# Public Utilities (GPU)

## Title 27. Highways and Streets

### Subtitle 1

#### Section 27-101

(a) The Commission may:

  (1) enter on a public roadway to install, maintain, and operate the Commission system; and

  (2) construct a water main, sewer, or an appurtenance of a water main or sewer in a public roadway in Montgomery County and Prince George's County, subject to the regulation and permit provisions of Sec.Sec. 27-102 and 27-108 of this title.

(b) When the Commission disturbs a public roadway, the Commission shall:

  (1) notify the State, county, or municipality that has authority over the public roadway of the Commission's plans;

  (2) repair and leave the public roadway in the same or a superior condition to that existing before the public roadway was disturbed; and

  (3) pay all costs for returning the public roadway to the same or superior condition.

(c) In addition to the authority over the construction and location of underground construction in the sanitary district, the Commission may regulate the construction of an overhead line, pole, or other public utility along a public roadway in the sanitary district.

#### Section 27-102

(a) In Montgomery County and Prince George's County, the county executive and county council may adopt regulations concerning the Commission's entry into or use of a public roadway for which a permit is required.

(b) The regulations adopted under this section:

  (1) shall be adopted after consultation with the Commission;

  (2) may include provisions for the review and approval of the required permits to be issued by the Commission under Sec. 27-108 of this title for the construction or location of pipes, conduits, tracks, lines, poles, or facilities of a public utility in the public roadways of the county;

  (3) subject to reasonable provisions for control by the county of the construction, disturbing, or repair of the public roadway, may not:

    (i) be administered so as to constitute a taking of a franchise right that a public service company or a utility company has in a public roadway; and

    (ii) divest the Commission of its right to use a public roadway for the installation of a Commission facility;

  (4) subject to this title, may not prohibit the installation in a public roadway of a facility being constructed by the Commission to provide service to the sanitary district in the other county; and

  (5) may not be inconsistent with this title.

(c)

  (1) The review and approval procedures authorized by subsection (b)(2) of this section:

    (i) may require review and approval by the county before the Commission issues the permit; and

    (ii) may not result in any cost to the Commission or to the public utility.

  (2) A permit issued by the Commission under Sec. 27-108 of this title is not effective unless the appropriate county approves the permit.

(d)

  (1) The Commission:

    (i) shall give a county advance notice of the date, time, and extent to which the Commission plans to cut into a public roadway, sidewalk, or other public property of the county; and

    (ii) if required by a regulation adopted under this section, shall:

      (1) submit a copy of proposed construction plans to the county before construction begins; and

      (2) apply for and obtain a permit from the county at no cost to the Commission.

  (2) The county shall promptly process the Commission's permit application.

  (3) The issuance of a permit under this section constitutes approval of the Commission's proposed construction as specified in the permit.

  (4) If the construction under this section is an emergency, the Commission shall notify the appropriate county as soon as practicable after the cut.

(e) On prior notice, the county may:

  (1) make all necessary final repairs to restore property to a condition satisfactory to the county; and

  (2) charge all costs for the final repairs to the Commission or to the public utility that made the entry on the property.

#### Section 27-103

(a) Sections 27-101 and 27-102 of this title do not limit the Commission's authority to enter into contracts or agreements with a unit of federal, State, county, or municipal government or with the District of Columbia concerning the matters described in Sec.Sec. 27-101 and 27-102 of this title, if the agreement or contract is necessary, advisable, or expedient in connection with the construction, maintenance, and operation of the Commission's water and sewer systems.

(b) Sections 27-101 and 27-102 of this title do not impair the rights of the State Highway Administration concerning Commission or utility use of a State highway, including a road that is constructed in whole or in part with federal funds.

#### Section 27-104

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Homeowner corporation" means a homeowner association with 5,000 or more members that has:

    (i) filed a written request with the Commission to receive the information required by this section; and

    (ii) provided the Commission with a map of the homeowner corporation's geographic boundaries.

  (3) "System repair" means work to install, maintain, or operate the Commission system that involves cutting into a public roadway, sidewalk, or other improvement on public property of a county or municipality located in the sanitary district.

(b)

  (1) On or before September 1 of each year, the Commission shall submit to each county, municipality, and homeowner corporation located in the sanitary district a plan of system repairs scheduled for the next 3 years.

  (2) The Commission shall submit the plan of scheduled system repairs to the person designated by the county, municipality, or homeowner corporation.

(c) For each scheduled system repair, the plan shall include:

  (1) the anticipated system repair date and time;

  (2) the system repair location; and

  (3) an analysis of the impact that the system repair will have on the affected counties, municipalities, and homeowner corporations.

