The Maryland Economic Growth, Resource Protection, and Planning Act of 1992 (the Planning Act) was enacted to organize and direct comprehensive planning, regulating, and funding by State, county, and municipal governments in furtherance of a specific economic growth and resource protection policy. The policy is organized around seven statutory vision statements which must be pursued in county and municipal comprehensive plans, where priorities for land use, economic growth, and resource protection are established. The visions must also be followed by the State in undertaking its various programs. Both State and local funding decisions on public construction projects must adhere to the visions. The Act also established an Economic Growth, Resource Protection, and Planning Commission (the Commission) to oversee, study, and report on progress towards implementation of the visions.

The work of State, county, and municipal governments, as well as that of the Commission from 1992 to 2002 have succeeded in the widespread integration of the visions in local and State government plans and actions. The work accomplished under the Act helped to give shape and form to Maryland's next major growth and protection initiative: "Smart Growth."

The following information is provided primarily as a general background and historical context for current Smart Growth programs. The Act continues to have legal effect, but in 2003, the Commission will conclude its activities. The visions remain as a foundation for all local and State plans and actions.

RESPONSIBILITIES FOR COUNTY AND MUNICIPAL GOVERNMENTS

The Visions of the Planning Act

• Development is concentrated in suitable areas

• Sensitive Areas are protected

• In rural areas, growth is directed to existing population centers and resource areas are protected

• Stewardship of the Chesapeake Bay and the land is a universal ethic

• Conservation of resources, including a reduction in resource consumption, is practiced

• To assure the achievement of [the] above, economic growth is encouraged and regulatory mechanisms are streamlined

• Adequate public facilities and infrastructure under the control of the
  county or municipal corporation are available or planned in areas where
  growth is to occur.

• Funding mechanisms are addressed to achieve these visions

The Department of Planning published a series of Model and Guidelines to assist local governments as well as other State agencies in their efforts to comply with the Planning Act.

New "Elements" required in Local Comprehensive Plans

Article 66B of the Annotated Code of Maryland requires that plans prepared by local jurisdictions contain a series of "plan elements" such as a land use element, a community facilities element, and a variety of others. The Act required two new plan elements.

First, all comprehensive plans prepared by local jurisdictions must include a Sensitive Areas element that contains goals, objectives, principles, and standards designed to protect these areas from the adverse effects of development. These sensitive areas include the following:

• Streams and their buffers;
• 100-year floodplains;
• Habitats of threatened and endangered species; and
• Steep slopes

The Sensitive Areas element may also include other areas in need of special protection, as determined in the local comprehensive plan. The Act permits local governments to determine the levels of protection. The Maryland Department of Planning published two Model and Guidelines on this topic: Preparing A Sensitive Areas Element: (Volume I and Volume II).

Second, the Act requires that the Comprehensive Plan include an element containing recommendations that encourage streamlined review of development applications within areas designated for growth; encourage the use of flexible development regulations to promote innovative and cost-saving site design while protecting the environment; and use innovative techniques to foster economic development in areas designated for growth. Related Models and Guidelines include Regulatory Streamlining and Achieving Environmentally Sensitive Design Through Flexible and Innovative Regulations.

Development Regulations Must be Consistent With Plans and Periodically Reviewed.

After the Plans are amended, implementation tools such as zoning ordinances and subdivision regulations must be amended to be consistent with the Plan and the seven visions. Please refer to Achieving Consistency Under the 1992 Planning Act (Models and Guidelines) for details. The Act also requires local governments to review and update, if necessary, the Comprehensive Plan at least once every six years. See Preparing a Comprehensive Plan and Revisting the Comprehensive Plan.

NEW RESPONSIBILITIES FOR THE STATE

The seven visions are the State's "Economic Growth, Resource Protection, and Planning Policy". The Planning Act gives each State agency the responsibility to evaluate its own projects against the State's growth policy and to make a determination as to consistency of the project. The State may not fund a State public works, transportation, or major capital improvement project unless the project is consistent with the State's Economic Growth, Resource Protection, and Planning Policy and the Comprehensive Plan of the jurisdiction in which the project is located.

PLANNING COMMISSION'S RESPONSIBILITY FOR EVALUATING PROGRESS

The Economic Growth, Resource Protection, and Planning Commission, consisting of 17 members representing the regions and interest groups of the State have been charged with the following:

• Examine the progress made in implementing the Act
• Explore new solutions
• Provide the Governor and the General Assembly with an annual report on the progress