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Session Laws, 1969
Volume 692, Page 1598   View pdf image
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1598                             LAWS OF MARYLAND                       [CH. 725

stitutional sense, of any such franchise rights as public service
corporations and utility companies may have in the public highways,
streets, roads, ways or alleys, nor divest the Commission of its right
to use the public highways, streets, roads, ways or alleys for the in-
stallation of its facilities, all those rights being subject only to rea-
sonable provisions for control by that county governing body of the
construction, disturbing or repair of its public highways, streets,
roads, ways and alleys,
[w] Whenever any state, county or mu-
nicipal highway is to be disturbed the public authority having con-
trol thereof shall be duly notified, and [ provided further that said]
such highway shall be repaired and left by the [c] Commission in
the same, or a not inferior, condition to that existing before being
torn up, and [that] all cost incident thereto shall be borne by the
[c] Commission. [; and provided further that in] The Montgom-
ery County [,] governing body, as it may at any time be constituted
by law, is authorized to formulate and adopt reasonable regulations
with respect to the Commission's entry into or utilization of any of
its highways, streets, roads or alleys with respect to which a
permit is required as above stated, with such regulations being not
inconsistent with the provisions of this Section and formulated
after consultation with the Commission,
[the commission] The
Commission
shall notify the county in advance of the day, time, and
extent to which it proposes to cut into any street, road, alley, side-
walk or other public property [within said] of that county, and as
may be required by any regulation adopted hereunder, submit to the
county, prior to such construction, a copy of its proposed construc-
tion plan and apply thereby for, and obtain a permit from the
county, at no cost to the Commission, and the application for permit
shall be promptly processed and when issued shall constitute the
county's approval for the Commission's proposed construction as
specified in the permit,
except that when such cut shall be of
emergent necessity than [such] the notice and the permit informa-
tion
shall be given to the county as soon thereafter as practicable.
No regulation may prohibit the installation in a street, road, high-
way, or alley of a facility which is being constructed by the Commis-
sion to provide service to any portion of the other county in the
Sanitary District, but the requirements of a permit and the pro-
visions of reasonable regulations which are formulated and adopted
as herein provided may be made applicable to such installations.
Further, Montgomery County may include in its regulations, formu-
lated as above specified, provisions for its review and approval, at
no cost to the public utilities or the Commission prior to the issuance
by the Commission, of a permit under Sections 83-103 (71-53)