346

LAWS OF MARYLAND

Ch. 8

construction or substantial rehabilitation" is deleted
as unnecessary in light of the defined term
"dwelling".

In subsection (h) of this section, the phrase
"property tax credit under this section" is
substituted for the former phrase "all tax credits
which have been applied to the dwelling unit
concerned", since the intent is that it apply only to
this property tax credit and not to all property tax
credits granted.

In subsection (i) of this section, the reference to
"does not" change is substituted for the former
reference to "may not be construed or applied to"
change, for clarity.

Also in subsection (i) of this section, the word
"normal", which formerly modified "assessment", is
deleted as included in the word "regular".

As to a similar provision for Baltimore City, see §
9-401 of this title.

The Commission to Revise the Annotated Code brings to
the attention of the General Assembly that former Art.
81, § 12G-l(b) referred to a dwelling that is
occupied. This is inconsistent with former Art. 81, §
12G-l(a), which does not require that a dwelling be
occupied.

Defined terms: "Assessment" § 1-101

"County" § 1-101 "County property tax" § 1-101

"Governing body" § 1-101

"Municipal corporation" § 1-101

"Municipal corporation property tax" § 1-101

"Property" § 1-101 "Property tax" § 1-101

9-208. "OPEN SPACE" OR "OPEN AREA".

(A) "OPEN SPACE" OR "OPEN AREA" DEFINED.

IN THIS SECTION, "OPEN SPACE" OR "OPEN AREA" MEANS:

(1)  REAL PROPERTY, EXCLUSIVE OF ANY IMPROVEMENT,
DETERMINED TO BE AN "OPEN SPACE" OR "OPEN AREA" AS DEFINED IN §
5-1201 OF THE NATURAL RESOURCES ARTICLE;

(2)  REAL PROPERTY THAT IS DETERMINED BY LAW OF THE
MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE GOVERNING BODY OF
THE COUNTY WHERE THE REAL PROPERTY IS LOCATED TO BE AN "OPEN
SPACE" OR AN "OPEN AREA" ON THE RECOMMENDATION OF:

(I) THE MARYLAND-NATIONAL CAPITAL PARK AND
PLANNING COMMISSION; OR