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2005 LAWS OF MARYLAND
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Ch. 131
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(1) ON STATE RIGHTS-OF-WAY LOCATED WITHIN A MUNICIPAL
CORPORATION, WITH THE CONCURRENCE OF THE MUNICIPAL CORPORATION; AND
(2) ON STATE RIGHTS-OF-WAY LOCATED WITHIN AN UNINCORPORATED
AREA, WITH THE CONCURRENCE OF THE COUNTY.
(F) (1) ON RECEIPT OF AN APPLICATION FOR A PERMIT TO ERECT A BUS
PASSENGER SHELTER, THE ADMINISTRATION MAY ISSUE A PERMIT UNDER § 8-646 OF
THIS TITLE AFTER DETERMINING THAT:
(I) THE LOCATION, DESIGN, AND CONSTRUCTION OF THE BUS
PASSENGER SHELTER DO NOT INTERFERE WITH VEHICULAR OR PEDESTRIAN
SAFETY; AND
(II) THE CONSTRUCTION OF THE BUS PASSENGER SHELTER,
INCLUDING ANY COMMERCIAL ADVERTISING SIGNS DISPLAYED ON THE BUS
PASSENGER SHELTER, CONFORMS WITH APPLICABLE STATE, LOCAL, AND FEDERAL
LAW.
(2) A PERMIT FOR A BUS PASSENGER SHELTER SHALL:
(I) INCLUDE A PROVISION REQUIRING CONTINUED COMPLIANCE
WITH THE REQUIREMENTS UNDER PARAGRAPH (1) OF THIS SUBSECTION;
(II) INCLUDE A PROVISION THAT THE STATE IS NOT RESPONSIBLE
TO ANY PARTY TO AN AGREEMENT UNDER THIS SECTION FOR ANY COSTS RESULTING
FROM ENFORCEMENT OF THE PERMIT; AND
(III) SERVE AS AN AGREEMENT WITH THE STATE AS MAY BE
REQUIRED UNDER APPLICABLE FEDERAL REGULATION.
(3) THE ADMINISTRATION MAY NOT UNREASONABLY WITHHOLD
APPROVAL OF A PERMIT UNDER THIS SUBSECTION TO A MUNICIPAL CORPORATION,
COUNTY, OR TRANSIT OPERATOR THAT HAS COMPLIED WITH THE PROVISIONS OF
THIS SECTION.
(G) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION, THE
ADMINISTRATION MAY ENTER INTO AGREEMENTS TO CONSTRUCT, OPERATE, AND
MAINTAIN BUS PASSENGER SHELTERS AT FIXED-ROUTE BUS STOPS USED BY THE
MARYLAND TRANSIT ADMINISTRATION.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) This Act does not apply to a bus passenger shelter constructed, operated, or
maintained under an agreement entered into by a municipal corporation, county, or
transit operator before the effective date of this Act.
(b) A bus passenger shelter constructed, operated, or maintained under an
agreement entered into by a municipal corporation, county, or transit operator before
the effective date of this Act is subject to the authority of the State Highway
Administration as the owner of the right-of-way.
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- 932 -
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