# Transportation (GTR)

## Title 5. Aviation

### Subtitle 2. Maryland Aviation Commission and Maryland Aviation Administration

#### Section 5-201

(a) There is a Maryland Aviation Commission.

(b) The Commission shall:

  (1) Establish policies directed toward the Maryland Aviation Administration's ability to improve and promote the role of the Baltimore-Washington International Thurgood Marshall Airport as an airport of service to the Washington-Baltimore metropolitan area;

  (2) Approve regulations for the operation of the State-owned airports prior to their adoption by the Executive Director;

  (3) Direct the Administration in developing and implementing airport management policy for all State-owned airports;

  (4) Approve major capital projects, as defined in Sec. 2-103.1(a)(4) of this article, at any State-owned airport prior to the submission of those projects to the Governor and General Assembly for approval;

  (5) Exercise those powers granted to the Commission by this title or by any other provision of law; and

  (6) In carrying out the provisions of this subtitle:

    (i) Consider information and advice from:

      (1) The air carrier industry;

      (2) The airport concessionaire industry;

      (3) The airline support services industry;

      (4) Citizen advisory groups;

      (5) Airport employees or their representatives;

      (6) Local government;

      (7) Citizens from communities near airports; and

      (8) Other Maryland communities that have, or are predicted to have, potentially adverse health or community impacts from airport infrastructure and economic growth decisions; and

    (ii) Consider the aviation, economic, business, environmental, health, and community-related impacts or any other impacts the Commission finds relevant to the decisions of the Commission or the Administration.

(c)

  (1) The Commission shall consist of 13 voting members:

    (i) 12 appointed by the Governor with the advice and consent of the Senate:

      (1) Two of whom shall be recommended by the Anne Arundel County Senate Delegation; and

      (2) Two of whom shall be recommended by the Howard County Senate Delegation; and

    (ii) The Secretary of Transportation, who shall be the Chairman of the Commission.

  (2) The Secretary of Commerce shall serve as a nonvoting ex officio Commission member.

(d)

  (1) Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission:

    (i) An officer or employee of the State, except as provided in subsection (c) of this section;

    (ii) A representative of any entity whose principal activities are related to the operation of State-owned airports;

    (iii) A person employed by any entity whose principal activities are related to the operation of State-owned airports; or

    (iv) A member of the General Assembly.

  (2) In appointing the 12 members of the Commission, the Governor shall take into consideration:

    (i) Both the geographic and ethnic representation of the State such that all segments of the population of the State to the extent possible are represented on the Commission; and

    (ii) The experience of an appointee in the aviation and airport industries such that some Commission members have directly relevant experience.

  (3) Notwithstanding paragraph (1) of this subsection, a member of any State board, commission, or authority may be appointed a member of the Maryland Aviation Commission. Any person so appointed who is compensated by the State is not entitled to any compensation or other emolument, except expenses incurred in connection with attendance at hearings, meetings, field trips, and working sessions, for any services rendered as a Commissioner.

(e)

  (1) Each appointed member serves for a term of 3 years and until a successor is appointed and qualifies.

  (2) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1994.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(f)

  (1) The Commission shall meet at a time and place designated by the Chairman of the Commission.

  (2) The Commission shall meet as often as its duties require, but not less than quarterly.

  (3)

    (i) Attendance by five members shall constitute a quorum.

    (ii) No formal action may be taken by the Commission except by an affirmative vote of a majority of the entire Commission.

(g) Except as provided under subsection (d)(3) of this section, members of the Commission appointed by the Governor are entitled to the compensation and expenses provided for in the State budget. Members of the Commission are subject to the provisions of Sec. 8-501 of the State Government Article.

(h)

  (1) Each member of the Commission shall receive an orientation session to educate the member on the Commission's responsibilities under subsection (b) of this section.

  (2)

    (i) Members appointed to the Commission before October 1, 2023, shall receive the orientation as a group within a reasonable time on or after October 1, 2023.

    (ii) Members appointed to the Commission on or after October 1, 2023, shall receive the orientation on an individual basis within a reasonable time following appointment.

#### Section 5-201.1

(a)

  (1) Notwithstanding any other provision of law, the Commission shall determine the qualifications and appointment, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State-owned airports.

  (2)

    (i) In making determinations and appointments under this subsection, the Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable airports or aeronautical agencies.

    (ii) In selecting comparable airports or agencies, the Commission shall consider operational and traffic data, market area characteristics, airport or agency competitiveness, and any other factors the Commission considers appropriate.

  (3) Except for general salary increases approved by the General Assembly, the Commission shall submit to the Secretary of Budget and Management at least 10 days prior to the effective date of any management personnel position salary increase notice of the proposed adjustment.

