1. A. Within 90 days of receiving a proposal under Regulation .03 of this chapter, the Authority shall:

   1. (1) Hold at least one public hearing concerning the proposed management plan within the proposed certified heritage; and
   2. (2) Approve, approve with conditions, or disapprove the proposed management plan.

2. B. The Authority shall disapprove a proposed management plan for a proposed certified heritage area if the Authority determines that:

   1. (1) The management plan does not adequately carry out the purposes of the Act; or
   2. (2) The proposal does not include all information required under, or meet all requirements of, Regulation .03D of this chapter.

3. C. If the Authority determines that a proposed management plan for a proposed certified heritage area includes all information required under, and meets all requirements of, Regulation .03D of this chapter, the Authority may:

   1. (1) Approve the proposed management plan; or
   2. (2) Approve the proposed management plan subject to one or more modifications as determined necessary by the Authority.

4. D. In determining whether to approval or disapprove a proposal under this regulation, the Authority may consider as factors:

   1. (1) The number of certified heritage areas in existence at the time of the determination; and
   2. (2) Financial resources available or anticipated to be available.

5. E. Upon reaching a determination under either §B or C of this regulation, the Authority shall promptly send written notice to the heritage area management entity and each local jurisdiction that submitted the proposed management plan:

   1. (1) Of the Authority’s determination; and
   2. (2) If the Authority disapproved the plan, of the reasons for disapproval and recommendations on how the plan might be revised to make it approvable.
6. F. Subject to §G of this regulation, an approval or an approval with modifications by the Authority of a proposed management plan shall constitute designation of the proposed certified heritage area as a certified heritage area.
7. G. During any one State fiscal year, the Authority may designate not more than two recognized heritage areas as certified heritage areas.

8. H. The boundaries of a certified heritage area shall be:

   1. (1) The boundaries of the proposed certified heritage area as identified in the geographic information system file submitted with the proposal for designation as a certified heritage area, as approved or approved with modifications by the Authority;
   2. (2) Published in the Maryland Register by the Authority in the form of a Uniform Resource Locator (URL) to the geographic information system file; and
   3. (3) 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.

Authority: Financial Institutions Article, §§13-1107(6) and (12), 13-1111, and 13-1113, Annotated Code of Maryland

Effective date: October 20, 1997 (24:21 Md. R. 1452)

Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 406)

Regulation .03B amended effective December 25, 2000 (27:25 Md. R.2283); August 18, 2003 (30:16 Md. R. 1076)

Regulation .04 amended effective December 25, 2000 (27:25 Md. R. 2283); June 10, 2002 (29:11 Md. R. 890); August 18, 2003 (30:16 Md. R. 1076); April 24, 2017 (44:8 Md. R. 406)

Regulation .05 amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

Regulation .05A amended effective April 24, 2017 (44:8 Md. R. 406)

Regulation .06 amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

Regulation .06A amended effective April 24, 2017 (44:8 Md. R. 406)

Regulation .08A amended effective September 7, 1998 (25:18 Md. R. 1437); December 25, 2000 (27:25 Md. R. 2283)

Regulation .09B amended effective December 25, 2000 (27:25 Md. R. 2283)

Regulations .01—.12 repealed and new Regulations .01—.10 adopted effective November 4, 2019 (46:22 Md. R. 978)