Md. Code, Transportation, Title 5

Md. Code, Transportation, Title 5
in effect

Md. Code, Transportation § 5-4A-01

(a) (1) In this section, “airport district” means: (i) Designated land on which a privately owned commercial or public use airport is situated; and (ii) Designated private land proximate to a commercial or public use airport. (2) “Commercial use airport” means a publicly or privately owned airport at which: (i) Landing or tie down fees are charged; (ii) Aviation fuel or oil is sold; (iii) Space is rented; (iv) Goods or services are sold; or (v) Other activities are carried out for remuneration. (3) “Public use airport” means any publicly or privately owned airport that is open to flight operations by the public. (b) It is the intent of the Maryland General Assembly to establish and preserve airport districts for the purpose of: (1) Conserving land that is available for the future development of airports; (2) Ensuring access to commercial and recreational aviation in the State; and (3) Protecting airports and land proximate to airports as open space land. (c) (1) A county or municipal corporation containing a commercial or public use airport may: (i) Establish a policy for preserving land for airports; (ii) Establish airport districts; (iii) Acquire an easement for development rights in an airport district; (iv) Alter or abolish an easement in an airport district; and (v) Promote the preservation of airports in the county or municipal corporation by offering information and assistance to affected landowners with respect to the establishment of an airport district and the purchase of an easement. (2) (i) A county or municipal corporation that establishes an airport district shall establish the airport district by ordinance. (ii) The establishment of an airport district may not take effect until all landowners in the proposed airport district have executed and recorded along with land records an agreement with the county or municipal corporation stipulating that: 1. After the establishment of the airport district the landowner may agree to keep the landowner’s land compatible with airport use in accordance with this section; and 2. The landowner has the right to offer to sell to the county or municipal corporation under the provisions of this subtitle an easement for development rights in the landowner’s land. (3) In designating land as an airport district or acquiring an easement in an airport district, a county or municipal corporation shall: (i) Solicit from the county or municipal corporation planning and zoning body a study of the impact of an easement before acquiring an easement in an airport district; (ii) Consider current local regulations; (iii) Consider local patterns of land development; and (iv) Consider local priorities for the preservation of airport land. (4) (i) A county or municipal corporation shall hold a public hearing before acquiring an easement in an airport district. (ii) A county or municipal corporation shall provide adequate notice to all landowners in the proposed airport district and all interested parties before holding a public hearing. (d) A county or municipal corporation may coordinate its acquisition of an easement in an airport district with other programs and shall dedicate such funds to the acquisition as it considers appropriate. (e) (1) Except as otherwise provided in this subsection, a landowner whose land is subject to an easement may not use the land for a commercial, industrial, or residential purpose. (2) (i) A landowner may exclude from the easement restrictions 1 acre for each single dwelling that exists at the time of the sale of the easement, by a land survey and recordation provided at the expense of the owner. (ii) 1. Before an exclusion is granted under subparagraph (i) of this paragraph, an owner shall agree with the county or municipal corporation not to subdivide further for residential purposes land allowed to be excluded. 2. This agreement shall be recorded among the land records where the land is located and shall bind all future owners. (3) An easement in an airport district may not restrict a landowner from engaging in commercial or other activities involving agriculture, forestry, topographical enhancement, or other activities that are compatible with the future development of an airport. (4) An easement in an airport district may not prevent a landowner from engaging in commercial or other activities on the land related to normal airport operations including, but not limited to, the sale of maintenance products and services, and training schools. (f) Acquisition of an easement by a county or municipal corporation does not grant to the public a right of access or right of use of the airport district. (g) A county or municipal corporation may adopt regulations and procedures for administering this section. (h) Nothing in this section shall prohibit a landowner from selling the landowner’s property. (i) (1) The county or municipal corporation may review the use of land in an airport district and alter or abolish an airport district. (2) The county or municipal corporation shall distribute funds acquired from the sale of an easement in an airport district to the county’s or municipal corporation’s general fund. (j) In the event of condemnation of land under an airport preservation easement, the condemning authority shall pay: (1) To the landowner the full amount that the landowner would be entitled to if the land was not under easement, less any amount paid to the landowner by the county or municipal corporation for the easement; and (2) To the county or municipal corporation, to be deposited into the county’s or municipal corporation’s general fund, the value of the easement.

Md. Code, Transportation § 5-101

(a) In this title the following words have the meanings indicated. (b) “Administration” means the Maryland Aviation Administration. (c) (1) “Aeronautics” means the science and art of flight. (2) “Aeronautics” includes: (i) Transportation by aircraft; (ii) The operation, construction, repair, or maintenance of aircraft, aircraft power plants, and their accessories; (iii) The repair, packing, and maintenance of parachutes; (iv) The design, acquisition, establishment, construction, extension, operation, improvement, repair, regulation, or maintenance of airports, airport facilities, and air navigation facilities; and (v) Instruction in flying and related ground subjects. (d) (1) “Air navigation facility” means any facility that is used in, available for use in, or designed for use in the aid of air navigation. (2) “Air navigation facility” includes any one or more or combination of structures, mechanisms, lights, beacons, markers, communication systems, and other instrumentalities or devices useful or designed for use as an aid or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport or airport facility. (e) “Aircraft” means any device used or designed for navigation of or flight in the air. (f) “Airport” means any area established for the landing and taking off of aircraft, including any appurtenant airport facilities. (g) “Airport facility” includes any one or more or combination of: (1) Lands, airfield improvements, terminal area improvements, general aviation facilities, air cargo facilities, general site improvements, utilities, roads, streets, parking lots, and other facilities useful or designed for use in connection with the operation of an airport; and (2) All other appurtenances and equipment useful or designed for use in the handling of air carrier service, general aviation activities, and other related activities. (h) “Airport hazard” means any structure, tree or other vegetation, or use of land that: (1) Obstructs the airspace required for the landing and taking off of aircraft at an airport; (2) Is hazardous to the landing or taking off of aircraft at an airport; or (3) Interferes with communication between an airport and aircraft. (i) “Commission” means the Maryland Aviation Commission. (j) “Executive Director” means the Executive Director of the Maryland Aviation Administration. (k) “Operate aircraft” means to navigate, pilot, or otherwise use aircraft in the air or on land or water. (l) “Police officer” means any State or local officer authorized to make arrests for violations of State or local laws. (m) “Structure” means any object constructed or placed on or above the ground, including any building, fence, derrick, haystack, pole, wire, tower, or smokestack.

Md. Code, Transportation § 5-102

(a) The purpose of this title is to further the public interest and aeronautical progress by: (1) Promoting safety in and protecting aeronautics; (2) Cooperating to promote uniformity of aeronautics laws and regulations in the several states, consistent with federal aeronautics laws and regulations; (3) Granting powers to the Administration and imposing duties on it to enable this State to perform properly its functions relating to aeronautics and to exercise effectively its jurisdiction over persons and property, assist in the development of a statewide system of airports and airport facilities, cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and encourage and develop aeronautics; (4) Establishing only those regulatory provisions that are essential, so that persons may engage in any aspect of aeronautics with the least possible restriction, consistent with the safety, health, welfare, and the rights of others; and (5) Providing for cooperation: (i) With federal authorities in developing a national system of civil aviation; and (ii) With the political subdivisions of this State in developing and coordinating aeronautics in this State. (b) (1) The acquisition of any property under this title, the planning, acquisition, establishment, construction, improvement, maintenance, equipping, and operation of airports, airport facilities, and air navigation facilities, whether separately by this State or by a political subdivision or jointly by this State with any political subdivision, and the exercise of any other powers granted by this title are public and governmental functions, exercised for a public purpose, as matters of public necessity. (2) All property and privileges acquired and used by or on behalf of this State or a political subdivision under this title are acquired and used for public and governmental purposes, as matters of public necessity.

Md. Code, Transportation § 5-103

(a) The law of this State defines and governs all crimes, torts, and other wrongs committed in flight over this State. (b) All contractual and other legal relations entered into by any person while in flight over this State have the same effect as if entered into on the land or water beneath.

Md. Code, Transportation § 5-104

(a) Except where granted to and assumed by the federal government under a constitutional grant from the people of this State, sovereignty in the space above the lands and waters of this State rests in this State. (b) The ownership of the space above the lands and waters of this State is vested in the owner of the surface beneath, subject to: (1) The right of flight described in § 5-1001 of this title; and (2) The zoning and related powers set forth in Subtitles 5 through 8 of this title.

Md. Code, Transportation § 5-105

If a political subdivision has the power to appropriate money, it annually may impose a tax in the political subdivision and appropriate an amount sufficient to carry out its powers and duties under this title.

Md. Code, Transportation § 5-106

Notwithstanding any other provision of State or local law, the establishment of a commercial use airport in the sixth election district of Queen Anne’s County is prohibited.

Md. Code, Transportation § 5-201

(a) There is a Maryland Aviation Commission. (b) The Commission shall: (1) Establish policies directed toward the Maryland Aviation Administration’s ability to improve and promote the role of the Baltimore–Washington International Thurgood Marshall Airport as an airport of service to the Washington–Baltimore metropolitan area; (2) Approve regulations for the operation of the State–owned airports prior to their adoption by the Executive Director; (3) Direct the Administration in developing and implementing airport management policy for all State–owned airports; (4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this article, at any State–owned airport prior to the submission of those projects to the Governor and General Assembly for approval; (5) Exercise those powers granted to the Commission by this title or by any other provision of law; and (6) In carrying out the provisions of this subtitle: (i) Consider information and advice from: 1. The air carrier industry; 2. The airport concessionaire industry; 3. The airline support services industry; 4. Citizen advisory groups; 5. Airport employees or their representatives; 6. Local government; 7. Citizens from communities near airports; and 8. Other Maryland communities that have, or are predicted to have, potentially adverse health or community impacts from airport infrastructure and economic growth decisions; and (ii) Consider the aviation, economic, business, environmental, health, and community–related impacts or any other impacts the Commission finds relevant to the decisions of the Commission or the Administration. (c) (1) The Commission shall consist of 13 voting members: (i) 12 appointed by the Governor with the advice and consent of the Senate: 1. Two of whom shall be recommended by the Anne Arundel County Senate Delegation; and 2. Two of whom shall be recommended by the Howard County Senate Delegation; and (ii) The Secretary of Transportation, who shall be the Chairman of the Commission. (2) The Secretary of Commerce shall serve as a nonvoting ex officio Commission member. (d) (1) Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission: (i) An officer or employee of the State, except as provided in subsection (c) of this section; (ii) A representative of any entity whose principal activities are related to the operation of State–owned airports; (iii) A person employed by any entity whose principal activities are related to the operation of State–owned airports; or (iv) A member of the General Assembly. (2) In appointing the 12 members of the Commission, the Governor shall take into consideration: (i) Both the geographic and ethnic representation of the State such that all segments of the population of the State to the extent possible are represented on the Commission; and (ii) The experience of an appointee in the aviation and airport industries such that some Commission members have directly relevant experience. (3) Notwithstanding paragraph (1) of this subsection, a member of any State board, commission, or authority may be appointed a member of the Maryland Aviation Commission. Any person so appointed who is compensated by the State is not entitled to any compensation or other emolument, except expenses incurred in connection with attendance at hearings, meetings, field trips, and working sessions, for any services rendered as a Commissioner. (e) (1) Each appointed member serves for a term of 3 years and until a successor is appointed and qualifies. (2) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1994. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (f) (1) The Commission shall meet at a time and place designated by the Chairman of the Commission. (2) The Commission shall meet as often as its duties require, but not less than quarterly. (3) (i) Attendance by five members shall constitute a quorum. (ii) No formal action may be taken by the Commission except by an affirmative vote of a majority of the entire Commission. (g) Except as provided under subsection (d)(3) of this section, members of the Commission appointed by the Governor are entitled to the compensation and expenses provided for in the State budget. Members of the Commission are subject to the provisions of § 8–501 of the State Government Article. (h) (1) Each member of the Commission shall receive an orientation session to educate the member on the Commission’s responsibilities under subsection (b) of this section. (2) (i) Members appointed to the Commission before October 1, 2023, shall receive the orientation as a group within a reasonable time on or after October 1, 2023. (ii) Members appointed to the Commission on or after October 1, 2023, shall receive the orientation on an individual basis within a reasonable time following appointment.

Md. Code, Transportation § 5-201.1

§5–201.1. (a) (1) Notwithstanding any other provision of law, the Commission shall determine the qualifications and appointment, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State-owned airports. (2) (i) In making determinations and appointments under this subsection, the Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable airports or aeronautical agencies. (ii) In selecting comparable airports or agencies, the Commission shall consider operational and traffic data, market area characteristics, airport or agency competitiveness, and any other factors the Commission considers appropriate. (3) Except for general salary increases approved by the General Assembly, the Commission shall submit to the Secretary of Budget and Management at least 10 days prior to the effective date of any management personnel position salary increase notice of the proposed adjustment. (4) The Secretary of Budget and Management shall: (i) Review the proposed adjustment; and (ii) Within 10 days of receipt of the proposed adjustment, advise the Commission whether the adjustment poses an adverse impact on special fund expenditures. (5) Failure of the Secretary of Budget and Management to advise the Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact. (6) Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article. (b) Actions of the Commission which, in the judgment of the Chairman, have an impact upon the Transportation Trust Fund are subject to the approval of the Chairman. (c) The Chairman of the Commission shall: (1) Based on the advice of the Commission and subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and (2) Approve the Administration’s budget before its submission for the Governor’s approval and inclusion in the proposed budget submitted to the General Assembly. (d) The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.

Md. Code, Transportation § 5-201.2

§5–201.2. (a) Subject to § 2–1257 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Commission during the previous year. (b) The report shall include: (1) A review of the financial and operational results for all State–owned airports during the previous year, a summary of Commission feedback related to health or community impact and how the Commission addressed such feedback, and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility; (2) Subject to review by the Department of Budget and Management, an estimate of all expenditures necessary for the operation of the Commission. The estimate shall identify staff resources allocated to the Commission that are provided by the Department or other State agencies; and (3) Actions taken by the Commission pursuant to § 5–201.1(a) of this subtitle, including the consideration of the comparative status of employees serving at comparable airports or aeronautical agencies.

Md. Code, Transportation § 5-202.1

§5–202.1. (a) The head of the Administration is the Executive Director. (b) (1) The Executive Director shall report directly to the Commission. (2) Subject to the direction of the Commission and in accordance with other provisions of law, the Executive Director is responsible for: (i) Carrying out the powers and duties vested by law in the Administration; and (ii) Adopting and carrying out regulations. (c) The Executive Director is entitled to the salary provided in the State budget.

Md. Code, Transportation § 5-203

(a) The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, to the authority of the Maryland Transportation Authority. (b) By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be.

Md. Code, Transportation § 5-204

(a) In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section. (b) The Administration has general supervision over aeronautics in this State. (c) The Administration shall: (1) Encourage, foster, and assist in the development of aeronautics in this State; (2) Encourage the establishment of airports, airport facilities, and air navigation facilities; and (3) Cooperate with and assist the federal government, any political subdivision of this State, and any other person in the development of aeronautics, and coordinate the aeronautical activities of these bodies and persons. (d) With the approval of the Secretary, the Administration may: (1) Recommend necessary legislation to advance the interests of this State in aeronautics; (2) Represent this State in aeronautics matters before any agency of this or any other state or of the federal government; (3) Participate on behalf of this State or any political subdivision or citizen of this State as party plaintiff or defendant or as intervenor in any controversy that involves the interest of this State in aeronautics; and (4) Adopt rules and regulations for the functioning and administration of the Administration.

Md. Code, Transportation § 5-205

Any political subdivision may cooperate with the Administration in the development of aeronautics and aeronautics facilities in this State.

Md. Code, Transportation § 5-206

(a) The Administration may confer or hold joint hearings with any federal agency in connection with any matter that: (1) Arises under this title; or (2) Relates to the sound development of aeronautics. (b) To the extent practicable, the Administration: (1) May use the cooperation, services, records, and facilities of federal agencies in the administration and enforcement of this title; and (2) Shall furnish to federal agencies its cooperation, services, records, and facilities. (c) Any police officer who is informed of an aeronautics accident in this State shall: (1) Report the accident to the Administration and to the appropriate federal agency; and (2) To the extent practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in the accident until the Department of State Police or the appropriate federal agency institutes an investigation.

Md. Code, Transportation § 5-207

(a) In this section, “State airway” means any route designated by the Administration as a route suitable for air navigation above the land or waters of this State. (b) (1) Subject to paragraph (2) of this subsection, the Administration may: (i) Designate, design, and establish, expand, or modify a State airways system that best serves the interest of this State; and (ii) As required in the public interest, chart the system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways. (2) A State airway may not be established, expanded, or modified unless, after a hearing open to interested parties, the Administration finds that such action is necessary to the safety and advancement of aeronautics in this State. (c) The State airways system: (1) Shall be supplementary to and coordinated in design and operation with the federal airways system; and (2) May include any type of publicly or privately owned air navigation facility conforming to federal safety standards.

Md. Code, Transportation § 5-208

(a) (1) The Administration may perform any act, issue and amend any order, adopt and amend any general or special rule, regulation, or procedure, and establish any minimum standard consistent with this title and necessary: (i) To perform its duties and carry out the provisions of this title; (ii) To protect the general public safety, the safety of persons who operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or ground subjects that relate to aeronautics, or the safety of persons and property on land or water; or (iii) To develop and promote aeronautics in this State. (2) The Administration may adopt rules and regulations by which a person engaging in aeronautics may be required to establish financial responsibility for any damage or injury that might be caused by the person. (3) (i) The Administration shall adopt rules and regulations requiring the use of security identification badges in airports consistent with any airport security program regulations adopted under this section. (ii) After notice and opportunity for a hearing as provided under § 5-210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 for the misuse of a security identification badge in violation of an airport security program adopted under subparagraph (i) of this paragraph. (b) (1) A rule or regulation adopted by the Administration may not apply to any airport, airport facility, or air navigation facility that is owned or operated by the United States. (2) A rule, regulation, order, or standard of the Administration may not be inconsistent with or contrary to federal law. (c) Copies of all rules, regulations, and standards shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public.

