Program Open Space (POS) Local
Frequently Asked Questions (FAQs)
Q. What is the Program Open Space (POS) Local program?
Established in 1969, Program Open Space (POS) Local provides financial and technical assistance to local subdivisions (counties and municipalities) for the planning, acquisition, and/or development of public recreation land or open space areas.
Q. Who administers the POS Local program?
The Department of Natural Resources (DNR) administers the POS Local program. Local grants staff prepare and distribute application materials to local governments, and if necessary, conduct grant writing workshops to assist local governments in documenting need and meeting program criteria.
Grant applications are reviewed by staff to ensure consistency with program requirements. Following a State Clearinghouse review, the department submits the proposed projects to the Board of Public Works for approval.
Q. Who is eligible to apply for the POS Local grant?
POS Local funds are allocated annually to the 23 Maryland counties and Baltimore City based on a formula. Municipal governments may receive an allocation of funding from their county either on a percentage basis or by project depending on the county. Only governing bodies of counties and municipalities are eligible for the POS Local grant.
Q. Can our homeowners association (HOA) or nonprofit organization apply for the POS Local grant?
No, HOAs and nonprofit organizations cannot directly apply for the POS Local grant. The HOA or nonprofit organization may partner with a county or municipality in project sponsorship and implementation. Note that the project must be open and available to all users, not just the residents of the HOA or any specific interest group.
Q. Can the potential project take place on property not owned by the county or municipal corporation?
Yes, if the county or municipality holds the rights to develop on the property. The rights may be in the form of an easement, a long term lease with more than 20 years remaining in the term and no termination for convenience clause, or a project-specific Joint Use Agreement. Review and verification of these documents will be necessary in order to determine their applicability. Please contact the Local Grants Administrator for your area for further assistance prior to submitting your application.
Q. What types of projects are eligible for the POS Local grant?
POS Local grants may fund projects to acquire and/or develop land for public recreation or open space. Projects must be open and available to all users. Projects to replace existing facilities previously funded with a state grant from Program Open Space (POS) Local or CPP programs may be eligible only after the 20 years for those grant requirements have passed, or after 15 years for a project funded with a Local Parks and Playgrounds Infrastructure (LPPI) grant. Please contact the Local Grants Administrator for your area to confirm your project’s eligibility.
Q. We have an existing park / playground. Can we ask for grant funds to maintain the park / playground?
No, POS Local grants are capital funds and cannot be used for operating and maintenance costs.
Q. We want to install an inclusive playground. What do we have to consider?
Inclusive playgrounds welcome everyone to participate. It must have four (4) important characteristics:
- They can be used by everyone (accessible);
- They meet needs of different people (adaptive);
- They encourage people to come together to play and learn (welcoming); and
- They make people feel good when they are there (promote feelings of emotional well being).
Please consult this Framework and Toolkit for Inclusive Playgrounds in Maryland put together by The Maryland Department of Disabilities and the Maryland Developmental Disabilities Council for more information:
https://www.md-council.org/wp content/uploads/2024/03/MDDC_InclusivePlaygroundsInMaryland.pdf.
Q. Can we include contingency costs in our project estimates?
No, contingency costs or similar reserves are not eligible costs and should not be included as a line item in the itemized detailed cost estimate. Applicants should make the best effort to provide a realistic cost estimate for the project proposed, such as getting a preliminary price quote, and not rely on general estimates or contingency costs for their budget.
Q. Do we need to provide a local match for the grant?
It depends on the type of project. Acquisition and Planning projects do not require a local match. Development projects require a 10% or 25% match based on the most recent results of the county’s Land Preservation, Parks and Recreation Plan (LPPRP). Please contact the Local Grants Administrator for your area for further assistance.
Q. What types of Planning projects are eligible?
Only funding to complete the county’s Land Preservation, Parks and Recreation Plan (LPPRP) is eligible for the POS Local Planning grant. Park master plans are not eligible for planning grants.
Planning costs related to specific acquisition or development projects may be considered under their respective project types as part of the project.
Q. What is the Land Preservation, Parks and Recreation Plan (LPPRP)?
The LPPRPs are comprehensive planning documents that are used by the counties and Baltimore City as an opportunity to collect and evaluate parks, recreation, and land preservation data. These plans are meant to identify the rates of public participation in specific types of recreation and the availability of those facilities. There is special emphasis placed on the proximity of park facilities to where people live and especially to underserved communities.
