Ch. 759

1997 LAWS OF MARYLAND

B. MAINTAIN THE VIABILITY OF THE PROJECT WHILE
CONCOMITANTLY CONSTRAINING DEVELOPMENT WHICH POTENTIALLY DETRACTS
FROM MAIN STREET BUSINESS AREAS; AND

2. THE DEPARTMENT OF TRANSPORTATION AND THE

OFFICE OF PLANNING HAVE FIRST DETERMINED WHETHER ALTERNATIVE
TRANSPORTATION MODES, SUCH AS MASS TRANSIT AND TRANSPORTATION
DEMAND MANAGEMENT, PROVIDE A REASONABLE ALTERNATIVE TO THE PROJECT
AND DETERMINED THAT NO REASONABLE ALTERNATIVE EXISTS;

(III) HAS THE SOLE PURPOSE OF PROVIDING CONTROL OF ACCESS
BY THE DEPARTMENT OF TRANSPORTATION ALONG AN EXISTING HIGHWAY
CORRIDOR; OR

(IV) DUE TO ITS OPERATIONAL OR PHYSICAL CHARACTERISTICS,
MUST BE LOCATED AWAY FROM OTHER DEVELOPMENT.

(B)     (1) A REQUEST FOR APPROVAL BY THE BOARD UNDER SUBSECTION (A)
OF THIS SECTION MAY BE MADE AT THE REQUEST OF THE GOVERNING BODY ©ft
CHIEF EXECUTIVE OF THE LOCAL JURISDICTION IN WHICH THE PROJECT IS
LOCATED OR AND OR THE SECRETARY WITH APPROVAL AUTHORITY OVER THE
PROJECT.

(2) WHEN MAKING A REQUEST TO THE BOARD OF PUBLIC WORKS, THE
APPLICANT SHALL:

(I) IDENTIFY THE EXTRAORDINARY CIRCUMSTANCES THAT
REQUIRE STATE FUNDS FOR THE PROJECT; AND

(II) DEMONSTRATE THAT NO FEASIBLE ALTERNATIVES EXIST TO
MAKING AN EXCEPTION TO THE REQUIREMENTS OF THIS SUBTITLE.

(3) THE BOARD OF PUBLIC WORKS, AT ITS DISCRETION, MAY REQUIRE
REMEDIAL ACTIONS TO MITIGATE ANY NEGATIVE IMPACTS OF THE PROPOSED
PROJECT.

(C)     (1) WHEN A REQUEST IS MADE TO THE BOARD OF PUBLIC WORKS FOR
AN EXCEPTION UNDER THIS SECTION, THE BOARD OF PUBLIC WORKS MAY REQUEST
FROM THE STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING
COMMISSION AN ADVISORY OPINION ON THE REQUEST FOR THE EXCEPTION.

(2) UPON RECEIVING A REQUEST FOR AN ADVISORY OPINION UNDER
THIS SUBSECTION, THE COMMISSION MAY, IN ITS DISCRETION,, IF REQUESTED BY A
MEMBER OF THE PUBLIC SHALL HOLD A PUBLIC MEETING TO GATHER
INFORMATION RELEVANT TO THE ADVISORY OPINION.

5-7B-05. 5-7B-06.

(A) THE STATE MAY PROVIDE FUNDING FOR A GROWTH-RELATED PROJECT
NOT IN A STATE PRIORITY FUNDING AREA WITHOUT RECEIVING APPROVAL FROM
THE BOARD OF PUBLIC WORKS AS PROVIDED UNDER § 5-7B-04 5-7B-05 OF THIS
SUBTITLE FOR:

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