Md. Code Regs. 26.03.12.07

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.03.12.07 - Governmental Exemption from Payment of Fee

A. General. Improvements to be constructed pursuant to a permit are not exempt from the fees due under this chapter unless they will be governmentally owned as soon as they become affixed to the real property, that is, as they are constructed, and satisfy all requirements of either §B or C of this regulation. The applicant for the permit shall be a governmental entity as listed in Regulation .02B(11)(c) of this chapter, and the permit shall be issued in the name of that governmental entity.

B. Local Governments.

(1) When the applicant is a local government, the application and permit are exempt from the fee that would otherwise be due if:

(a) The requirements of §A of this regulation are satisfied; and

(b) As part of its application, the local government submits documentation, satisfactory to the Department, that less than half of the total cost of the improvements to be constructed pursuant to the permit are expected to be directly or indirectly funded from amounts private developers or other private persons have previously contractually agreed to pay, in connection with the development of a project or projects that the improvements authorized by the permit will serve.

(2) Unless the Department requires additional documentation in a specific instance, the documentation required by §B(1)(b) of this regulation may be in the form of a certification, signed by a local government official, that the requirement of §B(1)(b) of this regulation is satisfied.

C. State and Federal Governments. When the applicant is a state, the federal government, or a unit of them, the application and permit are exempt from the fee that would otherwise be due, provided that the requirements of §A of this regulation are satisfied.

D. Satisfactory Documentation. Before exempting a permit from payment of the fee that otherwise would be due, the Department may require documentation satisfactory to it that the applicable requirements of this regulation are satisfied.

Md. Code Regs. 26.03.12.07