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

> Maryland · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_05

## Section

- **Citation:** COMAR 11.03.03.05
- **Heading:** COMAR 11.03.03.05. Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport
- **Jurisdiction:** Maryland
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maryland Regulations / Title 11 DEPARTMENT OF TRANSPORTATION / Subtitle 03 MARYLAND AVIATION ADMINISTRATION / Chapter 03 Airport Noise Control Program / COMAR 11.03.03.05

## Text

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 .

## Nearby sections

- [COMAR 11.03.03.01 COMAR 11.03.03.01. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_01.md)
- [COMAR 11.03.03.02 COMAR 11.03.03.02. Methods for Calculation and Measurement of Levels of Cumulative Noise Exposure](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_02.md)
- [COMAR 11.03.03.03 COMAR 11.03.03.03. Limits for Cumulative Noise Exposure](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_03.md)
- [COMAR 11.03.03.04 COMAR 11.03.03.04. Duties of an Airport Operator](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_04.md)
- [COMAR 11.03.03.05 COMAR 11.03.03.05. Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_05.md)
- [COMAR 11.03.03.06 COMAR 11.03.03.06. Severability](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_06.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_11_03_03_05. Check the current official text before relying on it. Not legal advice.