2013 Maryland Code
TRANSPORTATION
§ 5-705 - Obstruction lighting and marking

§5-705.

The Administration, political subdivision, or joint board may require the owner of any structure or other object that exceeds the height limitations permitted by the rules and regulations adopted under this subtitle to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of the obstruction.

§ 5-705 - 1. Authority of political subdivisions to cease nighttime operation of high intensity lighting systems on transmission towers

(a) "Governing body of a political subdivision" defined. -- In this section, "governing body of a political subdivision" means the Baltimore County Council or the County Commissioners of Carroll County.

(b) Orders to owners to cease nighttime operation. -- If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system.

(c) Hearings. -- A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body.

(d) Hearings -- Notice. -- A governing body that conducts a public hearing under this section shall:

(1) Provide reasonable advance notice of the time, place, and subject matter of the hearing;

(2) Provide a reasonable opportunity for all interested persons to present oral and written comments; and

(3) Notify the Administration at least 10 days before any hearing is held.

(e) Petitions. -- The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who:

(1) Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and

(2) Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property.

(f) Conversion of system. -- A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations.

(g) Conversion of system -- Payment of cost of conversion. -- The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section.