2010 Maryland Code
TRANSPORTATION
TITLE 5 - AVIATION
Subtitle 8 - Noise Zone Regulations
Section 5-822 - Appeals; variances; judicial review; intervention.

§ 5-822. Appeals; variances; judicial review; intervention.
 

(a)  Appeals.- Appeals to the Board of Airport Zoning Appeals may be taken in the manner set forth in § 5-814 of this subtitle by any aggrieved person or by any officer or agency of a political subdivision affected by the decision of the Administration. 

(b)  Variances - In general.- The Board of Airport Zoning Appeals may grant variances for State-owned airports in the manner set forth in § 5-815 of this subtitle. 

(c)  Variances - Conditions.- 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 avigation easement as defined by § 5-1201(d) 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 Thurgood Marshall Airport. 

(d)  Regulations.- 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 meet the sound insulation goals set forth in § 5-815(a) of this subtitle. 

(e)  Judicial review.- Any aggrieved person or any officer or agency of an affected political subdivision may appeal from a decision of the Board of Airport Zoning Appeals in the manner set forth in § 5-816 of this subtitle. 

(f)  Intervention.- Upon timely application, an affected political subdivision may intervene in any appeal taken under this subtitle to the Board of Airport Zoning Appeals or to a court of competent jurisdiction. 
 

[An. Code 1957, art. 1A, § 7-703; 1977, ch. 13, § 2; 1981, ch. 545; 1989, ch. 509, §§ 2, 3; 2001, ch. 29, § 6; 2005, ch. 442, § 3; 2006, ch. 44, § 6; 2008, ch. 36, § 6.]