1. A. Authority. Transportation Article, §5-821, Annotated Code of Maryland, authorizes the Executive Director, by regulation, to issue permits for new construction within the noise zone surrounding State-owned airports.

2. B. Permits.

   1. (1) Except as provided in §B(3) of this regulation, a person wishing to establish or construct a new structure, or to make new uses of land or structures, or to replace existing structures, or to make substantial changes in a structure or use of land, or to make substantial repairs to a structure within the noise zone surrounding a State-owned airport, shall obtain a permit from the Executive Director before the undertaking may begin.

   2. (2) Application for the permits shall be in a form required by the Executive Director, and shall include:

      1. (a) A full description of the project use;
      2. (b) A description of the project location, including Maryland grid coordinates.

   3. (3) Notwithstanding §B(1) of this regulation, the Administration may not require a person to obtain a permit to construct an addition to a residential structure in a noise zone if the:

      1. (a) Resultant improved structure retains the same number of family dwelling units; and
      2. (b) Addition is not made eligible for participation in those State-funded noise assistance programs established by Transportation Article, Title 5, Subtitle 12, Annotated Code of Maryland.
   4. (4) In accordance with Transportation Article, §5-821, Annotated Code of Maryland, the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.
   5. (5) Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.

   6. (6) For purposes of administration of this regulation the following terms are defined:

      1. (a) “Substantial change in a structure” means any change in a residential structure when the value of the work is greater than $5,000 or when change results in additional independent living units or increased habitable floor area, or a change in a nonresidential structure when the value of the work is greater than $5,000.
      2. (b) “Substantial repairs” means repairs other than those needed to keep existing structures in sound condition.
   7. (7) 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 pursuant to Transportation Article, §5-821, Annotated Code of Maryland.

Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland

Effective date: August 6, 1975 (2:17 Md. R. 1192)

Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)

Chapter recodified from COMAR 11.03.14 to 11.03.03

Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)

Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)

Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)

Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)

Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)

Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)