§ 13-1111. Designation of certified heritage areas

   (a) In general. --

   (1) The Authority may consider proposals submitted by the local jurisdictions within a recognized heritage area to designate recognized heritage areas as certified heritage areas.

   (2) The sponsoring local jurisdictions shall prepare a proposal that includes a management plan for the recognized heritage area.

   (3) The local jurisdictions shall develop the management plan in cooperation and consultation with the Authority and relevant private interests.

   (4) On approval of the management plan by the Authority and all local jurisdictions within the recognized heritage area:

      (i) The Authority shall designate the recognized heritage area as a certified heritage area; and

      (ii) The management plan shall be the plan for purposes of implementing the certified heritage area for both the State and local jurisdictions.

(b) Regulations. -- The Authority shall adopt regulations that specify the criteria and procedures for the consideration and adoption of a proposed management plan.

(c) Limit on number of designations. -- The Authority may not designate more than two recognized heritage areas as certified heritage areas for each fiscal year.

(d) Hearing. -- The Authority shall hold at least one public hearing concerning the proposed management plan for a recognized heritage area in each recognized heritage area proposed for designation as a certified heritage area.

(e) Management plan -- Local approval required. -- Before submission of a management plan to the Authority for approval, the management plan must be submitted for approval to the local governing body of each jurisdiction within the recognized heritage area in the form of an amendment to the local plan.

(f) Management plan -- Submission. -- The management plan shall be submitted to the Authority within forty-five days after preliminary approval by all local jurisdictions within the recognized heritage area.

(g) Management plan -- Contents. -- A management plan for a certified heritage area shall include:

   (1) An identification of:

      (i) The boundaries of the recognized heritage area as set forth in the original designation or as proposed for revision by the management plan;

      (ii) The land use recommendations of the local plans of all of the local jurisdictions within the recognized heritage area; and

      (iii) The zones within the recognized heritage area for particular nature and intensity of use, including zones most appropriately devoted to public use and development by State or local government, and for private use;

   (2) An inventory and evaluation of the significant natural and cultural resources within the recognized heritage area;

   (3) An identification of the types of public and private uses to be encouraged within the recognized heritage area;

   (4) An identification of properties, if any, to be acquired, in whole or in part;

   (5) A description of the educational, interpretive, and recreational programs and projects to be undertaken in the recognized heritage area;

   (6) A description of plans for encouraging and accommodating visitation to and compatible economic development of the recognized heritage area;

   (7) An economic assessment of the long and short term costs and benefits related to the implementation of the management plan, including an identification of expected sources of funding;

   (8) A description of the techniques or means for the preservation and protection of the natural and cultural resources within the recognized heritage area, including:

      (i) Appropriate existing or proposed local legislation for the designation and protection of historic properties or natural areas to assure that future local actions and development will be consistent with the goals and objectives for the recognized heritage area; and

      (ii) If the plan proposes the enactment of one or more ordinances to provide for one or more historic preservation commissions for specific sites, structures, or districts within the recognized heritage area, provisions that:

         1. Are consistent with Title 8 of the Land Use Article;

         2. Provide for membership on the Historic Preservation Commission in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 C.F.R. Part 61; and

         3. Provide that the Historic Preservation Commission review and approve the design of all projects that the local jurisdiction conducts, assists, licenses, or permits that affect designated historic properties within the recognized heritage area;

   (9) A description of the organizational structure to be utilized for planning, development, and management of the heritage area, including the responsibilities and interrelationships of local and State agencies; and

   (10) A schedule for the planning, development, and management of the recognized heritage area.

(h) Management plan -- Implementation. -- Each management plan must demonstrate that the capability exists to implement and manage the recognized heritage area, including the capability:

   (1) To accept and disburse funds;

   (2) To acquire, improve, and dispose of property;

   (3) To manage, operate, and maintain appropriate public facilities; and

   (4) To adopt and enforce land use and preservation standards as required to protect the resources within the heritage area.

(i) Management plan -- Sufficiency. -- If the Authority determines that information in a previously submitted management plan contains sufficient information to fulfill the purpose of the management plan, the Authority may waive in whole or in part selected individual requirements regarding the submission of the management plan.

(j) Management plan -- Approval deadline. -- The Authority shall approve or disapprove the management plan within 90 days after the Authority receives a management plan from the local jurisdictions.

(k) Management plan -- Basic requirement. -- The Authority may not approve a management plan unless the Authority determines that a management plan would adequately carry out the purposes of this subtitle.

(l) Management plan -- Disapproval. -- If the Authority disapproves a management plan, the Authority shall advise the local jurisdictions in writing of the reason for the disapproval and provide recommendations for a revision of the plan.

(m) Management plan -- Revisions. -- The Authority shall approve or disapprove any revisions to an existing management plan in the same manner as specified in subsections (j) through (l) of this section.

(n) Management plan -- Approval. -- Approval of a management plan by the Authority and final approval of the plan by all local jurisdictions within a recognized heritage area shall:

   (1) Establish the designation of a recognized heritage area as a certified heritage area;

   (2) Establish eligibility for the receipt of acquisition, development, and programming assistance from the State within the certified heritage area boundaries;

   (3) Establish eligibility for qualifying properties and persons for certain tax incentives for activities within the defined heritage area boundaries; and

   (4) For continuance of the certified heritage area, require appropriate local action to protect and safeguard the significant resources in the certified heritage area.

(o) Canal Place Historic Preservation District. -- The Canal Place Historic Preservation District established under Subtitle 10 of this title is the initial certified heritage area designated under this subtitle.

(p) Withdrawal of approval -- Reasons. -- After holding a public hearing in the certified heritage area that is the subject of the Authority's review, the Authority may withdraw its approval of a management plan if the Authority finds that a local jurisdiction responsible for the certified heritage area:

   (1) Has taken actions which have had a significant adverse impact upon significant certified heritage area resources; or

   (2) Has failed to implement its role under a management plan.

(q) Withdrawal of approval -- Effect; report. -- If the Authority withdraws its approval of a management plan:

   (1) The heritage area shall no longer be designated as a certified heritage area; and

   (2) The Authority shall report its withdrawal of approval to the Governor and the General Assembly stating the reasons for the action of the Authority.

HISTORY: 1996, ch. 601, § 1; 1998, ch. 740; 2012, ch. 427, § 1.