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PARRIS N. GLENDENING, Governor
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Ch. 209
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(3) The Board of Public Works may approve a transportation project
under paragraph (1)(ii) of this subsection if the transportation project:
(i) maintains the existing transportation system, if the
Department of Transportation and the [Office] DEPARTMENT of Planning determine
the project does not serve to significantly increase highway capacity;
(ii) serves to connect priority funding areas, if:
1. the Department of Transportation and the [Office]
DEPARTMENT of Planning determine that adequate access control or other 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 and the [Office]
DEPARTMENT 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 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 of the local jurisdiction in
which the project is located 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.
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- 1389 -
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