1076

LAWS OF MARYLAND

Ch. 409

3-303.

(A)    Flight in aircraft over the lands and waters
of this State is lawful, unless at such a low altitude as
to interfere with the existing use to which the land or
water, or the space over the land or water is put by the
owner, or unless so conducted as to be imminently
dangerous to persons or property lawfully on the land or
water beneath. The landing of an aircraft on the lands
or waters of another, without his consent, is unlawful,
except in the case of a forced landing. For damages
caused by a forced landing, however, the owner or lessee
of the aircraft of the airman shall be liable, as
provided in § 3—304.

(B)    THERE EXISTS A PUBLIC RIGHT TO FREEDOM OF
TRANSIT IN AIR COMMERCE THROUGH THE AIRSPACE OVER THE
STATE.

5-508.

(b) [No] THE ADMINISTRATION MAY NOT ADOPT ANY
rule, regulations, orders or standards [prescribed by the
Administration shall be] THAT ARE inconsistent with[,] or
contrary to[,] any act of the Congress of the United
States or any regulations promulgated [or standards
established] pursuant [thereto] TO THE ACT. [These
regulations should not, however, be more severe, nor
should they duplicate the federal requirements, where
federal regulations now exist.]

SECTION 2. AND BE IT FURTHER ENACTED, That new
Sections 8—804 and 8—805 be and they are hereby added to
Article 1A - Aviation, of the Annotated Code of Maryland
(1968 Replacement Volume and 1975 Supplement) to read as
follows:

Article 1A — Aviation

8-804.

(A)    (1) ANY OBSTRUCTION TO AIR NAVIGATION
INTERFERES WITH THE PUBLIC RIGHT OF FREEDOM OF TRANSIT IN
AIR COMMERCE, ENDANGERS THE LIVES AND PROPERTY OF THOSE
USING THE AIRSPACE FOR TRANSPORTATION, AND ENDANGERS THE
LIVES AND PROPERTY OF THE OCCUPANTS OF LAND IN THE STATE.

(2) THE PUBLIC HEALTH, SAFETY, AND WELFARE
REQUIRE REGULATION OF ERECTION AND MAINTENANCE OF
OBSTRUCTIONS TO AIR NAVIGATION.

(B)    THE ADMINISTRATOR SHALL ADOPT RULES AND
REGULATIONS THAT INCORPORATE THE FEDERAL AVIATION
ADMINISTRATION OBSTRUCTION STANDARDS EXCEPT TO THE EXTENT
THAT, AFTER PUBLIC HEARING, HE FINDS ANY PART OF THE
STANDARDS TO BE DETRIMENTAL TO THE GENERAL PUBLIC SAFETY,
THE SAFETY OF PERSONS OPERATING, USING, OR TRAVELING IN