local jurisdiction with land area located within the property proposed to be added to or removed from the certified heritage area of the action taken by the Authority on the proposal.

E. Effective Date of Revisions.

(1) A revision to an approved management plan approved by the Authority under either §B or C of this regulation is effective upon approval of the revision by the Authority.

(2) A boundary amendment or revision approved by the Authority under either §C or D this regulation is effective upon publication by the Authority in the Maryland Register of the Uniform Resource Locator (URL) to a geographic information system file for the revised boundary.

(3) A boundary amendment or revision approved by the Authority under this regulation shall be posted on the website of the Maryland Historical Trust in the form of a Uniform Resource Locator (URL) to the geographic information system file, a copy of which shall be sent electronically to the office of the county clerk of the county or counties in which the certified heritage area is located.