- A. General. If the Department approves a capital project and it falls within the limits of the funds available according to the annual priority list, a proposal for funding the capital project with appropriate conditions will be presented, along with reviews from appropriate agencies, to the Board of Public Works for approval and commitment of funds. No project will be submitted to the Board of Public Works until the subdivision certifies that its share of the funds is available and that it will properly operate and maintain the project to assure that the project benefits are realized.
- B. Department's Share of Capital Project Cost. The amount of any grant made by the Department may be up to 75 percent of the funding of a flood management project that does not receive federal funds. The Department may provide up to 50 percent of the nonfederal share of the funding for a project which receives federal funds and meets the criteria of these regulations and Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland, but may not exceed the amount of local funds.
- C. Recovery of Grant. The Department may investigate, inspect, or audit any capital project involving grant funds. If the Department determines that the capital project is not being performed according to the approved application or flood management plan, the Department may withhold funding and require reimbursement by the subdivision.
Authority: Environment Article, §§5-203, 5-802 and 5-803, Annotated Code of Maryland
Effective date: September 14, 1981 (8:18 Md. R. 1478)
Regulation .02A amended as an emergency provision effective December 15, 1981 (9:1 Md. R. 17), expired May 8, 1982; amended as an emergency provision effective December 1, 1982 (10:1 Md. R. 19), expired June 30, 1983; amended as an emergency provision effective December 2, 1983 (10:26 Md. R. 2336), expired March 31, 1984 (Emergency provisions are temporary and not printed in COMAR)
Regulation .02A amended effective April 9, 1984 (11:7 Md. R. 622)
Chapter recodified from COMAR 08.05.08 to COMAR 26.17.05, June 1996
Regulation .05B amended effective July 8, 2002 (29:13 Md. R. 993)