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With the support of the 2008 General Assembly, Governor Martin O’Malley signed into law legislation designed to facilitate the creation of Transit Oriented Development (TOD) in Maryland. The legislation, recorded at Section 7-101(m) of the Transportation Article, defines TOD to be a “transportation purpose”, thus authorizing the Maryland Department of Transportation (MDOT) to use departmental resources, including land, funds, and personnel, to support “designated” TOD projects (the 2008 TOD Law). The “designation” provides several potential tools that are described below to help projects advance.
Essentially, designated TOD Projects are deemed to be good examples of TOD that have strong local support and that can succeed with a reasonable amount of State assistance. TOD is consistent with Governor O’Malley’s Smart, Green and Growing initiative that brings together state agencies, local governments,businesses and citizens to: create more livable communities, improve transportation options, reduce the state’s carbon footprint, support resource based industry, invest in green technologies, preserve valuable resource lands and restore the health of the Chesapeake Bay.It is important to note that not all TOD projects that represent good sustainable development can be “designated” under this program. State and local governments have limited resources to contribute to projects. Instead, the State and local government will prioritize projects that cannot succeed without public sector support, demonstrate strong partnerships among the parties, have many attributes of TOD and represent a good return on the public investment.Designated projects could benefit from several potential tools, depending on the needs of the particular project at the particular stage of development. Among the benefits are prioritization for funds and resources, financing assistance, tax credits, prioritization for the location of State offices and support from the State Highway Administration on access needs.
The MDOT TOD designation process includes the following steps:
The local government submits its proposed TOD project designations to MDOT in its priority funding letter in the spring/summer of each year, as part of the MDOT Secretary’s Annual Transportation Tour process*. The project must also be described in an application form; MDOT will provide staff assistance to local governments with the application process. (*The local government could also propose designations at other times of the year if there are exigent circumstances).
MDOT reviews the local government’s proposed TOD project designations in consultation with the Governor’s Smart Growth Subcabinet based on a series of factors, including cost, feasibility, local commitment, and whether the project represents good transit oriented development pursuant to established principles.
After considering the recommendations of the Governor’s Smart Growth Subcabinet, MDOT meets with the local government about what commitments each will make toward potential projects as part of the designation.
After agreement is reached between the local government and MDOT on a particular designation, the MDOT Secretary submits a memorandum to the local government that describes the TOD project and expresses the Secretary’s designation of the project. The local government then exercises its designation authority through a resolution of its elected council. This completes the designation process.
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