GIS Office - Digital Spatial Data
Distribution Policy
POLICY TITLE: Digital Spatial Data Distribution Policy
POLICY NUMBER: AT-2
ADOPTION DATE: November 27, 2001
EFFECTIVE DATE: October 16, 2007
I. PURPOSE
The purpose of this policy is to establish procedures for the licensing and distribution of digital spatial data (“DSD”) to the public by the GIS Office (GIS Office) of the Department of Information Technologies on behalf of the Board of County Commissioners for Washington County, Maryland (the “County”).
II. LEGAL BACKGROUND
Ordinarily, data prepared by the County, whether in digital or other format, must generally be made available to the public for the cost of copies of the data pursuant the Public Information Act, Md. Code, State Government Article, §§ 10-601, et seq., regardless of the cost of producing the data. However, in Md. Code, State Government Article, §§ 10-901, et seq., entitled Automated Mapping-Geographic Information Systems, the General Assembly has enacted an exception that allows a “governmental unit” such as a county to charge such fees for data products as will allow the recovery of all or a part of the “cost to create, develop, and reproduce the product in printed or hard copy form.” Likewise, the unit may charge such fees for data services as will allow the recovery of all or a part of “the actual cost of providing the service, including a reasonable share of the overhead costs of the system.”
III. GENERAL POLICY
The policy of the County is to provide for effective control over the distribution of DSD. These types of data can only be accessed and viewed with computerized software specific to that purpose, the most common types of which are known as Geographic Information Systems (“GIS”) and Computer Assisted Drafting systems (“CAD”). Other software may or may not be suitable for viewing these types of data, but the County makes no representations as to the effectiveness of any software. Data are distributed by non-exclusive license and not sale. The County retains exclusive title and ownership of all data. All rights not specifically granted in the license agreement are reserved to the County.
IV. OBJECTIVES
The objectives of this policy are to:
- Provide a systematic method of controlling the dissemination of DSD.
- Provide equitable access to available DSD.
- Provide the development community with a valuable tool.
- Reduce the possibility of unauthorized duplication of valuable County resources.
- Recoup a portion of the cost of production and/or maintenance of DSD.
- Maintain the value of specified DSD.
- Demonstrate responsible stewardship of products purchased with funding from the Maryland Emergency Number Systems Board.
V. RESPONSIBILITIES
The GIS Office shall:
- Administer this policy through the Geographic Information System Manager.
- Maintain a catalog of available DSD, subject to periodic revision without notice.
- Accept applications for DSD.
- Reproduce licensed DSD to order.
- Execute and maintain license agreements.
- Collect and disburse license fees.
VI. PRICING
The GIS Office shall maintain a schedule of charges for the available products. Prices are based on the recoverable costs as set in the above statute.
The GIS Office may license DSD to government agencies and other public entities in its discretion for a nominal processing fee, as long as it is used for legitimate public purposes. Any such distribution shall be subject to the standard license agreement.
VII. LICENSE AGREEMENT
The GIS Office shall utilize a standard form license agreement approved by the Office of the County Attorney
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