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24.05.01.00.htm 24.05.01.00. Title 24 DEPARTMENT OF COMMERCE Subtitle 05 ECONOMIC DEVELOPMENT Chapter 01 Enterprise Zones Authority: Economic Development Article, §2-108 and Title 5, Subtitle 7, Annotated Code of Maryland
24.05.01.01.htm 24.05.01.01. 01 Objective.. The objective of the Enterprise Zones Program is to focus local and State resources on the encouragement of economic growth in economically distressed areas and employment of the chronically unemployed in the State.
24.05.01.02.htm 24.05.01.02. 02 Purpose.. These regulations describe the procedures that will be used by the Secretary of Commerce to designate enterprise zones and focus areas in enterprise zones and establish the requirements an area shall meet in order to be designated an enterprise zone or a focus area.
24.05.01.03.htm 24.05.01.03. 03 Administration and Scope.. The Enterprise Zones Program shall be administered by the Secretary of Commerce. Certain activities shall be subject to approval by both the Secretary of Commerce and the Board of Public Works. Activities relating to revenue and taxes shall be administered by the Department of Assessments and Taxation and the Comptroller. The procedures set forth in these regulations are applicable to the designation of enterprise zones and focus areas in enterpr
24.05.01.04.htm 24.05.01.04. 04 Definitions.. A. For purposes of designating enterprise zones and focus areas in enterprise zones within the State, the following terms have the meanings indicated.B. Terms Defined.. 1) "Area" means a geographic area within one or more political subdivisions within the State described by a closed perimeter boundary.2) Business Entity.. a) "Business entity" means a person operating or conducting a trade or business.. b) Except as provided in Tax-Property Article, §9-
24.05.01.05.htm 24.05.01.05. 05 Eligible Applicants for Enterprise Zone Designation.. Eligible applicants include all political subdivisions..
24.05.01.06.htm 24.05.01.06. 06 Designation of Enterprise Zones.. A. Any political subdivision may individually apply for designation of an area within its corporate or political boundaries as an enterprise zone.B. County Designation.. 1) A county may apply to obtain a designation of an area in the county as an enterprise zone, but if any portion of the area is within the boundaries of a municipal corporation in the county, the county shall obtain the consent of the governing body of the municipal corporation.
24.05.01.07.htm 24.05.01.07. 07 Designation of Focus Areas in Enterprise Zones.. A. A political subdivision may individually apply for designation of an area within its corporate or political boundaries as a focus area in an enterprise zone.B. County Designation.. 1) A county may apply to obtain a designation of an area as a focus area in an enterprise zone, but if any portion of the area is within the boundaries of a municipal corporation in the county, the county shall obtain the consent of the governing bod
24.05.01.08.htm 24.05.01.08. 08 Expansion of Enterprise Zones.. A. Upon application, the Secretary may permit the expansion of a designated enterprise zone.. B. The political subdivision or subdivisions that originally obtained the zone designation shall apply for the expansion.C. The application for expansion of a designated enterprise zone shall set forth the basis for the request for expansion but need not duplicate data submitted for the original designation.D. The designation period
24.05.01.09.htm 24.05.01.09. 09 Redesignation of Enterprise Zones.. A. Upon application, the Secretary may permit redesignation of all or a portion of a designated enterprise zone.B. Application Procedure.. 1) To apply for redesignation, the appropriate political subdivision shall file a complete application showing that the proposed zone meets all the requirements for a new zone.2) A redesignation application shall also include the following information:.
24.05.01.10.htm 24.05.01.10. 10 Limit on Designation of Enterprise Zones.. A. The Secretary may not designate more than six enterprise zones in any calendar year. For the purpose of this limitation, a calendar year begins January 1 of each year and ends December 31 of the same year beginning in the year 2007.B. Limit on Number of Zones.. 1) A county may not receive more than one designation of an area as an enterprise zone in any calendar year.2) Joint applications by two or more counties coun
24.05.01.11.htm 24.05.01.11. 11 Designation and Notice.. A. A. A determination by the Secretary as to the area designated an enterprise zone or a focus area in an enterprise zone is final.B. The Secretary shall give written notice of a designation to both a political subdivision that receives a designation and the State agencies that will provide tax credits and other incentives and initiatives.C. The Secretary shall notify a political subdivision that does not receive a requested designation
24.05.01.12.htm 24.05.01.12. 12 Federal Designation.. A. If an area without a prior State designation is designated an enterprise zone under federal law, the incentives and initiatives provided for in the State Enterprise Zones Program are not available to business entities located in the federally designated enterprise zone unless, upon request by the appropriate political subdivision and submission of a copy of the federal application, the Secretary and the Board of Public Works consent to the fed
24.05.01.13.htm 24.05.01.13. 13 Clearinghouse or Alternate Review.. The political subdivision requesting an enterprise zone designation shall file, simultaneously with the submission of an application to the Secretary, a copy or copies of the application or application information, in accordance with established procedure, with the Priority Funding Area specialist in the Maryland Office of Planning and the State Clearinghouse or alternate review process that may be established by the Department.
24.05.01.14.htm 24.05.01.14. 14 Application Requirements for Designation of an Enterprise Zone.. A. Requirements. The Secretary may not designate any area an enterprise zone unless the area:. 1) Is designated as a priority funding area or meets an exception under State Finance and Procurement Article, Subtitle 7B, Annotated Code of Maryland; and2) Satisfies at least one of the following requirements:. a) The average rate of unemployment in the area, or within a reasonable proximity within the county
24.05.01.15.htm 24.05.01.15. 15 Application Requirements for Designation of a Focus Area.. A. A request for designation of a focus area may be made on or before any submission date, either at the time the political subdivision applies for the designation of a new enterprise zone or after an enterprise zone has been designated by the Secretary.B. The Secretary may designate an area as a focus area if the area is located in an enterprise zone designated by the Secretary and meets at least thr
24.05.01.16.htm 24.05.01.16. 16 Annual Report.. A. A political subdivision receiving an enterprise zone designation from the Secretary shall submit an annual report on a calendar year basis to the Secretary by April 15 of the following year, in the form and containing the information established by the Secretary.B. If the enterprise zone contains one or more focus areas, the annual report shall contain a separate discussion about each focus area.
24.05.01.17.htm 24.05.01.17. 17 Period of Availability.. A. Except as provided in Tax-General Article, §10-702, and Tax-Property Article, §9-103, Annotated Code of Maryland, the Enterprise Zones Program incentives and initiatives shall be available for a period of 10 years following the data on which the area is designated an enterprise zone.B. Except as provided in Tax-General Article, §10-702, and Tax-Property Article, §9-103, Annotated Code of Maryland, the focus area incentives and ini
24.05.01.18.htm 24.05.01.18. 18 Economically Disadvantaged Individual.. The Secretary has designated the Maryland Department of Labor to certify persons as "economically disadvantaged individuals" for eligibility under Tax-General Article, §10-702(a)5) Annotated Code of Maryland.
24.05.01.19.htm 24.05.01.19. 19 Waiver.. The Secretary may waive or vary particular provisions of these regulations to the extent that a waiver is not inconsistent with the law.
24.05.01.9999.htm 24.05.01.9999. Administrative History Effective date: September 13, 1982 (9:18 Md. R. 1798). Regulation .05I adopted effective April 25, 1983 (10:8 Md. R. 1798). Regulations .05D, E and .08C amended effective April 25, 1983 (10:8 Md. R. 1724). Regulation .09 amended effective July 2, 1984 (11:13 Md. R. 1175) ―. Chapter recodified from COMAR 05.04.04 to COMAR 24.05.01. Chapter revised effective August 3, 1992 (19:15 Md. R. 1394). Chapter revised effective June 26, 2000 (27:12 Md. R. 1142).
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