Sec. 27.02.05.01. General Provisions

A. Definitions.

(1) In this chapter, the following words have the meanings indicated.

(2) Terms Defined.

(a) “Intensely developed area” has the meaning stated under COMAR 27.01.02.03.

(b) “Limited development area” has the meaning stated under COMAR 27.01.02.04.

(c) “Linear project” includes the portion of a road, bridge, sewer line, water line, electrical line, cable line, fiber optic line, storm drain, gas pipeline, railroad, light rail line, sidewalk, bicycle lane, or similar development that is constrained within a public right-of-way or a dedicated easement.

(d) “Resource conservation area” has the meaning stated under COMAR 27.01.02.05.

(e) “State agency” or “agency” means the executive department within State government that:

(i) Owns or is responsible for management of the land on which development will occur; or

(ii) Proposes a development project.

B. The provisions of this chapter shall apply to an action of a State agency which results in development on State-owned land in the Critical Area, unless the action is included in:

(1) A program or class of activities for which the Commission has issued a general approval under COMAR 27.02.03; or

(2) A duly executed Memorandum of Understanding between the agency and the Commission that is applicable to the agency’s proposed development.

C. Notwithstanding any of the terms or conditions of a land lease that may exist between a State agency as lessor and a local jurisdiction as lessee, the provisions of this chapter do not apply to development by a local jurisdiction on State-owned land.

D. In order to determine the Critical Area land use classification for an area of State-owned land, the Commission shall use the standards under COMAR 27.01.02.03-.05 and 27.01.11.

E. For the purpose of calculating the growth allocation acreage available to each local jurisdiction, the following provisions shall apply:

(1) If State-owned land is classified as a resource conservation area under COMAR 27.01.02.05 and 27.01.11, that classification may not change the total acreage of growth allocation available to the local jurisdiction where the land is located; and

(2) Development on State-owned land classified by a local jurisdiction as a resource conservation area may not diminish the total acreage of growth allocation available to that jurisdiction.

F. When determining whether the adjacency requirement has been satisfied for an award of growth allocation under COMAR 27.01.02.06-3E(1) or (2), the acreage of State land classified as an intensely developed area or a limited development area may not be considered, unless approved by the Commission.