2592

LAWS OF MARYLAND

[Ch. 538

Annotated Code of Maryland

(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 208E of Article 41 -
Governor—Executive and Administrative Departments, of the
Annotated Code of Maryland (1971 Replacement Volume and
1974 Supplement) be and it is hereby repealed and
re—enacted, with amendments, to read as follows:

Article 41 — Governor—Executive and Administrative

Departments

208E.

Notwithstanding any provision of any public or local
law to the contrary, no railroad may construct,
reconstruct, improve, widen, relocate or otherwise alter
a crossing at grade over a State, county or municipal
road, other than in Baltimore City, or over a private
road, and no railroad may change the crossing protection
equipment at such a crossing, unless application is made
to, and approval given to the proposed crossing,
modification of crossing, or change of crossing
protection equipment by the Secretary of Transportation.
This requirement shall not apply to track spurs or
sidings to industries.

No public or private road may be constructed,
reconstructed, improved, widened, relocated or otherwise
altered at grade over a railroad, nor may the crossing
protection equipment at such a crossing be changed,
unless application is made to, and approval given to the
proposed crossing, modification of crossing or change of
crossing protection equipment by the Secretary of
Transportation.

Upon application for approval, [a hearing shall be
held] THE SECRETARY MAY, AT HIS DISCRETION, [[REQUIRE THE
APPLICANT TO]] OR UPON REQUEST SHALL HOLD A HEARING on
the proposed crossing, modification of crossing or change
of crossing protection equipment, following notice to all
parties in interest, including adjacent property owners.
IF THE PROPOSED CHANGE WOULD DIMINISH OR DISCONTINUE A
CROSSING PROTECTION, THE SECRETARY SHALL HOLD A HEARING.
The Secretary, with the technical advice of the State
Highway Administration as deemed necessary by him, may
approve or disapprove the proposal and he may impose upon
the party initiating the crossing project, under uniform
standards and regulations, conditions necessary to insure
public safety at the crossing, including but not limited
to, requirements for the installation of, payment for and