Md. Code, Transportation § 5-209

(a) The Executive Director or any officer or employee of the Administration designated by the Executive Director may conduct investigations, inquiries, and hearings as to: (1) Any matter covered by this title or by a rule, regulation, or order of the Administration; or (2) Any aeronautics accident in this State. (b) Hearings shall be: (1) Open to the public; and (2) Except as provided in § 5–210 of this subtitle, held on such notice as the Executive Director considers advisable. (c) The Executive Director or his designee may: (1) Administer oaths; (2) Certify to all official acts; and (3) Issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents. (d) (1) If a person fails to comply with any subpoena or order issued under this section, the Executive Director or his designee may invoke the aid of a court of competent jurisdiction. (2) The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

Md. Code, Transportation § 5-210

(a) (1) If the Administration issues an order directing compliance with a specific requirement or if the Administration denies, suspends, or revokes a license, certificate, or other approval, the order or the denial, suspension, or revocation, as the case may be, shall state the reasons for the Administration’s action and shall specify the acts to be done or requirements to be met before approval by the Administration will be given, the license, certificate, or other approval granted or restored, or the order modified or changed. (2) Orders issued by the Administration shall be served on the affected persons by personal service or certified mail, return receipt requested, bearing a postmark from the United States Postal Service. (b) (1) If notice and opportunity for hearing are required under any provision of this title: (i) The order or other action of the Administration shall specify, on not less than 21 days’ notice, the time and place of hearing or the time within which the affected person may request a hearing; and (ii) The order or other action becomes effective on expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order or other action is suspended until the Administration, after the hearing or on default by the affected person, affirms, disaffirms, or modifies the order or other action. (2) The Administration shall conduct the hearing at or near its principal office. (c) Any person aggrieved by an order of the Administration or by the grant, denial, suspension, or revocation of any license, certificate, or other approval may appeal as provided by the Administrative Procedure Act.

Md. Code, Transportation § 5-211

An officer or employee of the Department may not be required to testify in any suit, action, or other proceeding that involves aircraft, either: (1) With respect to any fact ascertained in or information gained by reason of his official capacity; or (2) As an expert witness.

Md. Code, Transportation § 5-212.1

§5–212.1. (a) The Executive Director may designate employees of the Administration to exercise the powers specified in subsection (b) of this section. (b) (1) An employee appointed under this section may issue citations to the extent authorized by the Executive Director for violations of those provisions of § 5–426 of this title relating to motor vehicle parking at the airport. (2) The issuance of citations under this section shall comply with requirements of Title 26, Subtitle 3 of this article. (c) The Executive Director, in consultation with the chief police officer of the Maryland Transportation Authority Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing: (1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and (2) Standards for the performance of the duties assigned to employees appointed under this section.

Md. Code, Transportation § 5-213

(a) The Administration may make any contract necessary for or incidental to the performance of its duties and the exercise of its powers under this title. (b) Subject to the provisions of Division II of the State Finance and Procurement Article, if the planning, acquisition, construction, improvement, maintenance, or operation of any airport facility is financed with federal money, the Administration may contract as required by the federal authorities acting under federal law.

Md. Code, Transportation § 5-215

The Administration may make available its engineering and other technical services, with or without charge, to any person for the planning, acquisition, construction, improvement, or operation of an airport, airport facility, or air navigation facility.

Md. Code, Transportation § 5-216

Every rule, regulation, form, order, and directive adopted by or relating to the former State Aviation Commission of Maryland or the Director of Aeronautics remains in effect until changed by the Executive Director or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the State Aviation Commission of Maryland or the Director of Aeronautics means the Administration or the Executive Director, respectively.

Md. Code, Transportation § 5-217

(a) An agent or employee of the Administration or member of the Commission may not: (1) Contract with the Administration for the delivery of goods or services at any State-owned airport; (2) Have any direct or indirect interest in a contract with the Administration concerning the delivery of goods or services at any State-owned airport; or (3) Have any direct or indirect interest in the sale or purchase by the Administration of any property, except for employee participation in programs established by Subtitle 12 of this title. (b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

Md. Code, Transportation § 5-301

(a) In this subtitle the following words have the meanings indicated. (b) “Commercial use airport” means any publicly or privately owned airport at which: (1) Landing or tie down fees are charged; (2) Aviation fuel or oil is sold; (3) Space is rented; (4) Goods or services are sold; or (5) Any other activity is carried on for remuneration. (c) “Public use airport” means any publicly or privately owned airport that is open to flight operations by the public.

Md. Code, Transportation § 5-302

(a) This subtitle does not apply to any airport owned or operated by the United States. (b) To the extent necessary and in accordance with any reasonable classification, the Administration from time to time shall exempt any other class of airports from any requirement of a rule or regulation adopted under this subtitle, if the application of the requirement would be an undue burden on the class and is not required in the interest of public safety.

Md. Code, Transportation § 5-303

(a) The Administration may adopt rules and regulations providing for the approval of airport sites and the issuance of certificates of approval. (b) If the Administration provides for the approval of airport sites, any political subdivision or other person desiring or planning to construct or establish an airport may apply to the Administration for approval of the site before its acquisition or before construction or establishment of the proposed airport. (c) On receipt of an application under this section, the Administration shall issue a certificate of approval, with reasonable promptness and without charge, if it is satisfied that: (1) The site is adequate for the proposed airport; (2) The proposed airport will meet minimum standards of safety, which may not be more stringent than those standards, if any, recommended by the Federal Aviation Administration for similar airports; (3) Safe air traffic patterns can be worked out for the proposed airport and for all existing airports and approved airport sites in its vicinity; and (4) The intended operator of the proposed airport has complied with the requirements of this title on environmental noise control. (d) (1) The Administration may approve a site subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle. (2) Unless sooner revoked by the Administration, the approval remains in effect until a license or registration for an airport on the approved site is issued under this subtitle. (e) After notice to the holder of a certificate of approval and opportunity for hearing, the Administration may revoke an approval if it reasonably determines that: (1) The site has been abandoned as an airport site; (2) There has been a failure within the time required or, if no time has been required, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval; (3) Because of a change of physical or legal conditions or circumstances, the site is no longer usable for the purposes for which the approval was granted; or (4) The intended operator of the proposed airport has failed to comply with the requirements of this title on environmental noise control.

Md. Code, Transportation § 5-304

(a) (1) The Administration may adopt rules and regulations providing for: (i) The licensing of commercial use airports and public use airports; and (ii) The annual renewal of airport licenses. (2) For an airport license, the Administration may charge a license fee of not more than: (i) $25 for each original license; and (ii) $10 for each renewal. (b) If the Administration provides for the licensing of these airports, a person may not operate a commercial use airport or a public use airport unless the person has an airport license as required by the rules and regulations of the Administration. (c) On receipt of an application for an original license under this section and payment of the required fee, the Administration shall issue the appropriate license, with reasonable promptness, if it is satisfied that: (1) The site is adequate for the airport; (2) The airport meets minimum standards of safety, which may not be more stringent than those standards, if any, recommended by the Federal Aviation Administration for similar airports; (3) Safe air traffic patterns have been worked out for the airport and for all existing airports and approved airport sites in its vicinity; and (4) The airport operator has complied with the requirements of this title on environmental noise control. (d) (1) The Administration may issue an airport license or renewal subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle. (2) Before renewal of an airport license and at any other reasonable time, the Administration may require that the airport operator provide the Administration with a list, by serial number and description, of all aircraft, based at the airport for which renewal is sought and the names and addresses of their owners. (e) (1) The Administration may suspend an airport license pending a hearing if it reasonably determines that: (i) A condition exists that endangers the lives or property of persons using the airport or that endangers the occupants of the land near the airport; and (ii) It is in the interest of public safety and the general welfare to stop use of the airport. (2) After notice to the licensee and opportunity for hearing, the Administration may revoke or refuse to renew an airport license if it reasonably determines that: (i) The site has been abandoned as an airport; (ii) There has been a failure to comply with the conditions of the license or renewal; (iii) Because of a change of physical or legal conditions or circumstances, the airport has become unsafe or unusable for the purposes for which the license or renewal was issued; or (iv) The airport operator has failed to comply with the requirements of this title on environmental noise control.

Md. Code, Transportation § 5-305

(a) In connection with an application for approval of a proposed airport site or for an airport license, the Administration on its own motion may, and on request shall, hold a public hearing as provided in § 5-210 of this title. (b) If the Administration holds a hearing before issuance or renewal of a commercial use airport license, the license applicant shall pay all of the reasonable costs of the hearing up to $100.

Md. Code, Transportation § 5-306

(a) (1) The Administration may adopt rules and regulations providing for the registration of airports not required to be licensed under this subtitle. (2) Registration under this section shall be without charge unless the airport is used to base aircraft that do not belong to the registrant, in which event the Administration may charge a registration fee of not more than: (i) $10 for each original registration; and (ii) $5 for each renewal. (b) On payment of the required fee, the Administration shall issue a registration certificate subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle. (c) Each registration certificate is renewable annually on payment of the required fee.