  (4) The Secretary of Budget and Management shall:

    (i) Review the proposed adjustment; and

    (ii) Within 10 days of receipt of the proposed adjustment, advise the Commission whether the adjustment poses an adverse impact on special fund expenditures.

  (5) Failure of the Secretary of Budget and Management to advise the Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact.

  (6) Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article.

(b) Actions of the Commission which, in the judgment of the Chairman, have an impact upon the Transportation Trust Fund are subject to the approval of the Chairman.

(c) The Chairman of the Commission shall:

  (1) Based on the advice of the Commission and subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with Sec. 5-501 of the General Provisions Article; and

  (2) Approve the Administration's budget before its submission for the Governor's approval and inclusion in the proposed budget submitted to the General Assembly.

(d) The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.

#### Section 5-201.2

(a) Subject to Sec. 2-1257 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Commission during the previous year.

(b) The report shall include:

  (1) A review of the financial and operational results for all State-owned airports during the previous year, a summary of Commission feedback related to health or community impact and how the Commission addressed such feedback, and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility;

  (2) Subject to review by the Department of Budget and Management, an estimate of all expenditures necessary for the operation of the Commission. The estimate shall identify staff resources allocated to the Commission that are provided by the Department or other State agencies; and

  (3) Actions taken by the Commission pursuant to Sec. 5-201.1(a) of this subtitle, including the consideration of the comparative status of employees serving at comparable airports or aeronautical agencies.

#### Section 5-202

There is a Maryland Aviation Administration in the Department.

#### Section 5-202.1

(a) The head of the Administration is the Executive Director.

(b)

  (1) The Executive Director shall report directly to the Commission.

  (2) Subject to the direction of the Commission and in accordance with other provisions of law, the Executive Director is responsible for:

    (i) Carrying out the powers and duties vested by law in the Administration; and

    (ii) Adopting and carrying out regulations.

(c) The Executive Director is entitled to the salary provided in the State budget.

#### Section 5-203

(a) The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, to the authority of the Maryland Transportation Authority.

(b) By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be.

#### Section 5-204

(a) In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.

(b) The Administration has general supervision over aeronautics in this State.

(c) The Administration shall:

  (1) Encourage, foster, and assist in the development of aeronautics in this State;

  (2) Encourage the establishment of airports, airport facilities, and air navigation facilities; and

  (3) Cooperate with and assist the federal government, any political subdivision of this State, and any other person in the development of aeronautics, and coordinate the aeronautical activities of these bodies and persons.

(d) With the approval of the Secretary, the Administration may:

  (1) Recommend necessary legislation to advance the interests of this State in aeronautics;

  (2) Represent this State in aeronautics matters before any agency of this or any other state or of the federal government;

  (3) Participate on behalf of this State or any political subdivision or citizen of this State as party plaintiff or defendant or as intervenor in any controversy that involves the interest of this State in aeronautics; and

  (4) Adopt rules and regulations for the functioning and administration of the Administration.

#### Section 5-205

Any political subdivision may cooperate with the Administration in the development of aeronautics and aeronautics facilities in this State.

#### Section 5-206

(a) The Administration may confer or hold joint hearings with any federal agency in connection with any matter that:

  (1) Arises under this title; or

  (2) Relates to the sound development of aeronautics.

(b) To the extent practicable, the Administration:

  (1) May use the cooperation, services, records, and facilities of federal agencies in the administration and enforcement of this title; and

  (2) Shall furnish to federal agencies its cooperation, services, records, and facilities.

(c) Any police officer who is informed of an aeronautics accident in this State shall:

  (1) Report the accident to the Administration and to the appropriate federal agency; and

  (2) To the extent practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in the accident until the Department of State Police or the appropriate federal agency institutes an investigation.

#### Section 5-207

(a) In this section, "State airway" means any route designated by the Administration as a route suitable for air navigation above the land or waters of this State.

(b)

  (1) Subject to paragraph (2) of this subsection, the Administration may:

    (i) Designate, design, and establish, expand, or modify a State airways system that best serves the interest of this State; and

    (ii) As required in the public interest, chart the system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways.

  (2) A State airway may not be established, expanded, or modified unless, after a hearing open to interested parties, the Administration finds that such action is necessary to the safety and advancement of aeronautics in this State.

(c) The State airways system:

  (1) Shall be supplementary to and coordinated in design and operation with the federal airways system; and

  (2) May include any type of publicly or privately owned air navigation facility conforming to federal safety standards.

#### Section 5-208

(a)

  (1) The Administration may perform any act, issue and amend any order, adopt and amend any general or special rule, regulation, or procedure, and establish any minimum standard consistent with this title and necessary:

    (i) To perform its duties and carry out the provisions of this title;

    (ii) To protect the general public safety, the safety of persons who operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or ground subjects that relate to aeronautics, or the safety of persons and property on land or water; or

    (iii) To develop and promote aeronautics in this State.

