Program Open Space FAQ's

Program Open Space Local (POS Local) is a program that provides financial and technical assistance to local municipalities for the planning, acquisition, and/or development of recreation land or open space areas for public use.

Program Open Space Local (POS Local) is a state-funded program that provides financial and technical assistance to local municipalities for the planning, acquisition, and/or development of recreation land or open space areas for public use. Acquisition projects refer to the purchase of land for recreational purposes, while development projects involve the development of existing open space areas for public use.

It is important to note that development projects are considered 20-year capital projects, meaning that they require careful planning and long-term vision to ensure their success. Examples of POS Local development projects include the construction of trails, picnic areas, playgrounds, and athletic fields, among others.

To be eligible for POS Local funding, municipalities must meet certain requirements, as outlined in the POS local manual on page 1-2. By participating in the program, municipalities can improve the quality of life for their residents by providing more opportunities for outdoor recreation and the preservation of natural resources.

When a person buys a house or land, a 0.5% State property transfer tax is collected to fund POS Local. This creates available funding for open space and recreational facilities for the community.

Counties and municipalities can apply for POS Local funds.

POS Local allocations are allocated to the Counties through the Governer’s annual budget process, and the County may choose to allocate funds to municipality projects.

Once all project allocations are decided amongst the County and municipalities, the projects are included in the Annual Program. The Annual Program (AP) is reviewed and approved by DNR for the current fiscal year. The AP determines project eligibility, provides the connection between the Local Land Preservation and Recreation Plan (LLPRP) and keeps state agencies informed of the direction of POS applications anticipated in the next year. Applications can then be reviewed which includes having the project reviewed by the State Clearinghouse for recommendation(s). Upon DNR review and approval of the application it is then scheduled on a Board of Public Works (BPW) meeting agenda. Generally, the turnaround time for this can be up to 3 months. Once the project has been approved, the funding is now considered encumbered, and the project can start. Completing the project within the approved parameters and submitting for partial reimbursements or one comprehensive final reimbursement. All projects assisted under POS must display a permanent acknowledgement sign (“this was funded by POS.”

It is important to note that if a project starts before it is fully approved, costs incurred are not reimbursable.

Reimbursements may take 6-8 weeks (or longer) to be paid once processed.

Direct Costs – the amount of the land cost, incidental costs – costs relating to the acquisition of the property (i.e. costs of surveys, appraisals, title search and legal fees) and acquisition planning costs – it is recognized that some costs may need to be incurred before a project application can be submitted to POS with the required descriptive information and costs data. Therefore, the costs of real estate appraisals, property surveys or an option to purchase or legitimate pre-submission costs if the amount paid for the option is part of the total purchase price of the property. This must be specifically listed on the application.

Costs that have been incurred within the project period (stated on the application) - this can include clearing of the ground, construction of the building, materials and supplies, Construction, Project planning costs – costs of site investigation, site planning, feasibility studies, preliminary design, preparation of cost estimates, drawings/specifications, and similar items necessary for the project.

The requirements for acquisition applications include a complete application, county/municipality map, two independent appraisals, local planning letter, current deed, funding authorization, and photo(s).

The requirements for development applications include a complete application, county/municipality map, local planning letter, deed/lease/SDAT/joint use, funding authorization, and photo(s).

The process for partial reimbursements involves completing a reimbursement form, submitting the necessary invoices or receipts, and optionally submitting canceled checks.

The process for final reimbursements involves completing a reimbursement form, submitting the necessary invoices or receipts, optionally submitting canceled checks, and submitting photos of the completed project.

After the applicant has completed the project, installed a POS sign, and submitted a final reimbursement request, POS (DNR project administrator) must conduct a final inspection.

Reverted funds are created when a final reimbursement is submitted, and the total is less than the amount awarded. These remaining funds are reverted back to Municipal funding pool for redistribution during the next Frederick County Municipal Annual Program cycle.

Please Note: Once funds are awarded, they cannot be reallocated due to project changes or budget surplus. 

Reverted POS and LPPI funds will go back to the Municipal funding pool for redistribution during the next Frederick County Municipal Annual Program cycle. Please Note: Once funds are awarded, they cannot be reallocated due to project changes or budget surplus.