Ch. 584                                    1995 LAWS OF MARYLAND

[(c)] (B) (1) Except as provided in [subsection (d) (1)] SUBSECTION (C)(1) of
this section and except in Baltimore City, at least one half of a local governing body's
annual apportionment shall be used for acquisition projects. Local matching funds are not
required for acquisition projects. If the local governing body is unable to obtain federal
funds pursuant to § 5-906 of this subtitle, for an approved local acquisition project, the
total cost of the project shall be defrayed out of the local governing body's annual
apportionment of State funds for open space. In Baltimore City any portion of the annual
apportionment may be used either for acquisition or development.

(2)     A local governing body shall prepare a local land preservation and
recreation plan WITH ACQUISITION GOALS BASED UPON THE MOST CURRENT
POPULATION DATA AVAILABLE FROM THE MARYLAND OFFICE OF PLANNING and
submit it to the Department and to the Maryland Office of Planning for joint approval
according to the criteria and goals set forth in the Maryland Land Preservation and
Recreation Plan and any revisions thereof. A local governing body shall revise its local
land preservation and recreation plan at least every five years concurrently with the
revision of the Maryland Land Preservation and Recreation Plan and submit the revised
local plan to the Department and to the Maryland Office of Planning for joint approval.
Prior to approval of a revised local plan, the Department shall provide the legislators
from the district within which any part of the local jurisdiction is located the opportunity
to review and comment on the revised local plan.

(3)     Subject to the approval of the Department, a local governing body may
use part of its acquisition funds for initial or periodic updating of local land preservation
and recreation plans. The amount that may be used by a subdivision for planning
purposes in the local land preservation and recreation plan shall not exceed $25,000 for
any one fiscal year. Local matching funds are not required for planning or updating the
local land preservation and recreation plan.

(4)     If federal funds are provided on any acquisition project, the State shall
provide 100 percent of the difference between the total project cost and the federal
contribution.

(5)     (i) A local governing body shall use part of its funds reserved for
acquisition for a local advance option and purchase fund. The funding level of the local
advance option and purchase fund shall be determined on an annual basis and submitted
as part of the annual program under subsection [(b)] (A) of this section. The local
advance option and purchase fund may be used to obtain an option on any parcel of land
identified by the local governing body as facing intense development pressure within that
county in advance of purchase or to purchase specific tracts of land.

(ii) Funds available in a local advance option and purchase fund shall
be allocated in the following order of priority:

1. First to obtain an option on any parcel of land identified by
the local governing body as facing intense or immediate development pressure within that
county in advance of purchase, or to purchase a specific tract of land identified by the
local governing body as facing intense development pressure within that county; and

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