reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-605 - Joint Board of Political Subdivisions

(a)    (1)    By appropriate action of their respective governing bodies, any two or more political subdivisions may agree to create a joint board and delegate to it the power granted by this subtitle to adopt and enforce airport zoning regulations for any airport located wholly or partly in any one or more of the political subdivisions.
(2)    If a joint board is created under this section, it may exercise the powers granted by this subtitle to a political subdivision or its legislative body to the extent that these powers have been delegated to it by the political subdivision and subject to the rules, restrictions, guides, and standards established by the governing bodies of the political subdivisions that created it.
(b)    Each joint board shall consist of:
(1)    Two representatives of each political subdivision that creates the joint board, appointed by the chief executive officer of the political subdivision; and
(2)    One additional member, who shall be the chairman, elected by a majority of the appointed members.
(c)    (1)    Each member of a joint board serves for a term of 4 years and until his successor is appointed and qualifies.
(2)    On written charges and after a public hearing, the respective appointing authority may remove any member of a joint board for cause.
(3)    A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
(d)    (1)    Each joint board shall adopt rules for the conduct of its business.
(2)    Meetings of a joint board shall be held at the call of the chairman or a majority of the joint board. All meetings of the board shall be open to the public.
(3)    Each joint board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the joint board and shall be a public record.
(e)    (1)    At a meeting of a joint board, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.
(2)    If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-606 - Considerations and Limitations

(a)    Regulations adopted under this subtitle shall divide the area surrounding the airport to which they apply into districts of the number, shape, and size that the political subdivision considers best suited for the purposes of this subtitle. Within each district, the political subdivision may regulate and restrict the height of structures and trees or other vegetation and the purposes for which land may be used.
(b)    All regulations shall be uniform throughout the district to which they apply. However, regulations in one district may differ from those for other districts.
(c)    As to each airport, in the establishment of districts or in the adoption or amendment of its airport zoning regulations, the political subdivision shall consider, among other things, to the extent that they affect and in order to promote the public health, safety, order, or security, the following:
(1)    The character of the flying operations conducted or expected to be conducted at the airport;
(2)    The surrounding terrain;
(3)    The height of existing structures and trees or other vegetation in the vicinity;
(4)    The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity;
(5)    As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics;
(6)    The risks associated with aerial traffic at the airport;
(7)    The type, size, weight, and load capacity of aircraft that use or might use the airport;
(8)    The weather conditions generally prevailing in the vicinity;
(9)    The size and layout of the landing area of the airport; and
(10)    The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation.
(d)    An airport zoning regulation adopted under this subtitle may not:
(1)    Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or
(2)    Otherwise interfere with the continuance of any nonconforming use.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-607 - Procedures for Adopting and Changing Regulations -- in General

(a)    Subject to the provisions of this subtitle, the legislative body of a political subdivision shall provide for the manner in which airport zoning regulations and boundaries of airport zoning districts are to be adopted, amended, enforced, and repealed.
(b)    (1)    Airport zoning regulations and boundaries of airport zoning districts are not effective until there has been a public hearing at which interested parties and the public have an opportunity to be heard.
(2)    At least 15 days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in each of the political subdivisions in which the airport is or will be located.
(c)    (1)    Any regulation and boundary may be amended or repealed from time to time. However, if the owners of at least 20 percent of the area included in a proposed change sign a protest against the change, the change is not effective unless approved by two thirds of all the members of the joint board or of the legislative body of the political subdivision, as the case may be.
(2)    Subsection (b) of this section on public hearings and notices applies to all changes made under this subsection, and, if the change is in a boundary of any airport zoning district, notice of the hearing also shall be posted within that district, at the place that the zoning authorities designate.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-608 - Procedures for Adopting and Changing Regulations -- Zoning Commission

(a)    (1)    For purposes of this subtitle, the legislative body of the political subdivision shall appoint an airport zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced.
(2)    A zoning board of appeals of the political subdivision may be designated as the airport zoning commission.
(b)    The commission shall make a preliminary report and hold a public hearing on it before submitting its final report. The legislative body may not hold its public hearings or take any action until it receives the final report of the commission.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-609 - Procedures for Adopting and Changing Regulations -- Airports Owned by and Located Outside of Political Subdivision

