Ch. 457                                    1994 LAWS OF MARYLAND

(g) "Substantially alter" includes reconstruct, rebuild, replace, or substantially
change or repair.

5-804.

(a)     With the endorsement of the Secretary of Transportation and the Secretary of
the Environment and after a public hearing following 60 days notice, the [Administrator]
EXECUTIVE DIRECTOR shall adopt regulations that establish limits for cumulative noise
exposure for residential and other land uses on the basis of the noise sensitivity of a given
land use.

(b)     In adopting limits under this section, the [Administrator] EXECUTIVE
DIRECTOR shall:

(1)     Consider:

(i) The general health and welfare;

(ii) The rights of property owners;                                   

(iii) Accepted scientific and professional standards; and

(iv) The recommendations of the Federal Aviation Administration and
Environmental Protection Agency; and

(2)     Set the limits at the most restrictive level that, through the application of
the best available technology at a reasonable cost and without impairing the safety of
flight, is consistent with attaining the environmental noise standards adopted by the
Department of Health and Mental Hygiene.

5-805.

(a)     (1) Each airport operator, including each person intending to operate a
proposed airport, shall assess the noise environment created by the operation and
projected future use of the airport.

(2)' The assessment method shall follow the procedures that the
[Administrator] EXECUTIVE DIRECTOR establishes for calculating or measuring
cumulative noise exposure.

(3)     The assessment shall delineate any noise zone and identify; any impacted
land use area.

(b)     (1) If an impacted land use area exists within a noise zone, the airport
operator shall develop a noise abatement plan to reduce the size of or eliminate the
impacted land use area by altering the coverage of the noise zone through the application
of the best available technology, at a reasonable cost and without impairing safety of
flight.

(2) The plan may include:

(i) A development of runway and flight path use to reduce adverse
noise impact;

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