# Transportation (GTR)

## Title 5. Aviation

### Subtitle 4. Establishment and Operation of State and Local Airports

#### Section 5-401

In this subtitle, "establish or operate" includes plan, acquire, construct, equip, maintain, alter, enlarge, improve, reconstruct, repair, regulate, protect, or police.

#### Section 5-402

This subtitle does not limit any right, power, or authority of this State or a political subdivision to regulate any airport hazard by zoning.

#### Section 5-404

(a) With the approval of the Secretary, the Administration may establish or operate on behalf of and in the name of this State any airport, airport facility, or air navigation facility within or without this State.

(b) These airports and facilities shall be established and operated out of funds available for that purpose under Titles 3 and 4 of this article.

#### Section 5-405

(a) With the approval of the Secretary, the Administration may acquire, by gift, purchase, lease, condemnation, or otherwise, any property, including any easement in airport hazards or in land outside the boundaries of an airport or airport site, for the purposes of establishing or operating an airport, airport facility, or air navigation facility, if the acquisition is necessary:

  (1) To permit the safe and efficient operation of an airport;

  (2) To permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or

  (3) To prevent the establishment of airport hazards.

(b) The Administration may acquire, in like manner, any existing airport, airport facility, or air navigation facility. However, it may not acquire any airport, airport facility, or air navigation facility owned or controlled by a political subdivision of this or any other state without the consent of the political subdivision.

(c) Any condemnation proceedings under this section shall be instituted and maintained in the name of this State and conducted under Title 12 of the Real Property Article.

#### Section 5-406

(a) With the approval of the Secretary, the Administration may sell, lease, or otherwise dispose of any property that it acquires under this subtitle.

(b) The Administration shall dispose of its property in accordance with the laws of this State governing the disposition of State property generally.

#### Section 5-407

Any power granted by this subtitle to the Administration may be exercised by the Administration jointly with the federal government, any other state, or any political subdivision or agency of this or any other state.

#### Section 5-408

(a) In its operation of an airport, airport facility, or air navigation facility owned or controlled by this State, the Administration, with the approval of the Secretary and subject to the direction of the Commission, may contract, lease, or otherwise arrange with any person to:

  (1) Provide the person with services furnished by the Administration or its agents at the airport or facility; or

  (2) Grant to the person the privilege of:

    (i) Using or improving for commercial purposes any part of the airport or facility; or

    (ii) Supplying services, facilities, goods, commodities, or other things at the airport or facility.

(b)

  (1) For the privileges granted, the Administration may establish any terms and conditions and fix any charges, rentals, or fees that:

    (i) Are reasonable and uniform for the same class of privilege or service;

    (ii) Are established with due regard to the property and improvements used and the expenses of operation to this State; and

    (iii) Do not deprive the public of its rightful, equal, and uniform use of any part of the airport or facility.

  (2) The Administration shall monitor the charges, fees, or prices of any goods or services offered to the public by persons granted the privilege under this section. Every contract, lease, or other arrangement shall provide that charges, fees, or prices:

    (i) May not be increased without the prior approval of the Administration; and

    (ii) Are to be reasonable. In determining reasonableness the Administration shall consider the charges, fees, or prices for the same goods or services at comparable airports.

  (3) The Administration shall:

    (i) Monitor the employment practices under Title 20, Subtitle 6 of the State Government Article of persons granted privileges under this section; and

    (ii) Refer for investigation all alleged violations of Sec. 20-606 of the State Government Article to the Commission on Civil Rights, the Equal Employment Opportunity Commission, or any appropriate State or federal administrative body.

(c)

  (1) In this subsection, "commercial activity" means the sale, merchandising, marketing, or promotion of any goods or services.

  (2) Commercial activity is permitted at an airport operated by the Administration only when expressly authorized by and in a manner prescribed by the Administration.

#### Section 5-408.1

(a) In this section, "complete streets policy" has the meaning stated in Sec. 2-112 of this article.

(b) The Administration shall, in accordance with Sec. 2-112 of this article, adopt a complete streets policy for airport facilities owned or operated by the State.

#### Section 5-409

(a) With the approval of the Secretary and subject to the direction of the Commission, the Administration may, consistent with the provisions of Division II of the State Finance and Procurement Article, contract, lease, or otherwise arrange with any person to grant to the person the privilege of operating, as agent of this State or otherwise, any airport or airport facility owned or controlled by this State.

(b) A contract, lease, or other arrangement made under this section may be for any term not exceeding 10 years and for the consideration that the Administration determines.