(a)    If an airport owned by a political subdivision is located wholly or partly outside of the political subdivision, the adoption of airport zoning regulations under this subtitle is subject to this section.
(b)    Before any airport zoning regulation or amendment adopted under this section is effective, it shall be submitted to and approved by:
(1)    The governing body of each other political subdivision in which any part of the airport is located; or
(2)    If one is created under § 5-605 of this subtitle, a joint board of the political subdivisions in which any part of the airport is located.
(c)    (1)    Within 60 days after a regulation is submitted to it under this section, the joint board or governing body shall either:
(i)    Approve the regulation; or
(ii)    By written notice specifying its reasons, disapprove the regulation.
(2)    If a joint board or governing body fails to disapprove a regulation as provided in paragraph (1) of this subsection, the regulation is deemed to be approved by it. The approval or disapproval of a joint board or governing body, as the case may be, is final and binding.
(3)    A regulation is effective only if approved by the joint board or governing body of each political subdivision in which any part of the airport is located.
(d)    If an airport zoning regulation adopted by a political subdivision under this section conflicts with any airport zoning or other regulation of any other political subdivision, the regulation adopted under this section governs.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-610 - Administrative Agency

(a)    The legislative body of a political subdivision that adopts airport zoning regulations under this subtitle may:
(1)    Delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction; or
(2)    Create a new administrative agency to perform this duty.
(b)    The duties of the administrative agency include receiving applications for and deciding whether or not to issue permits applied for under § 5-611 of this subtitle.
(c)    The administrative agency may not be or include any member of the board of appeals, and it may not exercise any of the powers delegated to the board of appeals.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-611 - Permits

(a)    To facilitate the enforcement of airport zoning regulations adopted under this subtitle, a political subdivision may establish a system and adopt rules and regulations for the granting of permits to:
(1)    Establish or construct any new structure;
(2)    Make any new use of any existing structure or land;
(3)    Substantially alter any existing structure or use of land; or
(4)    As to any tree or other vegetation:
(i)    Plant or replant any of such a height as to be an airport hazard;
(ii)    Allow any to grow to such a height as to be an airport hazard; or
(iii)    Even if it is nonconforming, allow any that is an existing airport hazard to grow any higher.
(b)    (1)    Whether or not a permit system is established under subsection (a) of this section, before any work is started to substantially alter any nonconforming structure and before any growth described in subsection (a) of this section is allowed of a tree or other vegetation, a permit shall be obtained from the administrative agency authorized to administer and enforce the zoning regulations.
(2)    The administrative agency shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the agency may not issue any permit that will allow a structure or tree or other vegetation to be higher than or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.
(c)    If the administrative agency grants a permit under this section that does not have to be issued as a matter of right, it may condition the permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-612 - Board of Appeals -- Establishment and Operation

(a)    Airport zoning regulations adopted under this subtitle shall provide for a board of appeals with the power:
(1)    To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the administrative agency in the enforcement of this subtitle or of any ordinance or other legislation adopted under this subtitle;
(2)    If required by an ordinance or other legislation adopted under this subtitle, to hear and decide special exceptions to the terms of the ordinance or other legislation; and
(3)    To hear, decide, and, in proper cases, grant specific variances from the zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established under this subtitle.
(b)    A zoning board of appeals of the political subdivision may be designated as the board of appeals. In all other cases, subsection (c) of this section applies.
(c)    (1)    Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members.
(2)    Each member of the board of appeals serves for a term of 4 years and until his successor is appointed and qualifies. However, of the original appointees, one is to serve a 1-year term, one is to serve a 2-year term, one is to serve a 3-year term, and two are to serve a 4-year term.
(3)    On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause.
(4)    A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
(d)    (1)    The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle.
(2)    Meetings of the board shall be held at the call of the chairman and at any other time that the board determines. All meetings of the board shall be open to the public.
(3)    The board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the board and shall be a public record.
(e)    (1)    At a meeting of the board of appeals, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.
(2)    If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
(f)    The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this subtitle.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-613 - Board of Appeals -- Appeals

(a)    (1)    Appeals to the board of appeals may be taken by any aggrieved person or by any officer or agency of the political subdivision affected by any decision of the administrative agency.
(2)    An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.
(b)    (1)    An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.
(2)    If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.
(c)    (1)    The board shall:
(i)    Set a reasonable time for hearing the appeal;
(ii)    Give public notice of the hearing;
(iii)    Give notice to the parties in interest; and
(iv)    Decide the appeal within a reasonable time.
(2)    Any party may appear at the hearing in person or by his agent or attorney.
(d)    In compliance with this subtitle, the board:
(1)    May reverse, affirm, or modify the decision appealed from; and
(2)    For this purpose:
(i)    May make any order, requirement, decision, or determination that it considers proper; and
(ii)    Has all the powers of the administrative agency from which the appeal is taken.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-614 - Board of Appeals -- Grant of Variances

