3130                                   LAWS OF MARYLAND                                 Ch. 805

regulations; provided, that no regulation, permit or
approval requirement established pursuant to authority
conferred on Montgomery County hereby shall be administered
so as to constitute a taking, in the constitutional sense,
of any such franchise rights as public service corporations
and utility companies may have in the public highways,
streets, roads, ways or alleys, nor divest the commission of
its right to use the public highways, streets, roads, ways
or alleys for the installation of its facilities, all those
rights being subject only to reasonable provisions for
control by that county governing body of the construction,
disturbing or repair of its public highways, streets, roads,
ways and alleys. Whenever any state, county or municipal
highway is to be disturbed the public authority having
control thereof shall be duly notified, and such highway
shall be repaired and left by the commission in the same, or
a not inferior, condition to that existing before being torn
up, and all cost incident thereto shall be borne by the
commission. The Montgomery County governing body, as it may
at any time be constituted by law, is authorized to
formulate and adopt reasonable regulations with respect to
the commission's entry into or utilization of any of its
highways, streets, roads or alleys with respect to which a
permit is required as above stated, with such regulations
being not inconsistent with the provisions of this section
and formulated after consultation with the commission. The
commission shall notify the county in advance of the day,
time, and extent to which it proposes to cut into any
street, road, alley, sidewalk or other public property of
that county, and as may be required by any regulation
adopted hereunder, submit to the county, prior to such
construction, a copy of its proposed construction plan and
apply thereby for, and obtain a permit from the county, at
no cost to the commission, and the application for permit
shall be promptly processed and when issued shall constitute
the county's approval for the commission's proposed
construction as specified in the permit, except that when
such cut shall be of emergent necessity then the notice and
the permit information shall be given to the county as soon
thereafter as practicable. No regulation may prohibit the
installation in a street, road, highway, or alley of a
facility which is being constructed by the commission to
provide service to any portion of the other county in the
sanitary district, but the requirements of a permit and the
provisions of reasonable regulations which are formulated
and adopted as herein provided may be made applicable to
such installations. Further, Montgomery County may include
in its regulations, formulated as above specified,
provisions for its review and approval, at no cost to the
public utilities or the commission prior to the issuance by
the commission, of a permit under sections [83-103 (71-53)
and 83-107 (71-57)] 10-2 AND 10-3 of this [subtitle] ARTICLE
for the construction or location of pipes, conduits, tracks,
lines, poles or facilities of any public utility in those
streets, roads, highways or alleys of Montgomery County with
respect to which the commission is to obtain a permit for
its facilities under the aforegoing provisions of this