.03 Notice Requirements for State Agency and Local Agency Development.

A. The requirements of this regulation do not apply to development that a State agency or local agency proposes in the Critical Area if:

(1) As provided under COMAR 27.02.02, the development is:

(a) A State agency action that results in development of local significance on private lands or lands owned by a local jurisdiction; or

(b) A local agency action that results in development of local significance on private lands or lands owned by a local jurisdiction;

(2) The development is included in a general approval, as provided under COMAR 27.02.03 or 27.02.05.02F; or

(3) All of the following apply:

(a) The development is proposed on State lands;

(b) The State agency is otherwise required by operation of law to provide public notice and public comment for that type of development; and

(c) Posting is accomplished in accordance with §D of this regulation.

B. Public Notice.

(1) Except as provided under §A of this regulation, a State agency or local agency that proposes development in the Critical Area shall, as part of its project submittal to the Commission, provide evidence that:

(a) Public notice was published for 1 business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;

(b) Publication included:

(i) The identity of the sponsoring State agency or local agency;

(ii) A description of the proposed development;

(iii) The street address of the affected land and a statement that its location is in the Critical Area; and

(iv) The name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;

(c) At least 14 days were provided for public comment in the local jurisdiction in which the proposed development would occur; and

(d) The affected land was posted in accordance with §D of this regulation.

(2) In addition to the public notice required under §B(1)(a) and (b) of this regulation, a State agency or local agency may provide for public notice:

(a) By electronic posting on its website or the website of a newspaper of general circulation in the local jurisdiction in which the proposed development would occur; or

(b) To a neighborhood association or residents of a particular geographic area.

C. Evidence of public notice and opportunity for public comment required under §B(1)(a) and (c) of this regulation shall include at least the following documentation:

(1) The name of the newspaper and the date on which the notice was published;

(2) A copy of the public notice as it was published in the newspaper; and

(3) A copy of each written comment received in response to the public notice.

D. The sponsoring State agency or local agency shall ensure that the posting required under §B(1)(d) of this regulation meets the following requirements:

(1) The sign is at least 30 inches by 40 inches in size;

(2) The sign clearly:

(a) Identifies the sponsoring State agency or local agency;

(b) Describes the proposed development;

(c) Provides the street address of the affected land and states that it is located in the Critical Area; and

(d) States the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment;

(3) On a date not later than the date on which the notice is published in the newspaper, the sign is posted in a conspicuous location on the affected land and remains there until after the Commission has voted on the development; and

(4) For development that extends more than 1,000 linear feet in road frontage, at least one sign is posted at each end of the affected land on which the development is proposed.