HARRY HUGHES, Governor

1833

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 829 and the first and second sentences of §
832.

The former reference to "activities on private
real property", which modified the reference to
the legislative powers of counties and
municipalities, is deleted. The plain language
of former Article 43, § 832 did not purport to
limit the power of a political subdivision to
legislate with respect to noise emanating from
activity on public property. Furthermore, the
General Assembly clearly intends that, with
certain limited exceptions, this title should
apply to public, property. See the purpose
paragraph of Ch. 429, Acts of 1978, which states,
in part, that the purpose of that Act was to
provide "that noise standards apply to public
property with certain exceptions".

As to the power of a political subdivision to
adopt noise control ordinances, rules, and
regulations, see also Article 23B of the Code, §
22 of the Code and TR § 5-810 et seq.

SUBTITLE 2. ENVIRONMENTAL NOISE ADVISORY COUNCIL.

3-201. COUNCIL ESTABLISHED.

THERE IS AN ENVIRONMENTAL NOISE ADVISORY COUNCIL IN THE
DEPARTMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of the first sentence of former Article 43, §
825(a).

It is set forth as a separate section for
emphasis.

The second clause of the first sentence of former
Article 43, § 825(a), which referred to the name
of the Council before July 1, 1974, is deleted as
obsolete and unnecessary.

3-202. MEMBERSHIP.

(A) COMPOSITION; APPOINTMENT OF MEMBERS.

(1)  THE COUNCIL CONSISTS OF 5 MEMBERS APPOINTED
BY THE SECRETARY.

(2)  OF THE 5 COUNCIL MEMBERS: