Section 5-1304 - Designation - Procedure; limitations.
§ 5-1304. Designation - Procedure; limitations.
(a) In general.-
(1) Within 60 days after a submission date, the Secretary, after receiving a recommendation of the Smart Growth Subcabinet, may designate one or more BRAC Revitalization and Incentive Zones from among the areas described in the applications timely submitted.
(2) The designation of an area as a BRAC Revitalization and Incentive Zone is effective for 10 years, beginning on the date the first property in the BRAC Revitalization and Incentive Zone becomes a qualified property, as defined in § 2-222 of the Tax - Property Article.
(3) The Secretary may not designate more than six BRAC Revitalization and Incentive Zones in a calendar year.
(4) A county may not receive more than two BRAC Revitalization and Incentive Zones.
(5) The precise location and boundaries of a BRAC Revitalization and Incentive Zone may be determined only on application to and approval by the Secretary.
(b) Finality.- The designation of the Secretary is final.
(c) Reapplication.- At any time, a political subdivision may reapply to the Secretary to designate as a BRAC Revitalization and Incentive Zone an area that is not designated.
(d) Applicability.-
(1) This subsection applies only to a political subdivision that is authorized under § 7-211.3 of the Tax - Property Article to enter into a payment in lieu of tax agreement with a private developer for federal enclave property.
(2) The Secretary may not designate a BRAC Revitalization and Incentive Zone in a county until, in the judgment of the Secretary, the political subdivision has entered into good faith negotiations for a payment in lieu of tax agreement with all private developers of federal enclave property.
[2008, ch. 338, § 1; 2009, ch. 728; 2010, ch. 487.]