2013 Maryland Code
TRANSPORTATION
§ 5-606 - Considerations and limitations


MD Transp Code § 5-606 (2013) What's This?

§5-606.

(a) Regulations adopted under this subtitle shall divide the area surrounding the airport to which they apply into districts of the number, shape, and size that the political subdivision considers best suited for the purposes of this subtitle. Within each district, the political subdivision may regulate and restrict the height of structures and trees or other vegetation and the purposes for which land may be used.

(b) All regulations shall be uniform throughout the district to which they apply. However, regulations in one district may differ from those for other districts.

(c) As to each airport, in the establishment of districts or in the adoption or amendment of its airport zoning regulations, the political subdivision shall consider, among other things, to the extent that they affect and in order to promote the public health, safety, order, or security, the following:

(1) The character of the flying operations conducted or expected to be conducted at the airport;

(2) The surrounding terrain;

(3) The height of existing structures and trees or other vegetation in the vicinity;

(4) The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity;

(5) As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics;

(6) The risks associated with aerial traffic at the airport;

(7) The type, size, weight, and load capacity of aircraft that use or might use the airport;

(8) The weather conditions generally prevailing in the vicinity;

(9) The size and layout of the landing area of the airport; and

(10) The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation.

(d) An airport zoning regulation adopted under this subtitle may not:

(1) Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or

(2) Otherwise interfere with the continuance of any nonconforming use.

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