(a)    The legislative body of a political subdivision may authorize the board of appeals in cases of practical difficulty or unnecessary hardship to grant specific variances from the airport zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established by the legislative body.
(b)    If the board is authorized to grant variances, any person who desires to use his property in a manner prohibited by an airport zoning regulation adopted under this subtitle may apply to the board for a variance from the regulation.
(c)    The board may condition any variance so as to require the owner of the land or structure to which the variance applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-615 - Judicial Review

(a)    Any aggrieved person or any officer or agency of the political subdivision may appeal from a decision of the board of appeals to a court of competent jurisdiction.
(b)    If, at the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a commissioner to take the evidence that the court directs and report to the court with his findings of fact and conclusions of law. These findings and conclusions constitute a part of the proceedings on which the determination of the court shall be made.
(c)    The court may:
(1)    Reverse, affirm, or modify the decision brought up for review; and
(2)    If necessary, order further proceedings by the board of appeals.
(d)    It is not necessary to join the board of appeals as a party.
(e)    An appeal under this subtitle has preference over all other civil actions and proceedings.
(f)    An appeal may be taken to the Court of Special Appeals from any decision of the court of record reviewing the decision of the board of appeals.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-616 - Acquisition of Property

(a)    A political subdivision that owns, controls, or operates an airport may acquire, by purchase, grant, lease, or condemnation, any property, including any air right or interest, needed to eliminate an airport hazard, to protect the aerial approaches to the airport, or to effectuate the purpose of this subtitle, if:
(1)    A nonconforming use, structure, or tree or other vegetation is an airport hazard, and it is necessary or desirable to remove, lower, or otherwise terminate it;
(2)    Because of constitutional limitations, the aerial approaches to the airport cannot be made or kept safe by airport zoning regulations adopted under this subtitle;
(3)    It is advantageous to make and keep aerial approaches to the airport safe by the acquisition of property rather than by airport zoning regulations; or
(4)    Any zoning regulation or any action of a zoning authority interferes with the use or enjoyment of private property or otherwise infringes on private property rights so much that it would be taking of private property without the just compensation required by the Constitution of the United States or the Maryland Constitution.
(b)    Any condemnation of property under this section shall be under the law by which the political subdivision may condemn property for public purposes other than street purposes or, if it has no such law, under Title 12 of the Real Property Article.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 6 - Airport Zoning -- by Political Subdivisions › Section 5-617 - Enforcement and Penalties

(a)    (1)    Each political subdivision, by action of its legislative body, may provide for the enforcement of this subtitle and of any rule, regulation, or ordinance or other legislation adopted under it.
(2)    In addition to any other remedy, the political subdivision or its proper agency may institute or cause to be instituted any appropriate legal, equitable, or criminal action to enforce any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted under this subtitle.
(b)    Any person who violates any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted by a political subdivision under this subtitle is guilty of a misdemeanor and on conviction:
(1)    Is subject to the punishment of fine or imprisonment or both provided for by the political subdivision; or
(2)    If the political subdivision does not provide for any punishment, is subject to a fine of not more than $500 for each day or part of a day that the violation continues.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-701 - Legislative Policy

(a)    An obstruction to air navigation:
(1)    Interferes with the public right of freedom of transit in air commerce;
(2)    Endangers the lives and property of those using the airspace for transportation; and
(3)    Endangers the lives and property of the occupants of land in this State.
(b)    The public health, safety, and welfare require regulation of the erection and maintenance of obstructions to air navigation.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-702 - Adoption of Regulations

(a)    The Administration shall adopt rules and regulations to govern the erection and maintenance of obstructions to air navigation.
(b)    These rules and regulations shall incorporate the Federal Aviation Administration obstruction standards except to the extent that, after public hearing, the Executive Director finds any part of the federal standards to be detrimental to the general public safety, the safety of persons operating, using, or traveling in aircraft, or the safety of persons and property on land or water.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-703 - Prohibited Activities

Except as provided in § 5-704 of this subtitle, a person may not build any structure, permit any structure to be built, or permit any object to grow to a height that, in violation of any rule or regulation adopted under this subtitle, constitutes an obstruction to air navigation at or near any licensed public use airport, as that term is defined in § 5-301 of this title.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-704 - Variances

