Md. Code Regs. 24.05.01.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.01.06 - Designation of Enterprise Zones

A. Any political subdivision may individually apply for designation of an area within its corporate or political boundaries as an enterprise zone.

B. County Designation.

(1) A county may apply to obtain a designation of an area in the county as an enterprise zone, but if any portion of the area is within the boundaries of a municipal corporation in the county, the county shall obtain the consent of the governing body of the municipal corporation.

(2) The required consent of the municipal corporation shall be obtained before submission of the application for designation and the consent document shall be included as part of the application.

(3) The required consent document shall be in the form required by local law or the governing body of the municipal corporation, or both.

C. Two or more political subdivisions may jointly apply for designation of an area as an enterprise zone if portions of the proposed area are within each of their common boundaries.

D. All applications shall be complete, meet all stated requirements, and be properly signed by the chief elected officer or officers in the case of a joint application or, if none, by the governing body of each of the political subdivisions. Except as noted in §B of this regulation, an application signed by the chief elected officer shall include a written expression of sentiment of the local elected governing body or bodies regarding the filing of an application for designation. The expression of sentiment may be in the form of a letter or a resolution at the discretion of the local jurisdiction.

E. The Secretary may permit any political subdivision to amend its application at any time before the Secretary acts upon the application.

F. All applications are to be received in the Office of the Secretary, Department of Business and Economic Development, on or before any submission date.

G. Within 60 days following any submission date, the Secretary may designate one or more enterprise zones from among the applications submitted.

H. Before a designation of an enterprise zone, the Secretary shall consult with and ask the advice of the appropriate individuals and advisors.

I. The designation of an enterprise zone by the Secretary shall constitute the State approval that may be required for designation as an enterprise zone under federal law.

J. With respect to any designated enterprise zone, a political subdivision may not, without the prior approval of the Secretary, modify the standards with which it requires a business entity located in that zone to comply as a precondition to receiving any incentives.

Md. Code Regs. 24.05.01.06