Md. Code Regs. 15.15.11.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.15.11.05 - Requirements upon Approvals

A. A landowner may not proceed with plans pursuant to the approval until the corrective easement has been recorded among the land records in the county in which the land is located, unless the Foundation issues a letter permitting the landowner to proceed.

B. Boundary Line Adjustment.

(1) If the Foundation approves the request for corrective easement for boundary line adjustment, the landowner shall submit to the Foundation a survey plat, signed and sealed by a surveyor registered in the State of Maryland depicting the land area to be released from the easement, if any, and the land area to be encumbered by the easement, along with separate written metes and bounds descriptions of those areas. The Foundation has discretion to alter these survey and land description requirements on a case-by-case basis to suit the purposes of the proposed boundary line adjustment.

(2) If the Board of Public Works approves the request, the landowner shall remit funds in the amount and manner directed by the Foundation to cover the costs of the transaction as specified in Regulation .03 of this chapter and shall furnish such other documentation as directed by the Foundation.

C. Agricultural Subdivision. In cases of agricultural subdivision, the landowners shall follow the requirements and procedures provided in COMAR 15.15.12.05B.

D. Other Corrective Easements. If the request is approved, the landowner shall remit funds in the amount and manner directed by the Foundation to cover the costs of the transaction as specified in Regulation .03 of this chapter and shall furnish such other documentation as directed by the Foundation.

E. Except as provided in §F of this regulation, if the funds and documentation required by this regulation are not provided by the landowner to the Foundation within 3 years of Foundation board approval, then, unless an extension request is submitted within 3 years and approved by Foundation staff, the approval is void.

F. If a corrective easement is approved pursuant to Regulation .03D of this chapter, such approval shall expire upon the Foundation board deciding that the applicant has not acted with diligence to complete the corrective easement.

G. Exceptions to Requirements upon Approvals. The requirements of this regulation do not apply to the types of corrective easement applications addressed in Regulation .06 of this chapter.

Md. Code Regs. 15.15.11.05

Regulations.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
Regulation .05E adopted effective 41:17 Md. R. 971, eff.9/1/2014 ; amended effective 48:15 Md. R. 593, eff. 7/26/2021