Md. Code Regs. 27.02.07.02-1

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.02.07.02-1 - [Effective 1/20/2025] Review Procedures

A. For the purpose of reviewing the development proposals listed in Regulation .01 of this chapter, and in accordance with Regulation .03 of this chapter, the Commission may establish panels, or it may undertake reviews by the full Commission.

B. The Commission may seek public comment on proposals for development and may hold public hearings for this purpose, except that any proposed development that adversely affects the growth allocation of a local jurisdiction, as described in COMAR 27.01.02.06, shall require a public hearing.

C. If appropriate, public hearings shall be held in the local jurisdiction in which the proposed development would be located. If the development is located in, or would affect, more than one jurisdiction, the Chair shall decide in which of the jurisdictions the hearing will be held.

D. At a hearing, the Commission or its panel shall hear the comments of the public concerning the proposed development and may entertain a presentation by the sponsoring State or local agency. The Commission shall limit comment by the public to relevant matters within the scope and purview of the Commission and shall make and keep a full record of the proceedings.

E. For purposes of reviewing an application for a Certificate of Public Convenience and Necessity in the Critical Area, all of the following apply:

(1) In accordance with Public Utilities Article, 3-106, Annotated Code of Maryland, the Chair may request to become a party in a proceeding before the Public Service Commission and shall provide notice to the Critical Area Commission; and

(2) The Chair shall review an application in accordance with COMAR 27.02.04.02G.

F. The Chair may refer an application to the Commission for review, including for:

(1) A Certificate of Public Convenience and Necessity; and

(2) A State minor solar energy generating system in the Critical Area.

G. The Chair shall refer to the Commission an application for a State or local major solar energy generating system in the Critical Area in the resource conservation area.

Md. Code Regs. 27.02.07.02-1

Regulation .02-1 recodified from .02 effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.