HARRY HUGHES, Governor

4113

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 10-2 and 10-3 of
this 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 section, and a permit or commission
approval subject to these provisions shall not be finally
effective unless the county's approval is given. The county
is hereby authorized at its discretion to make all necessary
final repairs to restore property to a condition
satisfactory to the county and charge all cost incident
thereto to the commission or to the public utility which
made the entry.]