Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY
Chapter 14.29.02 - Adoption of Management Plans and Designation of Certified Heritage Areas
Section 14.29.02.03 - Proposals for Designation of Certified Heritage Areas

Universal Citation: MD Code Reg 14.29.02.03

Current through Register Vol. 51, No. 19, September 20, 2024

A. A local jurisdiction with land area located within the geographic boundaries of a recognized heritage area may submit to the Authority a proposal for designation of the recognized heritage area as a certified heritage area, and if land area of the recognized heritage area is located within more than one local jurisdiction the proposal shall be jointly submitted by each of the local jurisdictions.

B. Before submitting to the Authority a proposal for designation of a certified heritage area, the governing body of each local jurisdiction with land area located within the boundaries of the proposed certified heritage area must, by resolution, ordinance, or other appropriate authorization:

(1) Approve submission of the proposal to the Authority; and

(2) Preliminarily approve adoption of an amendment to the jurisdiction 's local plan that incorporates the management plan for the heritage area.

C. A proposal for designation of a certified heritage area shall be submitted to the Authority within 45 days after the last local jurisdictions' approvals under Regulation .03B of this chapter are completed.

D. A proposal for designation of a certified heritage area shall include:

(1) An adopted resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction with land area located within the boundaries of the proposed certified heritage area that amends the local plan of the local jurisdiction to incorporate the proposed management plan into the localplan;

(2) A proposed management plan for the heritage area that:
(a) Was developed in cooperation and consultation with the Authority and relevant private interests;

(b) Contains a geographic information system file that identifies the boundaries for the proposed certified heritage area;

(c) Identifies the heritage area management entity and describes:
(i) Its organizational structure;

(ii) Its relations with agencies of State and local government; and

(iii) The specific performance criteria and methods for data collection and analysis that the heritage area management entity will use to measure success in achieving the goals and objectives of the management plan;

(d) Identifies the land use recommendations for all land areas within the proposed certified heritage area as detailed in the corresponding localplan;

(e) Identifies the types of public and private uses that will be encouraged and promoted within the proposed certified heritage area;

(f) Identifies the local zoning for all land areas located within the proposed certified heritage area, which shall specify potential intensity of uses and identify those zones that are most appropriately devoted to, respectively, public uses and private uses;

(g) Identifies property, if any, to be acquired, in whole or in part, for the benefit of the proposed certified heritage area by a local jurisdiction or other entity authorized by a local jurisdiction;

(h) Describes those educational, interpretive, and recreational programs and projects planned to be undertaken within the proposed certified heritage area;

(i) Describes plans for encouraging and accommodating visitation to, and compatible economic development of, the proposed certified heritage area;

(j) Includes an economic assessment of both the short-term and long-term costs and benefits related to implementation of the management plan, including identification of anticipated sources of funding for implementation of the management plan;

(k) Contains an inventory and evaluation of the significant natural, recreational, cultural, and historic resources located within the proposed certified heritage area;

(I) Describes the plans and the means and methods for preserving and protecting the natural, recreational, cultural, and historic resources located within the proposed certified heritage area, including identification and summary of any existing or proposed local law or ordinance that:
(i) Designates or operates to protect cultural or historic properties or natural areas; and

(ii) Assures that future local actions and development will be consistent with the goals and objectives of preserving the natural, recreational, cultural, and historic resources of the proposed certified heritage area;

(m) If the management plan proposes enactment of local law or ordinance to provide for one or more historic preservation commissions that would govern historic sites, structures, or districts located within the proposed certified heritage area, verifies that the provisions of the proposed enactment or enactments will:
(i) Be consistent with Land Use Article, Title 8, Annotated Code of Maryland;

(ii) Provide that members of the historic preservation commission will have minimum professional requirements established by the United States Department of the Interior under Part 61, Title 36, Code of Federal Regulations, for certifying local governments; and

(iii) Provide that the historic preservation commission must review and approve the plans of any project that the local jurisdiction conducts, assists, licenses, or permits, if the project may affect a property located within the proposed certified heritage area that is either designated as historic by the local jurisdiction or is listed or eligible for listing in the Maryland Register of Historic Properties;

(n) Includes a schedule for the planning, development, and management of the proposed certified heritage area; and

(o) Demonstrates that the capabilities and capacities exist within the proposed certified heritage area, by or through either the heritage area management entity or local government agencies, to implement and manage the proposed certified heritage area, including the capability and capacity to:
(i) Accept and disburse funds;

(ii) Acquire, improve, and dispose of property;

(iii) Manage, operate, and maintain appropriate public facilities; and

(iv) Adopt and enforce land use and preservations standards and controls necessary to protect the significance natural, recreational, cultural, and historic resources located within the proposed certified heritage area; and

(3) Any additional information as may be requested by the Authority either prior or subsequent to submission of the proposal.

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