(d) Before submitting the plan of system repairs, the Commission shall consult with the affected counties, municipalities, and homeowner corporations located in the sanitary district.

#### Section 27-105

(a)

  (1) If a county requires the relocation or removal of a Commission facility, the county shall give notice to the Commission of the requirement within a reasonable time.

  (2) On receiving notice, the Commission shall provide the county with an estimate of the cost of removing or relocating the facility.

  (3) On completion of the removal or relocation of the facility, the Commission shall provide the county with an itemized statement of the actual cost of removal or relocation.

(b)

  (1) For the relocation or removal of a facility for which the Commission is required to pay because of any road construction or improvement required by either Montgomery County or Prince George's County, the governing body of the county in which the construction or improvement is made shall pay one-half of the actual cost of the construction or improvement in that county.

  (2)

    (i) Unless the county disputes a charge in the itemized statement of actual costs, the county shall pay the costs within 6 months after receipt of the statement.

    (ii) If the itemized statement as submitted or finally agreed on is not paid within 6 months after submission or agreement, the itemized statement shall bear 6% interest until paid.

(c)

  (1) If there is a dispute over a charge in the itemized statement of actual costs, within 3 months after receipt of the statement, the dispute shall be referred to an arbitrator selected by the Commission and the county.

  (2) If the Commission and the county do not agree on an arbitrator, the Commission and the county shall each appoint an arbitrator, who jointly shall appoint a third arbitrator.

  (3) If a dispute goes to arbitration, the itemized statement as finally determined shall bear 6% interest after 6 months from the date of the finding by the arbitrator or arbitrators until the statement is paid.

#### Section 27-106

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Construction contractor" means a person that performs or is hired to perform road construction work.

  (3) "Road construction work" means the construction, repair, paving, repaving, or grading of a public roadway.

(b) Before beginning road construction work on a public roadway in the sanitary district in which a water, sewer, or stormwater management structure is installed, a construction contractor shall give notice to the Commission and the county of the proposed construction work.

(c) The notice:

  (1) shall include the proposed construction schedule and information about the location of construction to accomplish the purposes of this section;

  (2) except in emergency road repair situations, shall be given to the Commission and the county at least 7 days before road construction work begins; and

  (3) in an emergency road repair situation, shall be given to the Commission and the county as promptly as feasible under the emergency situation.

(d) Unless allowed by the Commission or the county, as appropriate, a person may not disturb, remove, pave over, or repave over a manhole, valve, fitting, or other Commission water or sewer structure or county stormwater management structure.

#### Section 27-107

(a)

  (1) Before a person begins underground construction in a public roadway in the sanitary district, the person shall file with the Commission a construction plan that shows the location and depth of the proposed main, conduit, or pipe in the public roadway.

  (2) Construction may not begin before the Commission approves the plan.

  (3) Unless the Commission approves the change, a change may not be made in the physical location of the main, conduit, or pipe shown on the plan.

(b)

  (1) The Commission may remove or change the location of a conduit, main, or pipe that interferes with the operation of the Commission's water and sewer systems if:

    (i) the conduit, main, or pipe is constructed without the Commission's approval; or

    (ii) the physical location of the conduit, main, or pipe is changed from that shown on the plan approved by the Commission.

  (2) The person that constructed the interfering conduit, main, or pipe, or the person's successor, shall pay the expenses of the removal or change in location.

  (3) The Commission is not liable for damage to the interfering conduit, main, or pipe because of construction or maintenance of the Commission's water and sewer systems.

(c)

  (1) If a person has a building, conduit, pipe, track, or other physical obstruction on a public roadway in Montgomery County or Prince George's County that blocks or impedes the Commission's water or sewer system, on reasonable notice from the Commission, the person shall promptly adjust, accommodate, or remove the obstruction at the person's expense and in a manner that fully meets the Commission's needs.

  (2) The Commission may condemn an easement in a franchise or right in accordance with Title 21, Subtitle 1 of this article.

(d) The Commission may charge a reasonable fee for any permit that the Commission is required to obtain and for engineering services that the Commission is required to perform under this section.

#### Section 27-108

(a) A person may not erect a pole or other structure in the sanitary district for the purpose of carrying wires overhead without first obtaining a permit from the Commission.

(b) The Commission may:

  (1) require that plans for the location or construction of the pole or structure be filed with the Commission; and

  (2) charge a reasonable fee for the permit.

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Md. Code Ann., Pub. Util. (as displayed at mgaleg.maryland.gov, October 16, 2026)