HARRY HUGHES, Governor                                2237

(D) WHEN REVIEWING A REQUEST FOR A VARIANCE UNDER THE
AIRPORT NOISE ZONE REGULATIONS, THE BOARD SHALL CONSIDER AND
FORMALLY RESPOND TO ANY TESTIMONY OR EVIDENCE PRESENTED
REGARDING THE IMPACT OF THE PROPOSED VARIANCE UPON THE
SURROUNDING COMMUNITY.

5-821.

(a)  Unless a person has an appropriate permit issued
by the Administration, the person may not, in a noise zone
established under this part:

(1)  Establish or construct any new structure;

(2)  Make any new use of any existing structure
or land; or

(3)  Substantially alter any existing structure
or use of land.

(b)  The Administration may not grant a permit if the
proposed action would:

(1)   [enlarge] ENLARGE the size of or create an
impacted land use area; OR

(2)  VIOLATE LOCAL LAND USE AND ZONING LAWS.

5-822.

(a) Appeals to the Board of Airport Zoning Appeals may
be taken in the manner set forth in § 5-814 of this subtitle
by any aggrieved person or by any officer or agency of a
political subdivision affected by the decision of the
Administration.

(b)  The Board of Airport Zoning Appeals [may]
SHALL grant variances for State owned airports in the manner
set forth in § 5-815 of this subtitle.

(c)  Any aggrieved person or any officer or agency of
an affected political subdivision may appeal from a decision
of the Board of Airport Zoning Appeals in the manner set
forth in § 5-816 of this subtitle.

(D) UPON TIMELY APPLICATION, AN AFFECTED POLITICAL
SUBDIVISION MAY INTERVENE IN ANY APPEAL TAKEN UNDER THIS
SUBTITLE TO THE BOARD OF AIRPORT ZONING APPEALS OR TO A
COURT OF COMPETENT JURISDICTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.