Ch. 509

LAWS OF MARYLAND

(2) THE ADDITION IS NOT MADE ELIGIBLE FOR
PARTICIPATION IN ANY STATE FUNDED NOISE ASSISTANCE PROGRAM
ESTABLISHED UNDER SUBTITLE 12 OF THIS TITLE.

[(b)] (C) The Administration may not grant a permit if the
proposed action would:

(1)  Enlarge the size of or create an impacted land
use area; or

(2)  Violate local land use and zoning laws.

(D) UNLESS A PERSON HAS AN APPROPRIATE PERMIT ISSUED BY THE
ADMINISTRATION OR A VARIANCE GRANTED BY THE BOARD OF AIRPORT
ZONING APPEALS, A POLITICAL SUBDIVISION MAY NOT APPROVE A FINAL
SUBDIVISION PLAN OR ISSUE ANY PERMIT THAT IS PREREQUISITE TO THE
CONSTRUCTION OF IMPROVEMENTS IN A NOISE ZONE ESTABLISHED UNDER
THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s)
5-822(c) and (d), respectively, of Article - Transportation of
the Annotated Code of Maryland be renumbered to be Section(s)
5-822(e) and (f), respectively.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article - Transportation

5-822.

(C)  THE BOARD OF AIRPORT ZONING APPEALS SHALL CONDITION ANY
VARIANCE PREREQUISITE TO THE GRANT OF A PERMIT REQUIRED BY §
5-821 OF THIS SUBTITLE SO AS TO REQUIRE THE APPLICANT TO:

(1)  CONSTRUCT THE PROPOSED STRUCTURE SO AS TO COMPLY
WITH ALL APPLICABLE NOISE INSULATION REGULATIONS PROMULGATED BY
THE ADMINISTRATION; AND

(2)  GRANT TO THE ADMINISTRATION AN AVIATION-AVIGATION
EASEMENT AS DEFINED BY § 5-1201(H) OF THIS TITLE, SUCH EASEMENT
INCLUDING A PROVISION RELINQUISHING ANY RIGHT TO RECEIVE
REMUNERATION OR OTHER COMPENSATION OR BENEFIT UNDER ANY PROGRAM
OF THIS STATE DESIGNED TO ALLAY, ABATE, OR COMPENSATE FOR THE
EFFECTS OF AIRCRAFT NOISE AND EMISSIONS IN CONNECTION WITH THE
OPERATION OF BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT.

(D)  AFTER CONSULTATION WITH THE BOARD OF AIRPORT ZONING
APPEALS AND AFFECTED LOCAL GOVERNMENTS, THE ADMINISTRATION SHALL
ADOPT REGULATIONS TO FURTHER THE INTENT OF THIS SECTION AND TO

- 3192 -