Md. Code, Transportation § 5-401

In this subtitle, “establish or operate” includes plan, acquire, construct, equip, maintain, alter, enlarge, improve, reconstruct, repair, regulate, protect, or police.

Md. Code, Transportation § 5-402

This subtitle does not limit any right, power, or authority of this State or a political subdivision to regulate any airport hazard by zoning.

Md. Code, Transportation § 5-404

(a) With the approval of the Secretary, the Administration may establish or operate on behalf of and in the name of this State any airport, airport facility, or air navigation facility within or without this State. (b) These airports and facilities shall be established and operated out of funds available for that purpose under Titles 3 and 4 of this article.

Md. Code, Transportation § 5-405

(a) With the approval of the Secretary, the Administration may acquire, by gift, purchase, lease, condemnation, or otherwise, any property, including any easement in airport hazards or in land outside the boundaries of an airport or airport site, for the purposes of establishing or operating an airport, airport facility, or air navigation facility, if the acquisition is necessary: (1) To permit the safe and efficient operation of an airport; (2) To permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or (3) To prevent the establishment of airport hazards. (b) The Administration may acquire, in like manner, any existing airport, airport facility, or air navigation facility. However, it may not acquire any airport, airport facility, or air navigation facility owned or controlled by a political subdivision of this or any other state without the consent of the political subdivision. (c) Any condemnation proceedings under this section shall be instituted and maintained in the name of this State and conducted under Title 12 of the Real Property Article.

Md. Code, Transportation § 5-406

(a) With the approval of the Secretary, the Administration may sell, lease, or otherwise dispose of any property that it acquires under this subtitle. (b) The Administration shall dispose of its property in accordance with the laws of this State governing the disposition of State property generally.

Md. Code, Transportation § 5-407

Any power granted by this subtitle to the Administration may be exercised by the Administration jointly with the federal government, any other state, or any political subdivision or agency of this or any other state.

Md. Code, Transportation § 5-408

(a) In its operation of an airport, airport facility, or air navigation facility owned or controlled by this State, the Administration, with the approval of the Secretary and subject to the direction of the Commission, may contract, lease, or otherwise arrange with any person to: (1) Provide the person with services furnished by the Administration or its agents at the airport or facility; or (2) Grant to the person the privilege of: (i) Using or improving for commercial purposes any part of the airport or facility; or (ii) Supplying services, facilities, goods, commodities, or other things at the airport or facility. (b) (1) For the privileges granted, the Administration may establish any terms and conditions and fix any charges, rentals, or fees that: (i) Are reasonable and uniform for the same class of privilege or service; (ii) Are established with due regard to the property and improvements used and the expenses of operation to this State; and (iii) Do not deprive the public of its rightful, equal, and uniform use of any part of the airport or facility. (2) The Administration shall monitor the charges, fees, or prices of any goods or services offered to the public by persons granted the privilege under this section. Every contract, lease, or other arrangement shall provide that charges, fees, or prices: (i) May not be increased without the prior approval of the Administration; and (ii) Are to be reasonable. In determining reasonableness the Administration shall consider the charges, fees, or prices for the same goods or services at comparable airports. (3) The Administration shall: (i) Monitor the employment practices under Title 20, Subtitle 6 of the State Government Article of persons granted privileges under this section; and (ii) Refer for investigation all alleged violations of § 20–606 of the State Government Article to the Commission on Civil Rights, the Equal Employment Opportunity Commission, or any appropriate State or federal administrative body. (c) (1) In this subsection, “commercial activity” means the sale, merchandising, marketing, or promotion of any goods or services. (2) Commercial activity is permitted at an airport operated by the Administration only when expressly authorized by and in a manner prescribed by the Administration.

Md. Code, Transportation § 5-408.1

§5–408.1. (a) In this section, “complete streets policy” has the meaning stated in § 2–112 of this article. (b) The Administration shall, in accordance with § 2–112 of this article, adopt a complete streets policy for airport facilities owned or operated by the State.

Md. Code, Transportation § 5-409

(a) With the approval of the Secretary and subject to the direction of the Commission, the Administration may, consistent with the provisions of Division II of the State Finance and Procurement Article, contract, lease, or otherwise arrange with any person to grant to the person the privilege of operating, as agent of this State or otherwise, any airport or airport facility owned or controlled by this State. (b) A contract, lease, or other arrangement made under this section may be for any term not exceeding 10 years and for the consideration that the Administration determines. (c) The Administration may not authorize any person: (1) To operate the airport or facility other than as a public airport or facility; or (2) To make any contract, lease, or other arrangement in the operation of the airport or facility that the Administration itself could not make under § 5-408 of this subtitle.

Md. Code, Transportation § 5-410

This State has a lien on any personal property to enforce the payment of any charge for any repair, improvement, storage, or care of that property made or furnished by the Administration or its agents in the operation of an airport, airport facility, or air navigation facility owned or controlled by this State. The Administration may enforce the lien under Title 16 of the Commercial Law Article.

Md. Code, Transportation § 5-411

(a) The Administration may accept, receive, receipt for, disburse, and spend any federal or other public or private money made available to accomplish, wholly or partly, any of the purposes of this subtitle. (b) All federal money accepted under this section shall be accepted and spent by the Administration on the terms and conditions that the federal government requires. (c) In accepting federal money under this section, the Administration has the same authority to contract on behalf of this State as that granted to the Administration under § 5-422 of this subtitle for federal money accepted on behalf of a political subdivision, consistent with the provisions of Division II of the State Finance and Procurement Article. (d) Unless otherwise required by the person from whom the money was received, all money received by the Administration under this section is subject to § 3-216 of this article on the Transportation Trust Fund.

Md. Code, Transportation § 5-412

(a) Except as otherwise provided by law, the Administration shall operate and administer all State-owned airports. (b) Notwithstanding any other provision of law, the Administration may not enter into a contract for the provision of services at a State-owned airport that would result in the termination of State employees unless: (1) The contract and all supporting information have been submitted to the Legislative Policy Committee for its review and comment; and (2) Written comment from the Legislative Policy Committee has been received or 45 days have elapsed after the Legislative Policy Committee has received the contract.

Md. Code, Transportation § 5-413

(a) Any person who is or becomes a full-time employee of the Maryland Aviation Administration Fire Rescue Service on or before September 30, 1993 shall remain or become a member of the Baltimore City Fire and Police Employees Retirement System. The Administration shall reimburse the City for the employer’s cost of the pension coverage. (b) (1) Notwithstanding any public local or other law, the operator of a taxicab authorized and licensed to operate in a political subdivision of this State may, without being required to obtain an additional permit or license from any other political subdivision: (i) Transport passengers to Baltimore–Washington International Thurgood Marshall Airport from the political subdivision in which the taxicab is authorized and licensed to operate; and (ii) After transporting passengers to the airport from that political subdivision, pick up passengers at the airport and transport them to the political subdivision on its return trip. (2) (i) In this paragraph, “nonairport taxicab operator” means a person authorized and licensed to operate a taxicab in a political subdivision of this State who is not employed by, or under contract with, an entity that holds a contract with the Administration to provide taxicab services at Baltimore–Washington International Thurgood Marshall Airport. (ii) A nonairport taxicab operator may not solicit commercial passengers at Baltimore–Washington International Thurgood Marshall Airport, including in or at the terminal building, vestibules, sidewalks, roadways, and parking lots. (iii) Except as provided in subparagraph (iv) of this paragraph, a nonairport taxicab operator shall immediately depart the terminal after dropping off a commercial passenger. (iv) A nonairport taxicab operator may park at the operator’s expense in a public parking lot when not transporting commercial passengers to Baltimore–Washington International Thurgood Marshall Airport. (v) A nonairport taxicab operator who violates this paragraph is subject to a civil fine not exceeding $500. (c) The Administration may not begin construction of the new parallel transport runway, identified in the Airport Master Plan as runway 10 R/28L, until: (1) The Administration: (i) 1. Reviews the current airport noise zone and abatement procedures, such reviews to include an examination and an evaluation of runway curfews; and 2. Updates the noise zone as proposed by the Administration on February 25, 1987; (ii) Adopts the proposed noise assistance programs for residential areas within the airport noise zone including, but not limited to: 1. Extension of the voluntary acquisition program; 2. In cooperation with the Board of Airport Zoning Appeals established by Subtitle 5 of this title, strengthening of zoning permit procedures as necessary; and 3. Establishment of a homeowner assistance program; and (iii) Implements a pilot program of homeowner assistance in fiscal year 1988; and (2) The State Highway Administration completes construction of the following highway projects required in conjunction with airport improvements: (i) Hammonds Ferry Road/Poplar Avenue intersection improvements; (ii) MD 170/Poplar Avenue intersection; (iii) Poplar Avenue widening; (iv) MD 176 widenings; (v) MD 176/Hammonds Ferry Road intersection; (vi) Nursery Road/MD 295 interchange; and (vii) MD 3/MD 176 interchange (auxiliary lane). (d) The international terminal at Baltimore-Washington International Thurgood Marshall Airport shall be named the Governor William Donald Schaefer International Terminal.