(a)    Except as to the land area subject to jurisdiction of the Board of Airport Zoning Appeals as established under Subtitle 5 of this title, a political subdivision or a joint board established under Subtitle 6 of this title may grant any variance to a rule or regulation adopted under this subtitle, if the variance will not endanger the public health, safety, and welfare.
(b)    Unless the legislative body of the political subdivision or the joint board provides otherwise, any person who desires a maximum height variance may apply for the variance in accordance with the local procedure for requesting a variance to the comprehensive zoning regulations of the political subdivision.
(c)    If an application for a variance is made, the political subdivision or joint board shall notify the Administration of the application at least 10 days before any hearing is held on it.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-705 - Obstruction Lighting and Marking

The Administration, political subdivision, or joint board may require the owner of any structure or other object that exceeds the height limitations permitted by the rules and regulations adopted under this subtitle to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of the obstruction.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 7 - Obstruction Regulations › Section 5-705.1 - Authority of Political Subdivisions to Cease Nighttime Operation of High Intensity Lighting Systems on Transmission Towers

(a)    In this section, “governing body of a political subdivision” means the Baltimore County Council or the County Commissioners of Carroll County.
(b)    If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system.
(c)    A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body.
(d)    A governing body that conducts a public hearing under this section shall:
(1)    Provide reasonable advance notice of the time, place, and subject matter of the hearing;
(2)    Provide a reasonable opportunity for all interested persons to present oral and written comments; and
(3)    Notify the Administration at least 10 days before any hearing is held.
(e)    The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who:
(1)    Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and
(2)    Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property.
(f)    A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations.
(g)    The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part I - Definitions; General Provisions › Section 5-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Airport” means any airport licensed by the Administration.
(c)    “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24-hour period at a given location.
(d)    “Impacted land use area” means an area within a noise zone occupied by a land use with a limit for cumulative noise exposure that is less than the actual cumulative noise exposure in that area.
(e)    “Limit for cumulative noise exposure” means the maximum cumulative noise exposure for a given land use that is compatible with that land use.
(f)    “Noise zone” means an area of land surrounding an airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director.
(g)    “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part I - Definitions; General Provisions › Section 5-802 - Purpose of Subtitle

The purpose of this subtitle is to:
(1)    Provide a positive basis for abatement of existing noise problems in communities near airports and to prevent new noise problems; and
(2)    Protect the health and general welfare of the occupants of land near airports.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part II - Statewide Regulations › Section 5-804 - Limits for Cumulative Noise Exposure

(a)    With the endorsement of the Secretary and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Executive Director shall adopt regulations that establish limits for cumulative noise exposure for residential and other land uses on the basis of the noise sensitivity of a given land use.
(b)    In adopting limits under this section, the Executive Director shall:
(1)    Consider:
(i)    The general health and welfare;
(ii)    The rights of property owners;
(iii)    Accepted scientific and professional standards; and
(iv)    The recommendations of the Federal Aviation Administration and Environmental Protection Agency; and
(2)    Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost and without impairing the safety of flight, is consistent with attaining the environmental noise standards adopted by the Maryland Department of Health.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part II - Statewide Regulations › Section 5-805 - Assessment of Noise Environment; Noise Abatement Plan for Impacted Land Use Area

(a)    (1)    Each airport operator, including each person intending to operate a proposed airport, shall assess the noise environment created by the operation and projected future use of the airport.
(2)    The assessment method shall follow the procedures that the Executive Director establishes for calculating or measuring cumulative noise exposure.
(3)    The assessment shall delineate any noise zone and identify any impacted land use area.
(b)    (1)    If an impacted land use area exists within a noise zone, the airport operator shall develop a noise abatement plan to reduce the size of or eliminate the impacted land use area by altering the coverage of the noise zone through the application of the best available technology, at a reasonable cost and without impairing safety of flight.
(2)    The plan may include:
(i)    A development of runway and flight path use to reduce adverse noise impact;
(ii)    Establishment of noise abatement glide slopes;
(iii)    Establishment of noise abatement flight and ground procedures;
(iv)    Restrictions on operations of noisy aircraft;
(v)    Restrictions on noisy maintenance operations;
(vi)    Relocation of runways; and
(vii)    Acquisition of property to reduce the size of or eliminate an impacted land use area.
(c)    (1)    Unless required earlier as part of an environmental impact study or by the Executive Director, an assessment of the noise environment for each airport and any noise abatement plan required by this section shall be submitted to the Executive Director for approval by July 1 of each fifth year after July, 1976.
(2)    Before the Executive Director approves any assessment or plan, the Executive Director shall furnish it to the chief executive officer and the zoning board of any affected political subdivision and give them an opportunity to comment.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part II - Statewide Regulations › Section 5-806 - Implementation and Monitoring of Approved Plans; Certification of Noise Zones

