Ch. 678                            1997 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

8-646.

(a)     Except as permitted by this section or in accordance with a permit obtained
from the Administration, a person may not:

(1)     Make an opening in any State highway;

(2)     Place any structure on any State highway;

(3)     Change or renew any structure placed on any State highway;

(4)     Dig up any State highway for any purpose, including the placement of
pipes, sewers, poles, wires, or rails;

(5)     Plant or remove any tree on any State highway; or

(6)     Place any obstruction OR IMPROVEMENT on any State highway.

(b)     (1) The Administration may issue a permit for work otherwise prohibited by
subsection (a) of this section.

(2)     Work done under the permit shall be performed to the satisfaction of

the Administration and under its supervision.

(3)     The person to whom the permit is issued or by whom the work is done
shall pay the cost of replacing the highway in as good a condition as before the work was

done.

(4)     (I) THE ADMINISTRATION SHALL REQUIRE A NONGOVERNMENT
APPLICANT FOR A PERMIT ISSUED UNDER THIS SUBSECTION WHO IS A DEVELOPER
TO SUBMIT A PERFORMANCE BOND, LETTER OF CREDIT, OR OTHER SURETY
ACCEPTABLE TO THE ADMINISTRATION.

(II) THE ADMINISTRATION SHALL REQUIRE A NONGOVERNMENT
APPLICANT FOR A PERMIT ISSUED UNDER THIS SUBSECTION WHO IS A PRIMARY
CONTRACTOR TO SUBMIT A PAYMENT BOND, LETTER OF CREDIT, OR OTHER
SURETY ACCEPTABLE TO THE ADMINISTRATION IF:

1.       THE AMOUNT OF THE IMPROVEMENT IS ESTIMATED TO
EXCEED $100,000;

2.       THE PROJECT IS FINANCED, IN WHOLE OR IN PART, BY
PRIVATE FUNDS; AND

3.       THE ENTIRE IMPROVEMENT IS LOCATED OUTSIDE THE
APPLICANTS PROPERTY.

(c)     The Administration may apply to the circuit court in the subdivision in which
the violation occurred or is threatened for appropriate injunctive relief.

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