LAWRENCE J. HOGAN, JR., Governor Ch. 87
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Chapter 87
(Senate Bill 178)
AN ACT concerning
Program Open Space – Local Projects – Federal Funds
FOR the purpose of altering a requirement for an applicant to make a certain certification
relating to the availability of federal funds for a certain project on an application for
a certain local projects grant under Program Open Space; and generally relating to
Program Open Space local projects.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 5–906(c)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 5–906(e)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
5–906.
(c) The Department shall administer the local projects portion of Program Open
Space and promulgate and adopt rules and regulations governing submission of
applications and allowable project costs.
(e) The applicant shall certify on each application that:
(1) The project conforms to the annual program of the local governing body
as provided for in § 5–905(a) of this subtitle;
(2) A governmental agency is charged to manage and administer an
outdoor public recreation and open space program;
(3) Funds are available or will be available within 12 months of the date of
submission of the application to pay the local share of the project cost;
Ch. 87 2022 LAWS OF MARYLAND
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(4) The value or interest in the land proposed for acquisition has been
established by qualified appraisers;
(5) The applicant has [applied for federal funds and has received
notification of federal approval or disapproval, or the applicant has applied for federal funds
and has not received notification of a grant approval or disapproval within 120 days of
submission of an official federal grant application, or has verified that the project is not
eligible for federal funds] RECEIVED OR NOT RECE IVED FEDERAL FUNDS F OR THE
PROJECT;
(6) The Department’s rules and regulations have been complied with;
(7) Land acquired or developed under a State grant from Program Open
Space may not be converted, without written approval of the Secretary, the Secretary of the
Department of Budget and Management, and the Secretary of the Department of Planning
from outdoor public recreation or open space use to any other use. Any conversion in land
use may be approved only after the local governing body replaces the land with land of at
least equivalent area and of equal recreation or open space value; and
(8) (i) For any conversion of land acquired or developed under a State
grant from Program Open Space as provided in paragraph (7) of this subsection, the
appraised monetary value of the land proposed for acquisition shall be equal to or greater
than the appraised monetary value of the land to be converted, under the proposed new use
of the converted land.
(ii) The State shall consider these funds in excess of the encumbered
Program Open Space funds to the local jurisdiction.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, April 12, 2022.