Md. Code, Transportation § 5-413.1

§5–413.1. (a) In this section, “donation box” means a clearly marked receptacle for the charitable donation of money by the public. (b) The Executive Director shall work with House of Ruth Maryland to install secure donation boxes at the entrance to each security screening checkpoint at the Baltimore–Washington International Thurgood Marshall Airport. (c) The money deposited in the donation boxes required under subsection (b) of this section shall be used only to support House of Ruth Maryland.

Md. Code, Transportation § 5-414

(a) There is a Citizens Committee for the Enhancement of Communities Surrounding Baltimore-Washington International Thurgood Marshall Airport. (b) (1) The Citizens Committee consists of 12 members who are appointed by the Secretary after recommendation by the members of the legislative delegation from legislative districts 12A, 12B, 13, and 32 as follows: (i) Two members of the Citizens Committee shall be recommended by each of the delegates representing district 32; (ii) One member of the Citizens Committee shall be recommended by the delegates representing district 12A; (iii) One member of the Citizens Committee shall be recommended by the delegate representing district 12B; (iv) One member of the Citizens Committee shall be recommended by the delegates representing district 13; and (v) Three members of the Citizens Committee shall be recommended by the senator representing district 32. (2) The members shall be representatives of community associations that are either wholly or partially situated: (i) In the certified noise zone that was adopted under § 5–806 of this title and effective March 23, 1998, for Baltimore–Washington International Thurgood Marshall Airport; or (ii) In a border extending 2 miles outside of the certified noise zone. (c) (1) The term of a member of the Citizens Committee is 3 years. (2) The terms of the members are staggered as required by the terms provided for members of the Citizens Committee on October 1, 2001. (3) At the end of a term, a member continues to serve until a successor is appointed. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed. (d) From among the members of the Citizens Committee, the Secretary shall appoint a chairman. (e) (1) The Citizens Committee shall meet regularly at the call of the chairman. (2) The Secretary, or the Secretary’s designee, shall meet with the Citizens Committee at least quarterly. (f) A member of the Citizens Committee may not receive compensation or other reimbursement for expenses. (g) The Citizens Committee shall: (1) Evaluate issues of livability in the communities located in the area described in subsection (b)(2) of this section and the unique impacts on livability in these communities arising from their close proximity to Baltimore-Washington International Thurgood Marshall Airport; (2) Develop projects designed to address transportation issues that affect livability in the communities; and (3) Make recommendations to the Secretary for the funding of projects designed to address transportation issues that affect livability in the communities. (h) (1) The Secretary shall consider the recommendations of the Citizens Committee. (2) The Secretary may make grants-in-aid, under § 2-103(i)(2) of this article, to fund transportation related projects recommended by the Citizens Committee. (3) (i) The Secretary shall identify in the annual budget for the Department an amount designated for the grants-in-aid authorized under this subsection. (ii) In making a budget designation under this paragraph, the Secretary shall consider the number of aircraft operations at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year. (iii) A budget amount designated under this paragraph shall include an amount equal to at least one dollar for every takeoff and landing of an aircraft that occurs at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year. (i) Staff support for the Citizens Committee shall be provided by the Department.

Md. Code, Transportation § 5-415

(a) In this section, “Fire Rescue Service” means the Maryland Aviation Administration Fire Rescue Service. (b) Subject to subsections (c) and (e) of this section, the Fire Rescue Service may charge an ambulance transport fee to an individual if the Fire Rescue Service transports the individual to a hospital from property owned by the Administration or property subject to a mutual aid agreement to which the Administration is a party. (c) The Fire Rescue Service may not: (1) Question an individual about ability to pay an ambulance transport fee at the time that ambulance transportation is requested or provided; or (2) Fail to provide ambulance transportation and emergency medical services because of an individual’s actual or perceived inability to pay an ambulance transport fee. (d) The Administration may procure the services of a third party billing company to administer an ambulance transport fee program under this section. (e) Before the Fire Rescue Service may charge an ambulance transport fee under this section, the Administration shall adopt regulations to: (1) Set the amount of the ambulance transport fee; and (2) Administer the collection of the ambulance transport fee, including regulations governing: (i) A waiver of the ambulance transport fee in the event of financial hardship; (ii) The acceptance of reduced payments by commercial insurers and other third–party payors, including Medicare and Medicaid; and (iii) A requirement that each individual receiving an ambulance transport provide financial information, including the individual’s insurance coverage, and assign insurance benefits to the Administration. (f) The Administration shall deposit the fees collected under this section in the Transportation Trust Fund.

Md. Code, Transportation § 5-416

(a) As provided in this section, a political subdivision of this State, whether acting alone or jointly with another political subdivision, may: (1) Establish or operate any airport, airport facility, or air navigation facility; and (2) For this purpose, use any suitable property owned or controlled by the political subdivision. (b) An airport or facility may be established under this section: (1) By a county, only within its boundaries or the boundaries of any other county with which it is acting jointly; and (2) By Baltimore City or a municipal corporation, either within or without its boundaries.

Md. Code, Transportation § 5-417

(a) A political subdivision may acquire, by purchase or, if unable to agree on terms, by condemnation, any property, including any air right or interest, needed to establish or operate an airport, airport facility, or air navigation facility. (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.

Md. Code, Transportation § 5-418

(a) Any political subdivision that acquires, leases, controls, or sets apart any property for an airport, airport facility, or air navigation facility may: (1) Establish and operate the airport or facility; (2) Lease or grant to any person, on the terms and conditions it considers proper, any right or interest in the airport or facility; (3) Fix any charges, rentals, or fees for the use of the airport or facility and for any right or interest granted to any person under this section; and (4) Delegate any of its powers under this section to any suitable officer or agency of the political subdivision and, for this purpose, create any new agency or unit. (b) The costs and expenses incurred in connection with any act performed under this section shall be the responsibility of the political subdivision.

Md. Code, Transportation § 5-419

(a) Any political subdivision that has general taxing power in its jurisdiction may: (1) Issue its bonds in the amounts, at the rates of interest, and with the serial maturities that the governing body of the political subdivision determines by resolution, order, or ordinance; and (2) Use the proceeds from the sale of the bonds to acquire sites and construct, enlarge, alter, or improve airports, airport facilities, and air navigation facilities. (b) (1) The principal of and interest on the bonds issued by a political subdivision under this section shall be secured by the full faith and credit of the political subdivision. For the payment of the principal of and interest on the bonds as they become due and payable, the political subdivision annually shall levy a general tax on all of the assessable property subject to taxation in its jurisdiction. (2) A political subdivision may not issue any bonds under this section in an amount that, together with the aggregate amount of all other bonded indebtedness of the political subdivision, exceeds a total of 4 percent of the total assessed valuation of the real property located in the political subdivision and 10 percent of the total assessed valuation of personal property and operating real property described in § 8-109(c) of the Tax - Property Article located in the political subdivision. (c) This section supersedes any other general or local law to the extent of any conflict. No part of this section may be deemed to be impliedly repealed or superseded by any subsequent legislation if such construction reasonably can be avoided.

Md. Code, Transportation § 5-420

(a) The powers granted to political subdivisions by this subtitle include the power to acquire any property, including air rights or interests, for an airport, airport facility, or air navigation facility to be maintained by any common carrier of passengers or freight by air. (b) If a political subdivision contracts with a common carrier of passengers or freight by air to acquire an airport, airport facility, or air navigation facility and to sell the acquired property to the common carrier, the political subdivision may: (1) Borrow money not exceeding the amount of the purchase price under the contract; and (2) Use the money to acquire the property, by purchase, condemnation, or otherwise.

Md. Code, Transportation § 5-421

(a) With the approval of the Secretary, the Administration may grant or lend money to: (1) Any political subdivision or any authority created under State law to assist in the establishment or operation of an airport that is or is to be owned or controlled wholly or in part by the political subdivision or authority; or (2) Any other person to assist in the establishment or operation of any privately owned airport made available for use by the public. (b) When awarding loans and grants under this section, the Administration shall give priority to publicly owned airports.

Md. Code, Transportation § 5-422

(a) (1) With the approval of the Secretary, the Administration may act as agent of any political subdivision to: (i) Accept, receive, receipt for, disburse, or spend any federal or other public or private money made available to finance, wholly or partly, the establishment or operation of an airport, airport facility, or air navigation facility; and (ii) Contract for and supervise the establishment or operation of the airport or facility. (2) Each political subdivision may designate the Administration as its agent for any purpose of this subsection. (b) All federal money accepted under this section shall be accepted and transferred or spent by the Administration on the terms and conditions that the federal government requires. (c) Any political subdivision and, with the approval of the Secretary, the Administration, as principal for this State, may contract with each other, the federal government, or any other person to the extent required for a grant or loan of federal money for an airport, airport facility, or air navigation facility. (d) (1) All money received by the Administration under this section: (i) Shall be deposited in the State Treasury; and (ii) Unless otherwise required by the person from whom the money was received, shall be kept in a separate fund designated for the purpose for which the money was made available and shall be held by this State in trust for that purpose. (2) This money is not part of the Transportation Trust Fund and is not subject to § 3-216 of this article.

Md. Code, Transportation § 5-426

(a) After holding a public hearing, the governing body of any publicly owned airport in this State may adopt regulations for: (1) The parking of motor vehicles at the airport, including provision of a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with: (i) The “Uniform System for Parking for Persons With Disabilities” (23 C.F.R. Part 1235); (ii) The “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and (iii) 14 C.F.R. Part 382.23(a); (2) The movement of traffic at the airport; (3) Safety at the airport; and (4) The preservation of order at the airport. (b) All regulations adopted under this section shall be posted conspicuously in a public place at the airport.

Md. Code, Transportation § 5-427

(a) Any person who violates a parking regulation adopted and posted under § 5-426 of this subtitle is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor. (b) Any person who violates any other rule or regulation adopted and posted under § 5-426 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Transportation § 5-501

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Board of Airport Zoning Appeals. (c) “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.

Md. Code, Transportation § 5-502

(a) Subject to the provisions of this subtitle, the Administration may adopt airport zoning regulations to protect the aerial approaches of any airport owned by this State. (b) (1) The Administration shall compile in one file an accurate copy of this subtitle, Subtitle 6 of this title, and all airport zoning regulations adopted under this subtitle. (2) This file shall be kept at all times in the office of the Administration and shall be open to public inspection at all times during regular office hours. (c) (1) If there is any conflict between any airport zoning regulation adopted under this subtitle and any other regulation applicable to the same area, the more stringent limitation or requirement governs. (2) The provisions of all airport zoning regulations adopted under this subtitle are severable. If any provision of the regulations or its application is held invalid, the invalidity does not affect any other provision or application that can be given effect notwithstanding the invalidity.

Md. Code, Transportation § 5-503

(a) As to each airport, in the establishment of airport zoning districts or the adoption or amendment of its airport zoning regulations, the Administration 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. (b) 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. (c) Except as otherwise provided in this subtitle, an airport zoning district or airport zoning regulation adopted under this subtitle may not apply to any property located more than 3 miles beyond the outer perimeter of any airport.

Md. Code, Transportation § 5-504

(a) A person may not, in violation of this subtitle or any regulation adopted under it: (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) If any person violates any provision of this section, the Administration, in addition to any other remedy, may institute any appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition.

Md. Code, Transportation § 5-505

(a) Unless he has an appropriate permit issued by the Administration, a person may not, in any airport zoning district: (1) Substantially alter any nonconforming structure or use; or (2) Undertake or allow any activity prohibited by § 5-504(a) of this subtitle. (b) (1) Before any work that requires a permit under this section is started on an operation or project and before any growth that requires a permit under this section is allowed of a tree or other vegetation, the owner of the land or structure shall obtain a permit from the Administration. (2) The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed operation or project will comply with every applicable airport zoning regulation. (c) (1) Except as otherwise provided in paragraph (3) of this subsection, the Administration may not issue a permit unless every airport zoning regulation applicable to the airport zoning district in which the land or structure is located will be complied with fully. (2) The Administration shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration 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. (3) The Administration may issue a permit to any person acting on behalf of the Administration or any federal agency on land owned by the State or the federal government if the proposed activity complies with all applicable federal aviation regulations. (d) The Administration may condition any 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. (e) If the Administration disapproves an application: (1) The Administration shall notify the applicant in writing of its reasons for the disapproval; and (2) If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant may appeal to the Board as provided in § 5-507 of this subtitle. (f) A local agency may not issue a use permit or a permit for any construction, reconstruction, extension, repair, or alteration within an airport zoning district until the applicant has been issued an airport zoning permit by the Administration.

Md. Code, Transportation § 5-506

(a) There is a Board of Airport Zoning Appeals in the Department. (b) (1) The Board consists of 10 members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate. (2) Of the members of the Board: (i) Three shall be residents of Anne Arundel County; (ii) Three shall be residents of Baltimore County; (iii) Two shall be residents of Howard County; and (iv) Two, including the Chairman, shall be residents of a county other than those counties specified in items (i), (ii), and (iii) of this paragraph. (3) The Governor shall designate one of the members of the Board as its Chairman. (c) (1) Each member serves for a term of 4 years and until his successor is appointed and qualifies. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1982. (2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. (d) The Department may employ the personnel necessary to enable the Board to exercise its powers and perform its duties properly. (e) A member or employee of the Board is entitled to the compensation provided in the State budget. A member of the Board also is entitled to reimbursement for expenses, in accordance with the Standard State Travel Regulations of the Department of Budget and Management. (f) The Board has the powers and duties set forth in § 5-507 of this subtitle and shall comply with all the applicable provisions of Subtitle 6 of this title. (g) The Board shall sit in panels as follows: (1) If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, the Board panel shall consist of all members except those who are from Baltimore County; and (2) If an application for a variance or an appeal to the Board concerns property located in Baltimore County, the Board panel shall consist of all members except those who are from Anne Arundel County and Howard County.

Md. Code, Transportation § 5-507

(a) In a case of practical difficulty or unnecessary hardship, the Board, after public notice and hearing, may grant a specific variance from the airport zoning regulations adopted under this subtitle. (b) 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) On application for a variance, the Board shall act as a fact finding body and, among other things, shall consider any testimony or evidence presented regarding: (1) The rules, regulations, restrictions, guides, and standards set forth in this subtitle and in the airport zoning regulations that the Administration adopts; (2) The existing or proposed height, width, and use of the structure or tree or other vegetation for which the variance is requested; (3) Whether the structure or tree or other vegetation will create or become an airport hazard; (4) Whether issuance of the permit will result in endangering the public health, safety, security, or order; and (5) The impact of the proposed variance upon the surrounding community. (d) 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.

Md. Code, Transportation § 5-508

An appeal may be taken from a decision of the Board to a court of competent jurisdiction in the county in which the airport is located. The appeal shall be taken in the manner set forth in § 5-615 of this title.

Md. Code, Transportation § 5-509

(a) In this section, “district” means the land area established for Baltimore-Washington International Thurgood Marshall Airport delineated by and contained within a circle the radius of which is 4 miles from a point the Maryland grid coordinates of which are E893,909.99 -- N490,279.30. (b) (1) Except as otherwise provided in this subtitle, a structure may not be erected, altered, or maintained and a tree or other vegetation may not be allowed to grow or be maintained at a height greater than the height limit established for the district. (2) The Administration shall adopt regulations establishing the maximum height limit any structure, tree, or other vegetation may be allowed to grow or be maintained in the district, consistent with applicable federal aviation regulations. (3) The Administration shall file in the land records of Anne Arundel County, Baltimore County, and Howard County a map depicting the district established by this section.

Md. Code, Transportation § 5-510

Except as provided in this subtitle, a person may not use any land located within any airport zoning district created under this subtitle for any: (1) Transformer station; (2) High-tower transmission line; (3) Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport; (4) Rifle range or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport; (5) Plant or business of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport; (6) Business or structure of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport; or (7) Use that would: (i) Create electrical interference with radio communication between the airport and aircraft; (ii) Make it difficult for airmen to distinguish between airport lights and other lights; (iii) Cause glare in the eyes of airmen using the airport; (iv) Impair visibility in the vicinity of the airport; or (v) Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Md. Code, Transportation § 5-511

Any person who violates any provision of this subtitle or of any rule or regulation adopted by the Administration under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues.

Md. Code, Transportation § 5-601

(a) In this subtitle the following words have the meanings indicated. (b) “Airport” means any airport licensed by the Administration. (c) “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.

Md. Code, Transportation § 5-602

An airport hazard endangers the lives and property of the users of an airport and of the occupants of land in its vicinity, and it also reduces, in effect, the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport. It is, therefore, in the interest of public health, safety, and general welfare that the political subdivisions of this State be authorized to adopt zoning regulations, as provided in this subtitle, and to acquire property, by purchase, grant, lease, or condemnation, in order to eliminate airport hazards.

Md. Code, Transportation § 5-604

(a) Subject to the provisions of this subtitle, each political subdivision of this State may adopt, under its police power, airport zoning regulations to protect the aerial approaches of: (1) Any airport not owned by this State and located in the political subdivision; and (2) Subject to § 5-609 of this subtitle, any airport owned by the political subdivision and located wholly or partly outside of the political subdivision. (b) If a political subdivision has or adopts a general zoning ordinance regulating the height of buildings, any airport zoning regulations adopted under this subtitle 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. However, the general zoning regulations may not limit the effectiveness or scope of any regulation adopted under this subtitle.

Md. Code, Transportation § 5-605

(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.

Md. Code, Transportation § 5-606

(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.

Md. Code, Transportation § 5-607

(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.

Md. Code, Transportation § 5-608

(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.

Md. Code, Transportation § 5-609

(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.

Md. Code, Transportation § 5-610

(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.

Md. Code, Transportation § 5-611

(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.

Md. Code, Transportation § 5-612

(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.

