PARRIS N. GLENDENING, Governor

Ch. 759

(1) A TRANSPORTATION PROJECT THAT;

(1) MAINTAINS THE EXISTING TRANSPORTATION SYSTEM,
PROVIDED THE DEPARTMENT OF TRANSPORTATION AND THE OFFICE OF PLANNING
DETERMINE THE PROJECT DOES NOT SERVE TO INCREASE HIGHWAY CAPACITY;

(II) SERVES TO CONNECT STATE PRIORITY FUNDING AREAS,
PROVIDED THAT:

1. THE DEPARTMENT OF TRANSPORTATION AND THE
OFFICE OF PLANNING DETERMINE THAT ADEQUATE ACCESS CONTROL MEASURES
ARE IN PLACE TO:

A. PREVENT DEVELOPMENT THAT IS INCONSISTENT WITH §
5-7A-01(1), (2), AND (3) OF THIS TITLE; AND

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 IN

CONSULTATION WITH THE OFFICE OF PLANNING HAS FIRST CONSIDERED WHETHER
ALTERNATING TRANSPORTATION MODES SUCH AS MASS TRANSIT PROVIDE A
REASONABLE ALTERNATIVE TO THE PROJECT AND DETERMINED THAT NO SUCH
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;

(2)     (1) A PROJECT THAT IS REQUIRED TO PROTECT PUBLIC HEALTH
OR SAFETY; OR

(3)     (2) A PROJECT INVOLVING FEDERAL FUNDS, TO THE EXTENT
COMPLIANCE WITH THIS SUBTITLE WOULD CONFLICT OR BE INCONSISTENT WITH

FEDERAL LAW.; OR

(3) A GROWTH-RELATED PROJECT FOR A NATURAL RESOURCE BASED
INDUSTRY OR TOURISM RELATED INDUSTRY RELATED TO A COMMERCIAL OR
INDUSTRIAL ACTIVITY WHICH. DUE TO ITS OPERATIONAL OR PHYSICAL
CHARACTERISTICS, SHALL BE LOCATED AWAY FROM OTHER DEVELOPMENT,
INCLUDING:

(1) A NATURAL RESOURCE RASED INDUSTRY:

(II) AN INDUSTRY RELATING TO:

1. AGRICULTURAL OPERATIONS, AS DEFINED IN § 7-101 OF THE
LABOR AND EMPLOYMENT ARTICLE;

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