Natural Resources Article § 5-905 (b)(2) requires that each county and Baltimore City submit a Land Preservation, Parks, and Recreation Plan every five years to the Departments of Natural Resources and Planning for joint approval. This is a prerequisite for county participation in Program Open Space. Per statute [(§ 5-905 (b)(2)], the Department of Natural Resources shall provide the legislators the opportunity to review and comment on the Plans.
Additional information about the LPPRP and the plan for each county may be found here:
Land Preservation, Parks and Recreation (LPPRP) Plans.
Q. We want to do a large project and may need multiple fund sources to accomplish this work. Can we apply for other grant sources in addition to the POS Local grant?
Yes, but since each grant may have its own match requirements, please plan accordingly and contact the Local Grants Administrator for your area for further assistance prior to submitting your application.
Q. How long does a POS Local project have to last?
Development projects must have a minimum 20 year life span. The grant recipient is responsible for the maintenance and upkeep of the project for public use for this time period. Acquisition projects must be maintained in perpetuity.
Q. What is the timeline for project approval?
The proposed project must be included in the county’s Annual Program for that fiscal year in order to be considered. Once submitted, the project application will be reviewed by the Local Grants Administrator for completeness and consistency with program requirements.
The application will then be submitted to the State Clearinghouse and other units of DNR for review. After the reviews are complete, the project will be scheduled on the next available Board of Public Works (BPW) agenda. Projects must be approved by the BPW before the funds may be encumbered for the project. This whole process will take approximately 2-3 months and could be more if there are questions or issues to be resolved during the review process.
Q. What is an Annual Program?
Per the Natural Resources Article of the Annotated Code of Maryland §5–901(b) “Annual program” means a schedule of acquisition or development for one fiscal year. Please refer to the Annual Program chapter in the
POS Local Manual for further guidance.
Q. What if we have a project with costs that will begin before the project is approved by the Board of Public Works (BPW)?
To be eligible for reimbursement, costs must have been incurred within the official project period, except for allowable project planning costs. The submission of a complete application sets the project start date. When immediate action is necessary and the time needed to compile and submit an application would result in a significant opportunity being lost, the applicant may request, in writing, that POS Local grant concurrence on a project. The applicant must explain the proposed project and give justification for the immediate action. If POS Local grants concurrence and the project qualifies for assistance at a later date, the beginning of the project period will be the date of the Letter of Concurrence, provided that a project application is submitted within 90 days or the concurrence may be void. Costs incurred on or after the start date but before BPW approval is at the applicant’s own risk. Eligible costs may only be reimbursed after BPW approval of the project.
Q. We are a small county/municipality with limited cash flow. Can we get an advanced payment for a deposit to our vendor to get our project started?
Since POS Local is a reimbursable grant program, the grant recipient will have to pay for any costs incurred upfront before reimbursement of those costs can be made. Partial project reimbursements are permitted which can help with cash flow. An advance of program funds to cover a portion of the anticipated allowable costs may be considered on a case-by-case basis, but the project must be completed as proposed and all costs and payments documented before the final reimbursement is made. Please contact the Local Grants Administrator for your area for further assistance.
Q. Can we make a change to the scope of our project after funding has been approved by the Board of Public Works?
Considerations may be made for minor changes that would not affect the overall scope of the project. Substantive changes are not recommended and would have to be re-approved by DNR, the State Clearinghouse and the Board of Public Works. Changes made without prior approval may not be reimbursed. Please contact the Local Grants Administrator for your area for further assistance.
Q. Can we make a change to the amount requested for our project after it has been approved, such as adjusting for inflation?
Applicants should make the best effort to provide a realistic cost estimate for the project proposed and not rely on general estimates or contingency costs for their budget. If there are significant increases in the funding needed, and the applicant has remaining POS Local funds in their unencumbered balance, the applicant can submit an additional funding application request for DNR review and BPW approval. This is only for the same project scope. To change the project scope, see above answer. Municipal applicants will need to go through their county representative for a new Funding Authorization Form for the additional amount. Please contact the Local Grants Administrator for your area for further assistance.
Q. Can we use the remaining funds in our grant for another project?
If all the elements as proposed have been completed and there are funds remaining in the grant, additional elements consistent with the approved project may be added at the same location. Please contact the Local Grants Administrator for your area before committing funding for anything not identified in the application or Board of Public Works approved project description. Any work outside the scope of the project or in a different location will need a new application and go through the full approval process. Additionally, any reverted funds from a municipal project are automatically added to the county’s POS Local unencumbered balance and the municipality must obtain a new funding authorization from the county in order to reuse any funds.
* These FAQs are some of the common questions asked about the POS Local program. The questions and answers are not intended to be exhaustive, and interested parties and applicants are encouraged to contact the Local Grants Administrator for your area with any questions.
