# Transportation (GTR) ## Title 5. Aviation ### Subtitle 12. Airport Noise Assistance Programs #### Section 5-1201 (a) In this subtitle the following words have the meanings indicated. (b) "Airport" means Baltimore-Washington International Thurgood Marshall Airport. (c) "Annual day-night (average) sound level" means the annual average aircraft noise level occurring during a 24-hour period, the calculation of which includes the addition of a 10 decibel penalty to noises occurring between 10 p.m. and 7 a.m. daily. (d) "Avigation easement" means a written privilege granted by a homeowner related to aircraft overflight, noise, and associated effects which may arise in the ordinary operation of the airport. (e) "Board" means the Board of Airport Zoning Appeals established under Subtitle 5 of this title. (f) "Cumulative noise exposure" means a calculated or measured value for the exposure to aircraft noise in a 24-hour period, using the annual day-night (average) sound level (LDN) methodology. (g) "Homeowner" means an owner of residentially used real property situated within the airport noise zone. (h) "Noise zone" means an area of land surrounding the airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director, under Subtitle 8 of this title. (i) "School" means a public or privately operated elementary, secondary, postsecondary, or noncollegiate institution, with facilities in use on or before April 1, 1987, which is: (1) Located within the airport noise zone; and (2) Certified or accredited by the State Board of Education. #### Section 5-1202 (a) The General Assembly finds, based on State and federal standards associating various cumulative noise exposure levels with compatible land uses, that there are approximately 1,200 housing units and at least one public and one private school within the current airport noise zone that are exposed to noise levels deemed either undesirable or unacceptable for residential or educational use. (b) The General Assembly further finds that, in the interest of public health, safety, and welfare, the Administration should be authorized to develop and implement noise assistance programs to address incompatible land uses surrounding the airport. #### Section 5-1203 (a) Subject to the provisions of this subtitle, the Administration shall establish a voluntary land acquisition program under which it shall purchase residentially occupied real property subject to a cumulative noise exposure of 70 LDN or greater, as identified by the most recently adopted airport noise zone, if the owner of the real property volunteers to sell the real property to the Administration. (b) Local governments are encouraged, in the exercise of their police powers, to cooperate with Administration efforts to create a land use buffer zone composed of noise compatible commercial, industrial, and other nonresidential uses in areas contiguous to the airport. (c) The Secretary is directed to request full funding for the program as part of the 1989 fiscal year budget and subsequent departmental budget requests. #### Section 5-1204 (a) (1) Subject to the provisions of this subtitle, the Administration shall establish a homeowners assistance pilot program for existing residentially occupied real property in those communities and neighborhoods identified by the Administration as being situated entirely or in part within the 65 LDN noise contour as established by the most recently adopted airport noise zone. (2) The pilot program established under this subsection shall provide at least 2 homeowner assistance options including: (i) An option enabling homeowners to sell their real property, with the Administration assuring the resale value of the property; and (ii) An option enabling homeowners who occupy single-family housing or rent such property for residential use to receive financial assistance from the Administration for noise-attenuating improvements which may include weather stripping, caulking, window glazing, augmentation of wall, door, ceiling, and attic insulation, and installation of forced air ventilation or other types of air conditioning systems. (3) The Administration shall select at least 40 residential properties situated within the airport noise zone to participate in the pilot program, including at least 20 properties in each of the program options described in paragraph (2) of this subsection. (b) (1) Before conveying a fee interest in residential real property to a third party, a homeowner participating in the pilot program option described in subsection (a)(2)(i) of this section shall grant to the Administration an avigation easement. (2) A homeowner participating in the pilot program option described in subsection (a)(2)(ii) of this section shall grant to the Administration an avigation easement. (c) The Administration shall: (1) Implement the homeowners assistance pilot program in fiscal year 1988; (2) Submit to the 1988 Session of the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, a report on the results of the program, including a study of the feasibility of making noise-attenuating improvements to schools; and (3) Make recommendations as part of the Department's fiscal year 1989 budget request for the continued funding of the program. #### Section 5-1205 (a) No real property for which a specific variance has been granted by the Board under Subtitle 8 of this title, or that is encumbered by an avigation easement granted to the Administration, may be selected for participation in the pilot program established by Sec. 5-1204 of this subtitle. (b) The Board may not grant any variance under Subtitle 8 of this title from noise zone regulations for any proposed residential or educational use of real property during the period that the pilot program established by Sec. 5-1204 of this subtitle is in operation. --- Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)