(a) The State may provide funding for a growth–related project not in a priority funding area without receiving approval from the Board of Public Works as provided under § 5–7B–05 of this subtitle for: (1) a project that is required to protect public health or safety; (2) a project involving federal funds, to the extent compliance with this subtitle would conflict or be inconsistent with federal law; (3) a growth–related project related to a commercial or industrial activity which, due to its operational or physical characteristics, shall be located away from other development, including: (i) a natural resource based industry; (ii) an industry relating to: 1. agricultural operations, as defined in § 7–101 of the Labor and Employment Article; 2. forestry activities; or 3. mineral extraction; (iii) an industry that is proximate to: 1. an airport facility; 2. a port facility; 3. a railroad facility; 4. a transit facility; or 5. a major highway interchange; or (iv) a tourism facility or museum that is required to be located away from other development due to necessary proximity to specific historic, natural, or cultural resources; or (4) a growth–related project involving funding for useum that is required to be located away from other development due to necessary proximity to specific historic, natural, or cultural resources; or (4) a growth–related project involving funding for a project under: (i) § 7–314 of this article; (ii) Title 5, Subtitle 3, Subtitle 4, or Subtitle 5 of the Economic Development Article; or (iii) Title 6, Subtitle 2 or Subtitle 3 of the Housing and Community Development Article. (b) A procedure for notification, review, and comment on exceptions proposed under this section shall be established jointly by the applicable State agency and the Department of Planning.
Maryland Legal Code