COMAR 11.03.03.05. Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport

A. Authority. Transportation Article, §5-821, Annotated Code of Maryland , authorizes the Executive Director, by regulation, to issue permits for new construction within the noise zone surrounding State-owned airports.

B. Permits.

(1) Except as provided in §B(3) of this regulation , a person wishing to establish or construct a new structure, or to make new uses of land or structures, or to replace existing structures, or to make substantial changes in a structure or use of land, or to make substantial repairs to a structure within the noise zone surrounding a State-owned airport, shall obtain a permit from the Executive Director before the undertaking may begin.

(2) Application for the permits shall be in a form required by the Executive Director, and shall include:

(a) A full description of the project use;

(b) A description of the project location, including Maryland grid coordinates.

(3) Notwithstanding §B(1) of this regulation , the Administration may not require a person to obtain a permit to construct an addition to a residential structure in a noise zone if the:

(a) Resultant improved structure retains the same number of family dwelling units; and

(b) Addition is not made eligible for participation in those State-funded noise assistance programs established by Transportation Article, Title 5, Subtitle 12, Annotated Code of Maryland .

(4) In accordance with Transportation Article, §5-821, Annotated Code of Maryland , the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.

(5) Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.

(6) For purposes of administration of this regulation the following terms are defined:

the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.

(5) Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.

(6) For purposes of administration of this regulation the following terms are defined:

(a) “Substantial change in a structure” means any change in a residential structure when the value of the work is greater than $5,000 or when change results in additional independent living units or increased habitable floor area, or a change in a nonresidential structure when the value of the work is greater than $5,000.

(b) “Substantial repairs” means repairs other than those needed to keep existing structures in sound condition.

(7) Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established pursuant to Transportation Article, §5-821, Annotated Code of Maryland .