# Subtitle 23 – Underground Conduit System for Cables, Wires, and Similar Facilities
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
## Part 1 – Definitions; General Provisions
### § 23-1 Definitions.
Balt., Md., Code art. 26, § 23-1 (2026)
(a) In this subtitle, the following terms have the meanings indicated.
(b) “Department” means the City Department of Transportation.
(c) “Director” means the Director of the Department of Transportation or the Director’s designee.
(d)
(1) “Facility” means any type of electrical, communication, or service cable, wire, or similar facility that may be strung over or buried directly under a street, alley, or other right-of-way.
(2) “Facility” does not include any catenary cable used to power a street railway.
(e)
(1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article.
(2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes, except as used for the imposition of a civil or criminal penalty, a governmental entity or an instrumentality or unit of a governmental entity.
*History: Ord. 19-263*
*History: Ord. 22-125*
### § 23-2
Balt., Md., Code art. 26, § 23-2 (2026)
Reserved
### § 23-3 Administration.
Balt., Md., Code art. 26, § 23-3 (2026)
The Department of Transportation is responsible for administering and enforcing this subtitle.
*History: Ord. 19-263*
### § 23-4 Rules and regulations.
Balt., Md., Code art. 26, § 23-4 (2026)
(a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation shall adopt rules and regulations to carry out this subtitle.
(b) These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle.
*History: Ord. 19-263*
*History: Text Conformed 02/23/21*
### § 23-5 Fees for conduit use.
Balt., Md., Code art. 26, § 23-5 (2026)
(a) The Board of Estimates may set and, from time to time, modify the annual charges imposed for the use of the conduit system.
(b) These charges shall be billed and paid as the Board of Estimates directs.
*History: Ord. 19-263*
### §§ 23-6 to 23-10
Balt., Md., Code art. 26, § 23-6 to 23-10 (2026)
Reserved
## Part 2 – Location and Maintenance of Conduit System
### § 23-11 Location of system.
Balt., Md., Code art. 26, § 23-11 (2026)
A system of conduits for the reception of electrical, communication, and service cables, wires, or similar facilities shall be constructed within the territory or districts determined by the Director pursuant to Chapter 200, Laws of Maryland 1892.
*History: Ord. 19-263*
### § 23-12 DoT to maintain system.
Balt., Md., Code art. 26, § 23-12 (2026)
The Director is responsible for maintaining this conduit system.
*History: Ord. 19-263*
### § 23-13 Plans and specifications; Work superintendence.
Balt., Md., Code art. 26, § 23-13 (2026)
The Director shall:
(1) cause to be prepared the plans and specifications for the work required to construct, maintain, and repair the conduit system; and
(2) superintend that work.
*History: Ord. 19-263*
### § 23-14 Labor and materials.
Balt., Md., Code art. 26, § 23-14 (2026)
The Director may employ the labor and purchase the materials necessary to enable the Department to perform the work, or so much of the work that it considers to be in the best interest of the City for the Department to perform.
*History: Ord. 19-263*
### § 23-15
Balt., Md., Code art. 26, § 23-15 (2026)
Reserved
## Part 3 – Use of Conduit System
### § 23-16 Required permit and authorizations.
Balt., Md., Code art. 26, § 23-16 (2026)
(a) Use of the conduit system for facility installations is available only to persons to whom the Department has issued one or more permits that expressly authorize those facility installations.
(b) In addition to permits, the Department may require the person responsible for the installation to obtain other authorizations, including lease agreements, prior to any installation.
(c) No person may install facilities in the conduit system without the permit and other authorizations required under this section.
(d)
(1) The procedures in paragraph (2) of this subsection for the removal of an unauthorized installation are in addition to any other civil or criminal enforcement action or penalty authorized by Part 4 {“Civil and Criminal Penalties”} of this subtitle or otherwise authorized by law.