(a)    (1)    As to each noise abatement plan the Executive Director approves, the airport operator shall:
(i)    Begin to carry out the plan within 6 months of its approval; and
(ii)    Except as provided in paragraph (2) of this subsection, fully carry out the plan within 18 months of its approval.
(2)    The Executive Director may grant a delay of up to 2 years to carry out the plan fully if the Executive Director finds that, despite the good faith efforts of the operator, the operator cannot comply with the schedule required by this subsection.
(b)    After notice and a public hearing, the Executive Director shall certify and publish, as a noise zone for purposes of Parts III and IV of this subtitle, any noise zone that results from an approved assessment or an approved plan.
(c)    On application by the airport operator or an affected political subdivision, the Executive Director shall consider any adjustment to an approved plan or noise zone that is needed to reflect potential operational changes, changes in adjoining land uses, or other factors. Adjustments may be made only by recertification of the noise zone by the Executive Director, after notice and a public hearing.
(d)    Before any hearing under this section, the Executive Director shall give the chief executive officer and zoning board of any affected political subdivision an opportunity to comment. After certification of a noise zone, the Administration shall notify them of the certified noise zone.
(e)    The Executive Director may adopt rules and regulations for monitoring compliance with approved plans.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-810 - Adoption of Noise Zone Regulations by Political Subdivisions

(a)    For airports not owned by this State, within 180 days after the Executive Director certifies and publishes a noise zone under Part II of this subtitle, each political subdivision that has a noise zone wholly or partly within its jurisdiction shall adopt, under its police power, noise zone regulations establishing local noise zones. These noise zones may not be less restrictive than the noise zone certified by the Executive Director.
(b)    The political subdivision shall identify the noise zones established under this section on each zoning map, comprehensive plan, and other appropriate document.
(c)    (1)    If a political subdivision has or adopts a general zoning ordinance, any noise zone regulations adopted under this section for all or a part of the same area may be made a part of the general zoning regulations and administered and enforced with them.
(2)    The legislative body of a political subdivision that adopts noise zone regulations under this section may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. However, the administrative agency may not be or include any member of the board of appeals.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-811 - Failure of Political Subdivision to Adopt Noise Regulations

(a)    If a political subdivision fails to adopt noise zone regulations as required by this part, the Administration shall adopt, administer, and enforce appropriate regulations for any noise zone wholly or partly within the jurisdiction of the subdivision.
(b)    An appeal from a decision of the Administration may be made in the manner provided in §§ 5-814 and 5-816 of this subtitle.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-812 - Permits

(a)    Unless a person has an appropriate permit issued by the political subdivision, the person may not, in a noise zone established under this part:
(1)    Establish or construct any new structure;
(2)    Make any new use of any existing structure or land; or
(3)    Substantially alter any existing structure or use of land.
(b)    A political subdivision may not grant a permit if the proposed action would enlarge the size of or create an impacted land use area.
(c)    Before a political subdivision acts on any permit application, the political subdivision shall notify the Administration of the application and give the Administration an opportunity to comment.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-813 - Board of Appeals -- Establishment and Operation

(a)    The legislative body of a political subdivision may provide for a board of appeals with the power:
(1)    To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the political subdivision or its administrative agency in the enforcement of this part or of any ordinance or other legislation adopted under this part; and
(2)    To hear, decide, and, in proper cases, grant specific variances from noise zone regulations adopted under this part, subject to § 5-815 of this subtitle.
(b)    A zoning board of appeals of the political subdivision may be designated as the board of appeals. In all other cases, subsection (c) of this section applies.
(c)    (1)    Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members.
(2)    Each member of the board of appeals serves for a term of 4 years and until his successor is appointed and qualifies. However, of the original appointees, one is to serve a 1-year term, one is to serve a 2-year term, one is to serve a 3-year term, and two are to serve a 4-year term.
(3)    On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause.
(4)    A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
(d)    (1)    The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle.
(2)    Meetings of the board shall be held at the call of the chairman and at any other time that the board determines. All meetings of the board shall be open to the public.
(3)    The board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the board and shall be a public record.
(e)    (1)    At a meeting of the board of appeals, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.
(2)    If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
(f)    The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this part.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-814 - Board of Appeals -- Appeals

