1. A. Authority. The Annotated Code of Maryland grants to the Administration certain regulatory authority, including the right to limit the width and location of existing access points, the requirement that a temporary or permanent entrance from any commercial or industrial property may not be made into any highway except in accordance with a permit issued by the Administration, and the requirement that permits must be acquired from the Administration before working within and across a State highway. An application for a permit to construct a commercial entrance street intersection shall be filed with plans, performance surety, and any other items which may be required by the responsible parties or their authorized representative.

2. B. Who Shall Apply for a Permit. The following is a descriptive listing of some of the parties required to apply for a permit. It is to be used only as a guide and may not be construed as all-inclusive. The words “commercial”, “industrial”, and “subdivision”, used singularly or collectively in the following text, shall include all entrances other than those for an individual residence:

   1. (1) Owners, or their duly authorized representatives (developers, contractors, tenants, lessees, etc.), of land newly being developed commercially, industrially, or as a subdivision, all desiring access to a State highway;
   2. (2) Parties desiring to establish a new public street intersection or modify an existing public street intersection;
   3. (3) Parties desiring to change existing entrances or create new entrances into existing commercial or industrial facilities, and subdivisions;
   4. (4) Parties desiring to modify, expand, or in any other manner make improvement to an existing facility, which will increase or change the type of vehicular generation or traffic pattern;
   5. (5) Parties desiring to change use or occupancy of an existing facility;
   6. (6) Parties owning, occupying, leasing, or using a commercial or industrial facility (which was in existence before 1957) that is not fully channelized in accordance to permits issued by the Administration and which is now deemed hazardous from the viewpoint of access;
   7. (7) Parties desiring to do any work within or across the State highway right-of-way.

Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland

Effective date: May 14, 1975 (2:10 Md. R. 757)

Chapter recodified from COMAR 11.04.10 to 11.04.05

Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)

Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)

Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)

Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)

Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)

Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)

Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)

Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)

Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)

Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)

Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)

Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)

Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)