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MARVIN MANDEL, Governor 215
REGULATIONS TO GOVERN THE ERECTION AND MAINTENANCE OF
OBSTRUCTIONS TO AIR NAVIGATION.
(B) SCOPE.
THESE RULES AND REGULATIONS SHALL INCORPORATE THE
FEDERAL AVIATION ADMINISTRATION OBSTRUCTION STANDARDS
EXCEPT TO THE EXTENT THAT, AFTER PUBLIC HEARING, THE
ADMINISTRATOR FIN US ANY PART OF THE FEDERAL STANDARDS TO
BE DETRIMENTAL TO THE GENERAL PUBLIC SAFETY, THE SAFETY
OF PERSONS OPERATING, USING, OR TRAVELING IN AIRCRAFT, OR
THE SAFETY OF PERSONS AND PROPERTY ON LAND OR WATER.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §8-804(b).
In subsection (a) of this section, the phrase
"to govern the erection and Maintenance of
obstructions ..." is new language derived from
present §8-804(a)(2) - now §5-701(b) of this
subtitle — and added for clarity.
The only other changes are in style.
5-703. PROHIBITED ACTIVITIES.
EXCEPT AS PROVIDED IN §5-704 OF THIS SUBTITLE, A
PERSON MAY NOT BUILD ANY STRUCTURE, PERMIT ANY STRUCTURE
TO BE BUILT, OR PERMIT ANY OBJECT TO GROW TO A HEIGHT
THAT, IN VIOLATION OF ANY RULE OR REGULATION ADOPTED
UNDER THIS SUBTITLE, CONSTITUTES AN OBSTRUCTION TO AIR
NAVIGATION AT OR NEAR ANY LICENSED PUBLIC USE AIRPORT, AS
THAT TERM IS DEFINED IN §5-301 OF THIS TITLE.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §8-804(c).
A cross—reference to the definition of "public
use airport" in §5—301 of this title is added
for clarity.
The only other changes are in style.
5-704. VARIANCES.
(A) POWER OF POLITICAL SUBDIVISION TO GRANT.
A POLITICAL SUBDIVISION OR A JOINT BOARD ESTABLISHED
UNDER SUBTITLE 6 OF THIS TITLE MAY GRANT ANY VARIANCE TO
A RULE OR REGULATION. ADOPTED UNDER THIS SUBTITLE, IF THE
VARIANCE WILL NOT ENDANGER THE PUBLIC HEALTH, SAFETY, AND
WELFARE.
(B) APPLICATION.
UNLESS THE LEGISLATIVE BODY OF THE POLITICAL
SUBDIVISION OR THE JOINT BOARD PROVIDES OTHERWISE, ANY
PERSON WHO DESIRES A MAXIMUM HEIGHT VARIANCE MAY APPLY
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