(2) If an installation is determined to have been installed without the required permit or other authorizations:
(i) the Department shall notify the person responsible for the installation and order its removal;
(ii) the person responsible for the installation shall remove the installation within 30 days of the notice; and
(iii) if the installation is not removed within the required period:
(i) the Department may remove the installation; and
(ii) the person responsible for the installation is liable to the Department for all expenses of the removal and of any consequent repairs needed to be made to the conduit.
*History: Ord. 19-263*
### § 23-17 Voluntary relocation of facilities.
Balt., Md., Code art. 26, § 23-17 (2026)
(a) When the conduit system or any of its parts have been completed and made ready for occupancy and the rates of rental have been set pursuant to this subtitle, the Director shall lease space in the conduit system to any person that complies with the conditions prescribed by this subtitle and with any further conditions that the Director specifies.
(b) A person authorized to install facilities under this subtitle must install the facilities within 6 months from the date the installation is authorized.
*History: Ord. 19-263*
### § 23-18 Mandatory relocation of facilities.
Balt., Md., Code art. 26, § 23-18 (2026)
(a) The Director may:
(1) order facilities to be removed from above the streets and placed underground in the conduit system in accordance with Chapter 200, Laws of Maryland 1892;
(2) order facilities to be moved from one underground conduit location to another; and
(3) use methods that, in the judgment of the Director, are necessary to protect and promote the health, safety, and general welfare of the City.
(b) The person responsible for the facilities shall comply with a relocation order issued under this section within 150 days of the order.
(c) If the facilities are not relocated within 6 months of the order:
(1) the Department may relocate the facilities and remove any poles remaining above the streets; and
(2) the person responsible for the facilities is liable to the Department for all expenses of the relocation and of the removal of poles remaining above the streets.
*History: Ord. 19-263*
### § 23-19 Tampering with conduit.
Balt., Md., Code art. 26, § 23-19 (2026)
No person may tamper with, open, or in any way interfere with any of the manholes or facilities in the conduit system without first having obtained:
(1) a permit from the Department; and
(2) all other authorizations required by the Department.
*History: Ord. 19-263*
### § 23-20
Balt., Md., Code art. 26, § 23-20 (2026)
Reserved
### § 23-21 Survey of and reports by conduit users.
Balt., Md., Code art. 26, § 23-21 (2026)
(a) The Department shall survey or otherwise identify and retain records of:
(1) each person whose facilities have been installed in the conduit system;
(2) the nature of the facilities installed by that person; and
(3) the total linear footage of conduit occupied by those facilities.
(b)
(1) No later than June 30 of each year, each person whose facilities have been installed in the conduit system shall report annually to the Department, in the format that the Department requires.
(2) The report required by this subsection shall consist of:
(i) one or more maps showing the location of all facilities installed in the conduit system by or on behalf of the person;
(ii) the total linear footage of conduit occupied by those facilities; and
(iii) any other information that the Department deems necessary to include in the report.
(c) No person that files a report under this section may intentionally misrepresent:
(1) the nature or location of the person’s facilities that have been installed in the conduit system;
(2) the total linear feet of conduit occupied by those facilities; or
(3) any other information provided in the report.
*History: Ord. 19-263*
### §§ 23-22 to 23-25
Balt., Md., Code art. 26, § 23-22 to 23-25 (2026)
Reserved
## Part 4 – Civil and Criminal Penalties
### § 23-26 Enforcement by citation.
Balt., Md., Code art. 26, § 23-26 (2026)
(a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}.
(b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
(c) Each day that a violation continues is a separate offense.
*History: Ord. 19-263*
### § 23-27 Criminal penalties.
Balt., Md., Code art. 26, § 23-27 (2026)
(a) Any person who violates a provision of this subtitle, a rule or regulation adopted under this subtitle, a condition imposed on a permit issued under this subtitle, or a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more that $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense.
(b) Each day that a violation continues is a separate offense.
*History: Ord. 19-263*