(c) The Administration may not authorize any person:

  (1) To operate the airport or facility other than as a public airport or facility; or

  (2) To make any contract, lease, or other arrangement in the operation of the airport or facility that the Administration itself could not make under Sec. 5-408 of this subtitle.

#### Section 5-410

This State has a lien on any personal property to enforce the payment of any charge for any repair, improvement, storage, or care of that property made or furnished by the Administration or its agents in the operation of an airport, airport facility, or air navigation facility owned or controlled by this State. The Administration may enforce the lien under Title 16 of the Commercial Law Article.

#### Section 5-411

(a) The Administration may accept, receive, receipt for, disburse, and spend any federal or other public or private money made available to accomplish, wholly or partly, any of the purposes of this subtitle.

(b) All federal money accepted under this section shall be accepted and spent by the Administration on the terms and conditions that the federal government requires.

(c) In accepting federal money under this section, the Administration has the same authority to contract on behalf of this State as that granted to the Administration under Sec. 5-422 of this subtitle for federal money accepted on behalf of a political subdivision, consistent with the provisions of Division II of the State Finance and Procurement Article.

(d) Unless otherwise required by the person from whom the money was received, all money received by the Administration under this section is subject to Sec. 3-216 of this article on the Transportation Trust Fund.

#### Section 5-412

(a) Except as otherwise provided by law, the Administration shall operate and administer all State-owned airports.

(b) Notwithstanding any other provision of law, the Administration may not enter into a contract for the provision of services at a State-owned airport that would result in the termination of State employees unless:

  (1) The contract and all supporting information have been submitted to the Legislative Policy Committee for its review and comment; and

  (2) Written comment from the Legislative Policy Committee has been received or 45 days have elapsed after the Legislative Policy Committee has received the contract.

#### Section 5-413

(a) Any person who is or becomes a full-time employee of the Maryland Aviation Administration Fire Rescue Service on or before September 30, 1993 shall remain or become a member of the Baltimore City Fire and Police Employees Retirement System. The Administration shall reimburse the City for the employer's cost of the pension coverage.

(b)

  (1) Notwithstanding any public local or other law, the operator of a taxicab authorized and licensed to operate in a political subdivision of this State may, without being required to obtain an additional permit or license from any other political subdivision:

    (i) Transport passengers to Baltimore-Washington International Thurgood Marshall Airport from the political subdivision in which the taxicab is authorized and licensed to operate; and

    (ii) After transporting passengers to the airport from that political subdivision, pick up passengers at the airport and transport them to the political subdivision on its return trip.

  (2)

    (i) In this paragraph, "nonairport taxicab operator" means a person authorized and licensed to operate a taxicab in a political subdivision of this State who is not employed by, or under contract with, an entity that holds a contract with the Administration to provide taxicab services at Baltimore-Washington International Thurgood Marshall Airport.

    (ii) A nonairport taxicab operator may not solicit commercial passengers at Baltimore-Washington International Thurgood Marshall Airport, including in or at the terminal building, vestibules, sidewalks, roadways, and parking lots.

    (iii) Except as provided in subparagraph (iv) of this paragraph, a nonairport taxicab operator shall immediately depart the terminal after dropping off a commercial passenger.

    (iv) A nonairport taxicab operator may park at the operator's expense in a public parking lot when not transporting commercial passengers to Baltimore-Washington International Thurgood Marshall Airport.

    (v) A nonairport taxicab operator who violates this paragraph is subject to a civil fine not exceeding $500.

(c) The Administration may not begin construction of the new parallel transport runway, identified in the Airport Master Plan as runway 10 R/28L, until:

  (1) The Administration:

    (i)

      (1) Reviews the current airport noise zone and abatement procedures, such reviews to include an examination and an evaluation of runway curfews; and

      (2) Updates the noise zone as proposed by the Administration on February 25, 1987;

    (ii) Adopts the proposed noise assistance programs for residential areas within the airport noise zone including, but not limited to:

      (1) Extension of the voluntary acquisition program;

      (2) In cooperation with the Board of Airport Zoning Appeals established by Subtitle 5 of this title, strengthening of zoning permit procedures as necessary; and

      (3) Establishment of a homeowner assistance program; and

    (iii) Implements a pilot program of homeowner assistance in fiscal year 1988; and

  (2) The State Highway Administration completes construction of the following highway projects required in conjunction with airport improvements:

    (i) Hammonds Ferry Road/Poplar Avenue intersection improvements;

    (ii) MD 170/Poplar Avenue intersection;

    (iii) Poplar Avenue widening;

    (iv) MD 176 widenings;

    (v) MD 176/Hammonds Ferry Road intersection;

    (vi) Nursery Road/MD 295 interchange; and

    (vii) MD 3/MD 176 interchange (auxiliary lane).

