Md. Code Regs. 26.17.05.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.17.05.03 - Applications for a Grant

A. Scope. Subdivisions may apply to the Department for grants to assist in flood control and watershed management capital projects if all the following conditions are met:

(1) It has the authority to make an application and has been authorized by an official act of the governing body directing this action. If the applicant is other than a county or Baltimore City, it must provide written certification from its legal counsel that it is a subdivision as defined in Regulation .01B(7) of this chapter.

(2) It will have funds available to meet its share of the capital project.

(3) It is participating in and is in conformance with the federal flood insurance program.

(4) The capital project is part of a flood management plan approved by the Department and adopted by the subdivision pursuant to Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland.

B. All applications to the Department shall:

(1) Reference the approved and adopted flood management plan of which the capital project is a part;

(2) Specify the exact location of the capital project;

(3) Specify the anticipated results of the capital project and furnish any substantiation required by the Department;

(4) Evaluate alternative management techniques;

(5) Specify the operation and maintenance arrangements for the life of the project;

(6) Specify the use or disposition of acquired property;

(7) Specify the expected useful life of the project;

(8) Identify the short-term and long-term beneficial and adverse environmental effects of the capital project and any mitigating measures for the adverse impacts;

(9) Identify all beneficiaries and the estimated current dollar value of the benefits and costs of the capital project;

(10) Certify that the value or interest in properties proposed for acquisition will be established by two qualified appraisers prior to implementation; and

(11) List all necessary federal, State, and local permits and certify that all these permits have been or will be applied for and will be obtained before implementation of the capital project.

C. Unless otherwise specified, all hydrologic calculations shall be based on the ultimate development of the watershed. If the project requires computations of flood frequencies and flows, the methods and computations shall be available in sufficient detail for the Department to determine their validity.

D. The approval of a capital project for a grant does not waive the requirements for any applicable State permits. If the capital project requires a permit from the Department, detailed information need not be duplicated. A statement on the grant application that the information is available in the permit application will be sufficient.

E. All applications and information required by these regulations shall be submitted to the Department, in a manner and form acceptable to the Department, before the Department takes final action on the application.

F. The application shall be submitted by the applicant to the Maryland State Clearinghouse in accordance with standard Clearinghouse procedures as described by the Office of Planning. The standard Clearinghouse procedures are based on the provision of OMB Circular A-95 and the application is subject to the applicable requirements and procedures contained in the Circular. Final action shall not be taken by the Department until the State Clearinghouse response has been received by the Department.

G. The chief executive officer of the subdivision shall sign the application.

Md. Code Regs. 26.17.05.03