The Department may fund a project if it complies with this regulation or Regulation .05 of this chapter. The project shall be determined to be consistent generally with the State Growth Policy, and demonstrate specifically that the project:

1. A. Is located:

   1. (1) On a site suitable for infill development or redevelopment which:

      1. (a) Is occupied by a structure to be rehabilitated,
      2. (b) Was previously improved with a structure, or
      3. (c) Is surrounded by development; or

   2. (2) In an area:

      1. (a) Designated for growth,
      2. (b) Within an existing sewer service area or an area planned for service within 5 years under the adopted county water and sewerage plan, and
      3. (c) With public facilities and services that are adequate under standards adopted by the local jurisdiction;

2. B. If in a rural area, is:

   1. (1) Located in an existing population center or its designated growth area; and
   2. (2) Sensitive to resource areas, including agricultural and forest lands;

3. C. Is designed with sensitivity for sensitive areas, including:

   1. (1) Streams and stream buffers;
   2. (2) 100-year flood plains;
   3. (3) Habitats of threatened or endangered species; and
   4. (4) Steep slopes; and
4. D. Is consistent with the comprehensive plan of the local jurisdiction in which the project is located.

Authority: State Finance and Procurement Article, §5-7A-02(a),
Annotated Code of Maryland;
Executive Order 01.01.1992.27C and F

Effective date:

Regulations .01—.07 under COMAR 05.01.06 Assisted Housing Preservation Act Exemptions adopted as an emergency provision effective May 4, 1990 (17:11 Md. R. 1331); emergency status expired January 4, 1991

Regulations .01—07 adopted effective December 20, 1993 (20:25 Md. R. 1940)