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1411
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HARRY HUGHES, Governor
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(3) Bear all costs for returning the public roadway
to the condition required by paragraph (2) of this subsection.
10-102.
(a) In Montgomery [County] AND PRINCE GEORGE'S COUNTIES,
the County Executive and County Council may adopt reasonable
regulations FOR THEIR RESPECTIVE COUNTY concerning the WSSC's
entry into or use of any public roadway [in Montgomery County]
for which a permit is required.
(b) The rules and regulations adopted by the County
Executive and County Council of [Montgomery County] EITHER
COUNTY under this section:
(1) May not be inconsistent with the provisions of
this title;
(2) Shall be adopted after consultation with the
WSSC;
(3) Subject to reasonable provisions for control by
[Montgomery County] THE COUNTY of the construction, disturbing,
or repair of the public roadways:
(i) May not be administered so as to constitute
a taking of any franchise right that a public service corporation
or a utility company has in a public roadway; and
(ii) May not divest the WSSC of its right to
use public roadways for the installation of WSSC facilities;
(4) May not prohibit the installation in a public
roadway of a facility being constructed by the WSSC to provide
service to the sanitary district in [Prince George's County] THE
OTHER COUNTY, subject to the provisions of this title; and
(5) May include provisions for the review and
approval of permits required to be issued by the WSSC under §§
10-103 and 10-104 of this title for the construction or location
of pipes, conduits, tracks, lines, poles, or facilities of a
public utility in the public roadways of [Montgomery County] THE
COUNTY.
(c) (1) The review and approval procedures authorized by
subsection (b)(5) of this section;
(i) May require review and approval by
[Montgomery County] THE COUNTY before the permit is issued by the
WSSC; and
(ii) May not result in any cost to the WSSC or
to the public utility; and
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