1. (a) Subject to any applicable provisions of this section, a municipal corporation or a county that owns or operates a transit system or in which a transit system operates or a transit operator may enter into an agreement to construct, operate, and maintain bus passenger shelters on a State right-of- way.
2. (b) An agreement under this section may allow commercial advertising signs to be displayed on bus passenger shelters consistent with applicable State, local, and federal law.
3. (c) A municipal corporation shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way located within the municipal corporation.

4. (d)

   1. (1) A county shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way located within the county but not within a municipal corporation.
   2. (2) With the concurrence of the municipal corporation, a county shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way that are located within a municipal corporation.

5. (e) A transit operator shall apply to the Administration for a permit to erect bus passenger shelters:

   1. (1) On State rights-of-way located within a municipal corporation, with the concurrence of the municipal corporation; and
   2. (2) On State rights-of-way located within an unincorporated area, with the concurrence of the county.

6. (f)

   1. (1) On receipt of an application for a permit to erect a bus passenger shelter, the Administration may issue a permit under § 8-646 of this title after determining that:

      1. (i) The location, design, and construction of the bus passenger shelter do not interfere with vehicular or pedestrian safety; and
      2. (ii) The construction of the bus passenger shelter, including any commercial advertising signs displayed on the bus passenger shelter, conforms with applicable State, local, and federal law.

   2. (2) A permit for a bus passenger shelter shall:

      1. (i) Include a provision requiring continued compliance with the requirements under paragraph (1) of this subsection;
      2. (ii) Include a provision that the State is not responsible to any party to an agreement under this section for any costs resulting from enforcement of the permit; and
      3. (iii) Serve as an agreement with the State as may be required under applicable federal regulation.
   3. (3) The Administration may not unreasonably withhold approval of a permit under this subsection to a municipal corporation, county, or transit operator that has complied with the provisions of this section.
7. (g) Notwithstanding subsection (a) of this section, the Administration may enter into agreements to construct, operate, and maintain bus passenger shelters at fixed-route bus stops used by the Maryland Transit Administration.

Added by Acts 2005, c. 131, § 1, eff. July 1, 2005.