(a)    (1)    Appeals to the board of appeals may be taken by the Administration, by any aggrieved person, or by any officer or agency of the political subdivision affected by any decision of the administrative agency.
(2)    An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.
(3)    Before the hearing, the agency also shall send a copy of the decision to the Administration and give it an opportunity to comment.
(b)    (1)    An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.
(2)    If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.
(c)    (1)    The board shall:
(i)    Set a reasonable time for hearing the appeal;
(ii)    Give public notice of the hearing;
(iii)    Give notice to the parties in interest; and
(iv)    Decide the appeal within a reasonable time.
(2)    Any party may appear at the hearing in person or by his agent or attorney.
(d)    In compliance with this part, the board may:
(1)    Reverse, affirm, or modify, the decision appealed from; and
(2)    For this purpose:
(i)    May make any order, requirement, decision, or determination that it considers proper; and
(ii)    Has all the powers of the administrative agency from which the appeal is taken.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-815 - Board of Appeals -- Grant of Variances

(a)    Subject to the provisions of this subtitle, the board of appeals may grant specific variances from noise zone regulations adopted under this part, if the design of a proposed structure or the repair, replacement, or change of a structure or use of land provides for sound insulation adequate to insure that interior noise levels resulting from airport operations will not exceed those levels that would occur if the structure or land use were outside of the noise zone.
(b)    Any person who desires to use his property in a manner prohibited by a noise zone regulation adopted under this part may apply to the board for a variance from the regulation.
(c)    The board may condition any variance so as to require the owner of any structure or land use to which the variance applies to construct the proposed structure or to repair, replace, or change the structure or use of land at his expense in a way that meets the requirements of subsection (a) of this section.
(d)    When reviewing a request for a variance under the airport noise zone regulations, the board shall consider any facts and circumstances relevant to the request for variance, including any testimony or evidence presented regarding possible impacts on the surrounding community of the grant or denial of the proposed variance.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part III - Local Regulations › Section 5-816 - Judicial Review

(a)    The Administration, any aggrieved person, or any officer or agency of the political subdivision may appeal from a decision of the board of appeals to a court of competent jurisdiction.
(b)    If, at the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a commissioner to take the evidence that the court directs and report to the court with his findings of fact and conclusions of law. These findings and conclusions constitute a part of the proceedings on which the determination of the court shall be made.
(c)    The court may:
(1)    Reverse, affirm, or modify the decision brought up for review; and
(2)    If necessary, order further proceedings by the board of appeals.
(d)    It is not necessary to join the board of appeals as a party.
(e)    An appeal may be taken to the Court of Special Appeals from any decision of the court of record reviewing the decision of the board of appeals.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-819 - Executive Director's Duty as Airport Operator

For all airports owned by this State, the Executive Director shall discharge all of the obligations required of an airport operator by §§ 5-805 and 5-806 of this subtitle, including the delineation of noise zones and the establishment of any required noise abatement plans.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-820 - Adoption and Enforcement of Regulations

(a)    After the Executive Director certifies and publishes a noise zone for a State-owned airport, he shall adopt, administer, and enforce regulations for the airport in the same manner that a political subdivision enforces its regulations under Part III of this subtitle.
(b)    As to new airports, the Executive Director shall establish noise zones, any required noise abatement plan, and noise zone regulations as follows:
(1)    For any newly constructed State-owned airport, before the initial operation of the airport; and
(2)    For any newly acquired State-owned airport, within 1 year of the acquisition of the airport.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-821 - Permits

(a)    Unless a person has an appropriate permit issued by the Administration, the person may not, in a noise zone established under this part:
(1)    Establish or construct any new structure;
(2)    Make any new use of any existing structure or land; or
(3)    Substantially alter any existing structure or use of land.
(b)    Notwithstanding subsection (a) of this section, the Administration may not require any person to obtain a permit to construct an addition to a residential structure in a noise zone established under this part, if:
(1)    The resultant improved structure retains the same number of family dwelling units; and
(2)    The addition is not made eligible for participation in any State funded noise assistance program established under Subtitle 12 of this title.
(c)    The Administration may not grant a permit if the proposed action would:
(1)    Enlarge the size of or create an impacted land use area; or
(2)    Violate local land use and zoning laws.
(d)    Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established under this subtitle.