  (2) The Administration may adopt rules and regulations by which a person engaging in aeronautics may be required to establish financial responsibility for any damage or injury that might be caused by the person.

  (3)

    (i) The Administration shall adopt rules and regulations requiring the use of security identification badges in airports consistent with any airport security program regulations adopted under this section.

    (ii) After notice and opportunity for a hearing as provided under Sec. 5-210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 for the misuse of a security identification badge in violation of an airport security program adopted under subparagraph (i) of this paragraph.

(b)

  (1) A rule or regulation adopted by the Administration may not apply to any airport, airport facility, or air navigation facility that is owned or operated by the United States.

  (2) A rule, regulation, order, or standard of the Administration may not be inconsistent with or contrary to federal law.

(c) Copies of all rules, regulations, and standards shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public.

#### Section 5-209

(a) The Executive Director or any officer or employee of the Administration designated by the Executive Director may conduct investigations, inquiries, and hearings as to:

  (1) Any matter covered by this title or by a rule, regulation, or order of the Administration; or

  (2) Any aeronautics accident in this State.

(b) Hearings shall be:

  (1) Open to the public; and

  (2) Except as provided in Sec. 5-210 of this subtitle, held on such notice as the Executive Director considers advisable.

(c) The Executive Director or his designee may:

  (1) Administer oaths;

  (2) Certify to all official acts; and

  (3) Issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents.

(d)

  (1) If a person fails to comply with any subpoena or order issued under this section, the Executive Director or his designee may invoke the aid of a court of competent jurisdiction.

  (2) The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

#### Section 5-210

(a)

  (1) If the Administration issues an order directing compliance with a specific requirement or if the Administration denies, suspends, or revokes a license, certificate, or other approval, the order or the denial, suspension, or revocation, as the case may be, shall state the reasons for the Administration's action and shall specify the acts to be done or requirements to be met before approval by the Administration will be given, the license, certificate, or other approval granted or restored, or the order modified or changed.

  (2) Orders issued by the Administration shall be served on the affected persons by personal service or certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

(b)

  (1) If notice and opportunity for hearing are required under any provision of this title:

    (i) The order or other action of the Administration shall specify, on not less than 21 days' notice, the time and place of hearing or the time within which the affected person may request a hearing; and

    (ii) The order or other action becomes effective on expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order or other action is suspended until the Administration, after the hearing or on default by the affected person, affirms, disaffirms, or modifies the order or other action.

  (2) The Administration shall conduct the hearing at or near its principal office.

(c) Any person aggrieved by an order of the Administration or by the grant, denial, suspension, or revocation of any license, certificate, or other approval may appeal as provided by the Administrative Procedure Act.

#### Section 5-211

An officer or employee of the Department may not be required to testify in any suit, action, or other proceeding that involves aircraft, either:

(1) With respect to any fact ascertained in or information gained by reason of his official capacity; or

(2) As an expert witness.

#### Section 5-212.1

(a) The Executive Director may designate employees of the Administration to exercise the powers specified in subsection (b) of this section.

(b)

  (1) An employee appointed under this section may issue citations to the extent authorized by the Executive Director for violations of those provisions of Sec. 5-426 of this title relating to motor vehicle parking at the airport.

  (2) The issuance of citations under this section shall comply with requirements of Title 26, Subtitle 3 of this article.

(c) The Executive Director, in consultation with the chief police officer of the Maryland Transportation Authority Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing:

  (1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and

  (2) Standards for the performance of the duties assigned to employees appointed under this section.

#### Section 5-213

(a) The Administration may make any contract necessary for or incidental to the performance of its duties and the exercise of its powers under this title.

(b) Subject to the provisions of Division II of the State Finance and Procurement Article, if the planning, acquisition, construction, improvement, maintenance, or operation of any airport facility is financed with federal money, the Administration may contract as required by the federal authorities acting under federal law.

#### Section 5-215

The Administration may make available its engineering and other technical services, with or without charge, to any person for the planning, acquisition, construction, improvement, or operation of an airport, airport facility, or air navigation facility.

#### Section 5-216

Every rule, regulation, form, order, and directive adopted by or relating to the former State Aviation Commission of Maryland or the Director of Aeronautics remains in effect until changed by the Executive Director or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the State Aviation Commission of Maryland or the Director of Aeronautics means the Administration or the Executive Director, respectively.

#### Section 5-217

(a) An agent or employee of the Administration or member of the Commission may not:

  (1) Contract with the Administration for the delivery of goods or services at any State-owned airport;

  (2) Have any direct or indirect interest in a contract with the Administration concerning the delivery of goods or services at any State-owned airport; or

  (3) Have any direct or indirect interest in the sale or purchase by the Administration of any property, except for employee participation in programs established by Subtitle 12 of this title.

(b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

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