Code of Maryland Regulations
Title 24 - DEPARTMENT OF COMMERCE
Subtitle 05 - ECONOMIC DEVELOPMENT
Chapter 24.05.01 - Enterprise Zones
Section 24.05.01.14 - Application Requirements for Designation of an Enterprise Zone

Universal Citation: MD Code Reg 24.05.01.14

Current through Register Vol. 51, No. 6, March 22, 2024

A. Requirements. The Secretary may not designate any area an enterprise zone unless the area:

(1) Is designated as a priority funding area or meets an exception under State Finance and Procurement Article, Subtitle 7B, Annotated Code of Maryland; and

(2) Satisfies at least one of the following requirements:
(a) The average rate of unemployment in the area, or within a reasonable proximity within the county to the area, for the most recent 18-month period for which data is available, shall be at least 150 percent of the average rate of unemployment in either the State of Maryland or the United States, whichever average rate is greater during that same period;

(b) The population in the area, or within a reasonable proximity within the county to that area, is, on the basis of the most recent census, a low-income poverty area in which the proportion of families with less than poverty level incomes is at least 1.25 times the national proportion;

(c) At least 70 percent of the families living in the area, or within a reasonable proximity within the county to that area, based on the most recent census, have incomes that are less than an amount equal to 80 percent of the median family income within the political subdivision in which the area is located; or

(d) The population in the area, or within a reasonable proximity within the county to that area, decreased by 10 percent between the date of the most recent census and the date of the immediately preceding census and the political subdivision can demonstrate to the Secretary's satisfaction that either chronic abandonment or demolition of the property is occurring in that area or substantial property tax arrearages exist within the area.

B. A political subdivision which chooses to generate statistics or use those of others to support compliance with §A of this regulation shall, at least 60 days before the submission date, deliver to the Secretary the statistics in detail including all background data, source, methodology, and certification by the person or persons responsible for preparation.

C. Other Requirements. In addition to §§A and B of this regulation, each political subdivision shall submit the following elements:

(1) A vicinity map and plan of the proposed zone indicating existing improvements and, if known, their historic significance and any proposed State capital improvements projects that affect the proposed zone.

(2) A tax map or block plat identifying those properties that are within the proposed zone, an indication as to those publicly or privately held, an analysis of current building use or uses and employment levels, and such other information as shall be established by the Secretary.

(3) A statement whether the political subdivision has examined the feasibility of creating educational or training opportunities for employers and employees of business enterprises located or to be located in the proposed zone. If these opportunities are to be established, indicate the nature, type and sponsorship of the educational or training opportunities. If these opportunities are not to be established, indicate the reason.

(4) A plan covering the responsibility for management of the zone.

(5) Standards to be imposed by the political subdivision with which a business entity shall comply, either initially or continuously, as a precondition to receiving the Enterprise Zones Program incentives and initiatives. A political subdivision may require a business entity to provide an annual report containing information required by the Secretary as a precondition to the business entity receiving an eligibility certification for the Enterprise Zones Program incentives and initiatives.

(6) Additional incentives and initiatives the applicant jurisdiction may provide or establish to encourage business entities to locate within the proposed zone.

(7) Evidence and certification that the political subdivision, before submission, held a public hearing with adequate notice and publicity on the application.

(8) A written narrative to explain the goals and strategy for the zone.

(9) If the size of the proposed zone exceeds 160 acres, a written justification of the size of the proposed zone.

(10) Either a certification that all properties proposed for inclusion in the enterprise zone are priority funding areas under State Finance and Procurement Article, § 5-7 B-03, Annotated Code of Maryland, or a justification as to why any property that is not in a priority funding area should be included in the enterprise zone.

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