Md. Code, Transportation § 5-613

(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.

Md. Code, Transportation § 5-614

(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.

Md. Code, Transportation § 5-615

(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 Appellate Court of Maryland from any decision of the court of record reviewing the decision of the board of appeals.

Md. Code, Transportation § 5-616

(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.

Md. Code, Transportation § 5-617

(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.

Md. Code, Transportation § 5-701

(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.

Md. Code, Transportation § 5-702

(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.

Md. Code, Transportation § 5-703

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.

Md. Code, Transportation § 5-704

(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.

Md. Code, Transportation § 5-705

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.

Md. Code, Transportation § 5-705.1

§5–705.1. (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.

Md. Code, Transportation § 5-706

This subtitle does not require any change in the height or location of any structure or other object in existence or any structure under construction before July 1, 1976.

Md. Code, Transportation § 5-707

If there is any conflict between any regulation adopted under this subtitle with any other regulation applicable to the same area, the more stringent limitation or requirement governs.

Md. Code, Transportation § 5-801

(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.

Md. Code, Transportation § 5-802

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.

Md. Code, Transportation § 5-804

(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.

Md. Code, Transportation § 5-805

(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.

Md. Code, Transportation § 5-806

(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.

Md. Code, Transportation § 5-807

The Executive Director may help to develop and carry out any noise abatement plan required by this subtitle. His help may include technical and financial aid.

Md. Code, Transportation § 5-810

(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.

Md. Code, Transportation § 5-811

(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.

Md. Code, Transportation § 5-812

(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.

Md. Code, Transportation § 5-813

(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.

Md. Code, Transportation § 5-814

(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.

Md. Code, Transportation § 5-815

(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.

Md. Code, Transportation § 5-816

(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 Appellate Court of Maryland from any decision of the court of record reviewing the decision of the board of appeals.

Md. Code, Transportation § 5-819

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.

Md. Code, Transportation § 5-820

(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.

Md. Code, Transportation § 5-821

(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.

Md. Code, Transportation § 5-822

(a) Appeals to the Board of Airport Zoning Appeals may be taken in the manner set forth in § 5–814 of this subtitle by any aggrieved person or by any officer or agency of a political subdivision affected by the decision of the Administration. (b) The Board of Airport Zoning Appeals may grant variances for State–owned airports in the manner set forth in § 5–815 of this subtitle. (c) The Board of Airport Zoning Appeals shall condition any variance prerequisite to the grant of a permit required by § 5–821 of this subtitle so as to require the applicant to: (1) Construct the proposed structure so as to comply with all applicable noise insulation regulations promulgated by the Administration; and (2) Grant to the Administration an avigation easement as defined by § 5–1201(d) of this title, such easement including a provision relinquishing any right to receive remuneration or other compensation or benefit under any program of this State designed to allay, abate, or compensate for the effects of aircraft noise and emissions in connection with the operation of Baltimore–Washington International Thurgood Marshall Airport. (d) After consultation with the Board of Airport Zoning Appeals and affected local governments, the Administration shall adopt regulations to further the intent of this section and to meet the sound insulation goals set forth in § 5–815(a) of this subtitle. (e) Any aggrieved person or any officer or agency of an affected political subdivision may appeal from a decision of the Board of Airport Zoning Appeals in the manner set forth in § 5–816 of this subtitle. (f) Upon timely application, an affected political subdivision may intervene in any appeal taken under this subtitle to the Board of Airport Zoning Appeals or to a court of competent jurisdiction.

Md. Code, Transportation § 5-823

(a) The Executive Director may acquire, by purchase or condemnation, any property for noise compatibility purposes in any noise zone surrounding a State-owned airport. (b) Any property acquired under subsection (a) of this section may be resold, with or without deed restrictions, or leased, wholly or partly. However, if the disposition of an interest in real property is for a nonairport related use, it shall be made in accordance with plans of the political subdivision in which the property is located.

Md. Code, Transportation § 5-824

(a) If the State purchases real property within the noise zone of Baltimore-Washington International Thurgood Marshall Airport for noise mitigation purposes with federal, State, or local funds, the Administration may not use the real property to construct or extend any terminal, fuel farm, runway, or taxiway. (b) This section does not preclude the Administration from purchasing real property for noise mitigation purposes or for projects to promote the public safety as it is affected by existing or future airport operations and facilities.

Md. Code, Transportation § 5-901

(a) In this subtitle the following words have the meanings indicated. (b) “Air school” means, except as provided in subsection (c) of this section, any person who, whether or not for compensation, gives or offers to give instruction in flying or in ground subjects relating to aeronautics. (c) “Air school” does not include: (1) Any public school or other noncollegiate educational institution approved by the State Board of Education; or (2) Any college, university, or other institution of postsecondary education approved by the Maryland Higher Education Commission.

Md. Code, Transportation § 5-903

(a) If the Administration provides for the licensing of air schools, a person may not operate an air school unless the person has an air school license as required by the rules and regulations of the Administration. (b) A person may not give instruction in flying for compensation unless he is an authorized flight instructor under federal law.

Md. Code, Transportation § 5-904

(a) Except as provided in subsection (b) of this section and in § 5-905 of this subtitle, the Administration: (1) Shall issue any air school license that it requires, if the air school is in compliance with the rules and regulations of the Administration; and (2) May charge an annual license fee of not more than $25. (b) On application and, except for the considerations expressly listed in § 5-905(b) of this subtitle, without further requirement, the Administration shall issue any license required by it, at an annual fee of $1, to each air school that has been issued an appropriate federally approved air school certificate or rating.

Md. Code, Transportation § 5-905

(a) After notice and opportunity for hearing, the Administration may suspend, revoke, or refuse to issue an air school license if it reasonably determines that the air school is unqualified. (b) In determining whether a license should be suspended, revoked, or refused, the Administration shall be governed by the standards required by § 5-208 of this title and, among other things, shall consider: (1) Whether the air school has violated any law of this State or of the United States relating to aeronautics; and (2) Whether any instructor of the air school: (i) Is addicted to the use of narcotics or other habit forming drugs; (ii) Is addicted to the excessive use of alcoholic beverages; (iii) Has made a material false statement in connection with an application to the Administration under this subtitle; or (iv) Has been guilty of conduct dangerous to the public safety or to the safety of those engaged in aeronautics.

Md. Code, Transportation § 5-906

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Transportation § 5-1001

(a) There is a public right to freedom of transit in air commerce through the airspace of this State. (b) The operation of aircraft over the lands and waters of this State is lawful, unless the operation is: (1) At so low an altitude as to interfere with any lawful existing use of the land or water or the space above the land or water; or (2) Conducted in a manner imminently dangerous to persons or property on the land or water. (c) (1) Except for a forced or emergency landing, a person may not land an aircraft on the lands or waters of any other person without the consent of that other person. (2) For damages caused by a forced or emergency landing, a person is liable as set forth in § 5-1005 of this subtitle.

Md. Code, Transportation § 5-1002

(a) (1) For purposes of this subsection, “operate” shall include any use of the aircraft which involves remuneration to the owner, including but not limited to leasing, rental, and use for instructional purposes. (2) The owner of any aircraft based or hangared in this State may not operate that aircraft unless there is a liability insurance policy in force on the aircraft which covers the owner and the pilot for claims by passengers or other persons for any injuries to them or their property that might arise out of the operation of the aircraft. (b) The liability insurance shall provide coverage for at least: (1) $50,000 bodily injury per individual; (2) $100,000 bodily injury per accident; and (3) $50,000 property damage protection. (c) All airport operators in this State shall maintain a roster of aircraft based or hangared at the facility. This roster shall include for each aircraft: (1) The “N” number, type, and model of the aircraft; (2) The name and address of the owner or operator of the aircraft, and the period of time the aircraft has been based or hangared at the facility; (3) The liability insurance policy or binder number; (4) The name of the insurance company shown on the policy; and (5) The name of the insurance producer. (d) The Administration, at the time of annual on–site airport inspection and licensing of public use airports in this State, shall have access to liability insurance policy information to determine compliance with subsection (b) of this section.

Md. Code, Transportation § 5-1003

On demand, the holder of a federal airman’s certificate of competency shall present the certificate for inspection to: (1) Any authorized representative of the Administration; or (2) Any State or local police officer.

Md. Code, Transportation § 5-1004

The liability of the owner of one aircraft to the owner of another aircraft or to any person in either aircraft for damages caused by collision on land or in the air is governed by the rules of law applicable to torts on land.

