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Ch. 13
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164
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LAMS OF MARYLAND
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FOR THE PURPOSES FOR WHICH THE APPROVAL WAS GRANTED; OR
(4) THE INTENDED OPERATOR OF THE PROPOSED
AIRPORT HAS FAILED TO COMPLY WITH THE REQUIREMENTS OF
THIS TITLE ON ENVIRONMENTAL NOISE CONTROL.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §6-604(a).
Although present §6—604 (a) appears to require
persons to obtain site approval, this section
has been revised and clarified to permit, but
not mandate, the procedure. This conforms
with the current practice of the
Administration and the apparent intent of and
philosophy behind the section: i.e., to aid
intended airport operators by providing a
mechanism by which sites for proposed airports
can be prereviewed and approved or rejected in
advance of substantial capital expenditures.
That the mechanism is permissive does not
adversely affect the public interest since, in
any event, an airport may not be licensed and
operated unless it first meets prerequisites
substantively similar to those set forth in
this section; compare, e.g., the criteria
listed in subsection (c) of this section with
those of §5-304(c) of this subtitle relating
to licensing.
When the source law to this section was first
enacted by Ch. 422, Acts of 1949, there were
no provisions for the registration of private
use airports - or, as presently referred to,
private use "landing areas". Consequently,
this section literally applied only to sites
for commercial use and public use airports
and, in present §6-604, referred only to an
approval that remains in effect until a
"license" for an airport has been issued.
However, Ch. 363, Acts of 1974, amended
present Art. 1A to provide in what is now
§5—306 of this subtitle for the registration
of private use airports. In light of the
philosophy above noted, the Commission has
revised the subtitle so that this section
would apply also to these other airports;
thus, for example, subsection (d) of this
section expressly refers to the "registration"
for an airport.
In subsection (c) (2) of this section, the
present phrase "if constructed or established"
is deleted as unnecessary.
Subsection (e)(4) of this section is new
language added to reflect the prerequisite set
forth in subsection (c)(4) of this section,
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