BPW Advisory 2003-1 State Clearinghouse - Intergovernmental Review and Coordination Process

PURPOSE: To restate the necessity for units of State government to obtain State Clearinghouse review and provide State Clearinghouse recommendations to the Board of Public Works when seeking approval to:

  • Transfer or dispose of excess or surplus State real property
  • Substantially change State real property (including demolitions)
  • Granting easements or rights-of-way over State real property

AUTHORITY: Sections 5-310 and 10-305, State Finance & Procurement Article, Annotated Code of Maryland; COMAR 34.02.01.02 and 34.02.02.01-.08

BACKGROUND: State Law requires the Department of Planning through its State Clearinghouse function to make an appropriate recommendation to the Board of Public Works when a State government unit seeks to transfer or dispose of excess or surplus State real property; substantially change any State-owned real property; or grant easements or rights-of-way over State real property.

NOTE: Substantial change means a change in use that would:

  • Result in demolition or removal of a usable structure whose estimated value is $15,000 or more
  • Require major alteration in the functions or services being provided through or by the facility

COMAR 34.02.02.03D

PROCEDURE:

  • A State government unit must follow State Clearinghouse procedures to obtain the Clearinghouse recommendation. See COMAR 34.02.02.01-.08.
  • When the Clearinghouse process is complete, the Clearinghouse forwards its recommendation to the unit that requested the review.
  • The unit may then submit an Action Agenda Item to the Board of Public Works on the appropriate Agenda: Department of Transportation; Department of General Services; or University System of Maryland (or Secretary’s Agenda in the case of St. Mary’s College of Maryland and Morgan State University).
  • The unit must include the STATE CLEARINGHOUSE RECOMMENDATION (inclusive of the Clearinghouse comment to the Board) as back-up documentation with its Action Agenda Item.
  • Whenever practicable, the unit should seek BPW approval of a demolition before seeking BPW approval of a contract award to a demolition contractor. When advance approval is not practicable, the unit may submit the two requests to the BPW simultaneously (i.e., recommendation to demolish and request to approve the contract award).

Questions concerning the Clearinghouse process may be addressed to:

Linda Janey
ljaney@mdp.state.md.us
Assistant Secretary, Clearinghouse & Communications
Department of Planning
301 W Preston Street
Baltimore, Maryland 21201-2365
410.767.4490