Md. Code, Transportation § 5-1005

(a) The owner and lessee of an aircraft operated above the lands and waters of this State are each prima facie liable, jointly and severally, for any injury to persons or property on the land or water beneath them that is caused by the operation of the aircraft or by the falling of any object from the aircraft, unless: (1) The injury is caused in whole or in part by the negligence of the injured person or of the owner or bailee of the injured property; or (2) At the time of the injury, the aircraft is being used without consent of the owner or the lessee, as the case may be. (b) The presumption of liability on the part of the owner or lessee may be rebutted by proof that the injury was not caused by negligence on the part of: (1) The owner or the lessee, as the case may be; (2) Any person operating the aircraft with the permission of the owner or lessee; or (3) Any person maintaining or repairing the aircraft with the permission of the owner or lessee. (c) A person who is not the owner or lessee of the aircraft is liable only for the consequences of his own negligence. (d) (1) The injured person or the owner or bailee of the injured property has a lien on the aircraft to the extent of the damage caused by the aircraft or the object falling from it, if he registers and records with the Administration a sworn notice of the lien within 30 days from the date of the injury. The notice of lien shall set forth in detail the injury or damage sustained by him or his property. (2) A notice of a lien not so recorded is void against subsequent good faith purchasers and mortgagees without actual notice. The lien terminates on rebuttal of the prima facie liability by the owner or lessee of the aircraft.

Md. Code, Transportation § 5-1006

(a) A person may not operate any aircraft in this State: (1) While under the influence of any intoxicating liquor, narcotic, or other habit forming drug; or (2) In a careless or reckless manner that endangers the life or property of another. (b) In determining whether there has been careless or reckless operation of aircraft, the standards required by federal law governing aeronautics for safe operation of aircraft shall be considered. (c) (1) In addition to or instead of the penalties provided for in Subtitle 11 of this title or as a condition to the suspension of a sentence imposed under that subtitle, the court may prohibit any person who violates a provision of this section from operating an aircraft in this State for any period of not more than 1 year. (2) Violation of an imposed prohibition of a court under this subsection may be treated as a separate offense under this section or as a contempt of court. (d) This section does not authorize the court or any other agency or person to take away, impound, hold, or mark any federal certificate, permit, rating, or license.

Md. Code, Transportation § 5-1007

(a) A person may not operate an aircraft towing an advertisement for promotional purposes in violation of applicable federal aviation regulations that relate to altitude or horizontal radius over any public or private sporting arena in Baltimore City. (b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500.

Md. Code, Transportation § 5-1008

(a) Except as specifically authorized by State or federal law, a person may not be aboard, board, or attempt to board any aircraft engaged in certificated air commerce services with any firearm or explosive on or about his person, whether openly or concealed. (b) Any person who violates any provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.

Md. Code, Transportation § 5-1009

Aircraft capable of operating on water shall be governed by the rules of water navigation while at rest on or operating in contact with water.

Md. Code, Transportation § 5-1101

(a) The Administration may: (1) Report to the appropriate federal agencies and agencies of other states: (i) All proceedings instituted for an alleged violation of §§ 5-1002 and 5-1006 of this title; and (ii) All penalties imposed on the owners or operators of aircraft or other persons for violations of the aeronautics laws of this State or violations of any rule, regulation, or order of the Administration; (2) Receive reports of penalties and other information from these agencies; and (3) If necessary, contract with these agencies for the delivery, receipt, exchange, and use of reports and information. (b) The Administration may make the reports and information of the federal agencies, the agencies of other states, and the courts of this State, available to any court of this State or to any State or local officer of this State who is authorized to enforce the aeronautics laws of this State.

Md. Code, Transportation § 5-1102

The Administration and all police officers shall enforce and assist in the enforcement of: (1) This title and the rules, regulations, and orders adopted under it; and (2) All other aeronautics laws of this State.

Md. Code, Transportation § 5-1103

The Administration, in the name of this State, may enforce this title and the rules, regulations, and orders adopted under it, by application for injunction or other judicial process.

Md. Code, Transportation § 5-1104

(a) If a person is apprehended by a police officer for the violation of any provision of this title that is punishable as a misdemeanor or for the violation of any rule, regulation, or order adopted under this title that is punishable as a misdemeanor, the officer shall prepare and sign a written citation. (b) The citation shall contain: (1) A notice to the person charged to appear in court; (2) The name and address of the person charged; (3) The State registration number of any aircraft involved in the offense; (4) The offense charged; (5) The time and place the person charged is required to appear in court; (6) A form for the written promise of the person charged to appear in court; and (7) Any other necessary information. (c) The person charged may give his written promise to appear in court by signing the form for written promise on the citation prepared by the police officer. In this event, the officer need not take the person into physical custody for the violation unless: (1) The person charged does not furnish satisfactory evidence of identity; or (2) The officer has reasonable grounds to believe the person charged will disregard a written promise to appear. (d) (1) Regardless of the disposition of the charge for which the citation was issued, a person may not violate his written promise to appear given on the issuance of a citation. (2) A written promise to appear in court may be complied with by an appearance by counsel.

Md. Code, Transportation § 5-1105

(a) Except as otherwise provided in this title, any person who violates any provision of this title or of any rule, regulation, or order adopted or issued under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both. (b) In Carroll County or Baltimore County, a person who violates the provisions of § 5-705.1 of this title is subject to a fine of $100,000 for each violation and each month that a violation continues.

Md. Code, Transportation § 5-1201

(a) In this subtitle the following words have the meanings indicated. (b) “Airport” means Baltimore–Washington International Thurgood Marshall Airport. (c) “Annual day–night (average) sound level” means the annual average aircraft noise level occurring during a 24–hour period, the calculation of which includes the addition of a 10 decibel penalty to noises occurring between 10 p.m. and 7 a.m. daily. (d) “Avigation easement” means a written privilege granted by a homeowner related to aircraft overflight, noise, and associated effects which may arise in the ordinary operation of the airport. (e) “Board” means the Board of Airport Zoning Appeals established under Subtitle 5 of this title. (f) “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24–hour period, using the annual day–night (average) sound level (LDN) methodology. (g) “Homeowner” means an owner of residentially used real property situated within the airport noise zone. (h) “Noise zone” means an area of land surrounding the 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, under Subtitle 8 of this title. (i) “School” means a public or privately operated elementary, secondary, postsecondary, or noncollegiate institution, with facilities in use on or before April 1, 1987, which is: (1) Located within the airport noise zone; and (2) Certified or accredited by the State Board of Education.

Md. Code, Transportation § 5-1202

(a) The General Assembly finds, based on State and federal standards associating various cumulative noise exposure levels with compatible land uses, that there are approximately 1,200 housing units and at least one public and one private school within the current airport noise zone that are exposed to noise levels deemed either undesirable or unacceptable for residential or educational use. (b) The General Assembly further finds that, in the interest of public health, safety, and welfare, the Administration should be authorized to develop and implement noise assistance programs to address incompatible land uses surrounding the airport.

Md. Code, Transportation § 5-1203

(a) Subject to the provisions of this subtitle, the Administration shall establish a voluntary land acquisition program under which it shall purchase residentially occupied real property subject to a cumulative noise exposure of 70 LDN or greater, as identified by the most recently adopted airport noise zone, if the owner of the real property volunteers to sell the real property to the Administration. (b) Local governments are encouraged, in the exercise of their police powers, to cooperate with Administration efforts to create a land use buffer zone composed of noise compatible commercial, industrial, and other nonresidential uses in areas contiguous to the airport. (c) The Secretary is directed to request full funding for the program as part of the 1989 fiscal year budget and subsequent departmental budget requests.

Md. Code, Transportation § 5-1204

(a) (1) Subject to the provisions of this subtitle, the Administration shall establish a homeowners assistance pilot program for existing residentially occupied real property in those communities and neighborhoods identified by the Administration as being situated entirely or in part within the 65 LDN noise contour as established by the most recently adopted airport noise zone. (2) The pilot program established under this subsection shall provide at least 2 homeowner assistance options including: (i) An option enabling homeowners to sell their real property, with the Administration assuring the resale value of the property; and (ii) An option enabling homeowners who occupy single-family housing or rent such property for residential use to receive financial assistance from the Administration for noise-attenuating improvements which may include weather stripping, caulking, window glazing, augmentation of wall, door, ceiling, and attic insulation, and installation of forced air ventilation or other types of air conditioning systems. (3) The Administration shall select at least 40 residential properties situated within the airport noise zone to participate in the pilot program, including at least 20 properties in each of the program options described in paragraph (2) of this subsection. (b) (1) Before conveying a fee interest in residential real property to a third party, a homeowner participating in the pilot program option described in subsection (a)(2)(i) of this section shall grant to the Administration an avigation easement. (2) A homeowner participating in the pilot program option described in subsection (a)(2)(ii) of this section shall grant to the Administration an avigation easement. (c) The Administration shall: (1) Implement the homeowners assistance pilot program in fiscal year 1988; (2) Submit to the 1988 Session of the General Assembly, in accordance with § 2-1257 of the State Government Article, a report on the results of the program, including a study of the feasibility of making noise-attenuating improvements to schools; and (3) Make recommendations as part of the Department’s fiscal year 1989 budget request for the continued funding of the program.

Md. Code, Transportation § 5-1205

(a) No real property for which a specific variance has been granted by the Board under Subtitle 8 of this title, or that is encumbered by an avigation easement granted to the Administration, may be selected for participation in the pilot program established by § 5-1204 of this subtitle. (b) The Board may not grant any variance under Subtitle 8 of this title from noise zone regulations for any proposed residential or educational use of real property during the period that the pilot program established by § 5-1204 of this subtitle is in operation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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