Ch. 584

1995 LAWS OF MARYLAND

[(d)](C) (1) (i) One half of any local governing body's annual apportionment
shall be used for [acquisition or] ACQUISITION; OR development, OR CAPITAL
RENEWAL projects PROVIDED THAT UP TO 20 PERCENT OF THE FUNDS AUTHORIZED
FOR ACQUISITION OR DEVELOPMENT PROJECTS UNDER THIS SUBPARAGRAPH MAY BE
USED FOR CAPITAL RENEWAL AS DEFINED IN § 5-901 OF THIS SUBTITLE.

(ii) If the Department and the Maryland Office of Planning certify
that acquisition goals set forth in the current, approved local land preservation and
recreation plan have been met and that such acreage attainment equals or exceeds the
minimum recommended acreage goals developed for that jurisdiction under the Maryland
Land Preservation and Recreation Plan, a local governing body may USE:

1. UP to 75 percent of its FUTURE annual apportionment for
development OR CAPITAL RENEWAL projects for a period of 5 years AFTER
ATTAINMENT; OR, PROVIDED THAT UP TO 20 PERCENT OF THE FUNDS AUTHORIZED FOR
USE FOR DEVELOPMENT PROJECTS UNDER THIS SUBPARAGRAPH MAY BE USED FOR
CAPITAL RENEWAL.

2. WITH THE APPROVAL OF THE DEPARTMENT, SUBJECT TO
REVIEW AFTER EACH DECENNIAL CENSUS OF THE UNITED STATES OF AMERICA,
ALL OF ITS ANNUAL APPROPRIATION FOR DEVELOPMENT OR CAPITAL RENEWAL
PROJECTS, IF THE LOCAL, STATE, AND FEDERAL OPEN SPACE LAND ACCESSIBLE TO
THE PUBLIC FOR RECREATIONAL USE, AS DEFINED BY THE MARYLAND OFFICE OF
PLANNING, EQUALS 15% OR MORE OF THE TOTAL LAND AREA OF A COUNTY.

(iii) If a county determines that it qualifies for the additional funds for
development AND CAPITAL RENEWAL projects under paragraph (ii) of this subsection,
before the due date for all local governing bodies to submit revised local land
preservation and recreation plans, that county may submit an interim local land
preservation and recreation plan:                                                     

1.       Prior to the submission under subsection [(c)] (B) (2) of this
section; and

2.       In addition to the submission required under subsection
[(c)] (B)(2).

(2)     The State shall provide 100 percent of the total project cost of each
approved local acquisition project or, if federal funds are provided, 100. percent of the
difference between the total project cost and the federal contribution.

(3)     (i) If the local governing body is unable to obtain federal funds
pursuant to § 5-906 of this subtitle, for each approved local development project the State
shall provide:

1.       75 percent of the total project cost; or

2.       If the Department has certified pursuant to paragraph (1) of
this subsection that acquisition goals have been met, 90 percent of the total project cost.

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