(d) The international terminal at Baltimore-Washington International Thurgood Marshall Airport shall be named the Governor William Donald Schaefer International Terminal.

#### Section 5-413.1

(a) In this section, "donation box" means a clearly marked receptacle for the charitable donation of money by the public.

(b) The Executive Director shall work with House of Ruth Maryland to install secure donation boxes at the entrance to each security screening checkpoint at the Baltimore-Washington International Thurgood Marshall Airport.

(c) The money deposited in the donation boxes required under subsection (b) of this section shall be used only to support House of Ruth Maryland.

#### Section 5-414

(a) There is a Citizens Committee for the Enhancement of Communities Surrounding Baltimore-Washington International Thurgood Marshall Airport.

(b)

  (1) The Citizens Committee consists of 12 members who are appointed by the Secretary after recommendation by the members of the legislative delegation from legislative districts 12A, 12B, 13, and 32 as follows:

    (i) Two members of the Citizens Committee shall be recommended by each of the delegates representing district 32;

    (ii) One member of the Citizens Committee shall be recommended by the delegates representing district 12A;

    (iii) One member of the Citizens Committee shall be recommended by the delegate representing district 12B;

    (iv) One member of the Citizens Committee shall be recommended by the delegates representing district 13; and

    (v) Three members of the Citizens Committee shall be recommended by the senator representing district 32.

  (2) The members shall be representatives of community associations that are either wholly or partially situated:

    (i) In the certified noise zone that was adopted under Sec. 5-806 of this title and effective March 23, 1998, for Baltimore-Washington International Thurgood Marshall Airport; or

    (ii) In a border extending 2 miles outside of the certified noise zone.

(c)

  (1) The term of a member of the Citizens Committee is 3 years.

  (2) The terms of the members are staggered as required by the terms provided for members of the Citizens Committee on October 1, 2001.

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

  (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.

(d) From among the members of the Citizens Committee, the Secretary shall appoint a chairman.

(e)

  (1) The Citizens Committee shall meet regularly at the call of the chairman.

  (2) The Secretary, or the Secretary's designee, shall meet with the Citizens Committee at least quarterly.

(f) A member of the Citizens Committee may not receive compensation or other reimbursement for expenses.

(g) The Citizens Committee shall:

  (1) Evaluate issues of livability in the communities located in the area described in subsection (b)(2) of this section and the unique impacts on livability in these communities arising from their close proximity to Baltimore-Washington International Thurgood Marshall Airport;

  (2) Develop projects designed to address transportation issues that affect livability in the communities; and

  (3) Make recommendations to the Secretary for the funding of projects designed to address transportation issues that affect livability in the communities.

(h)

  (1) The Secretary shall consider the recommendations of the Citizens Committee.

  (2) The Secretary may make grants-in-aid, under Sec. 2-103(i)(2) of this article, to fund transportation related projects recommended by the Citizens Committee.

  (3)

    (i) The Secretary shall identify in the annual budget for the Department an amount designated for the grants-in-aid authorized under this subsection.

    (ii) In making a budget designation under this paragraph, the Secretary shall consider the number of aircraft operations at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year.

    (iii) A budget amount designated under this paragraph shall include an amount equal to at least one dollar for every takeoff and landing of an aircraft that occurs at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year.

(i) Staff support for the Citizens Committee shall be provided by the Department.

#### Section 5-415

(a) In this section, "Fire Rescue Service" means the Maryland Aviation Administration Fire Rescue Service.

(b) Subject to subsections (c) and (e) of this section, the Fire Rescue Service may charge an ambulance transport fee to an individual if the Fire Rescue Service transports the individual to a hospital from property owned by the Administration or property subject to a mutual aid agreement to which the Administration is a party.

(c) The Fire Rescue Service may not:

  (1) Question an individual about ability to pay an ambulance transport fee at the time that ambulance transportation is requested or provided; or

  (2) Fail to provide ambulance transportation and emergency medical services because of an individual's actual or perceived inability to pay an ambulance transport fee.

(d) The Administration may procure the services of a third party billing company to administer an ambulance transport fee program under this section.

(e) Before the Fire Rescue Service may charge an ambulance transport fee under this section, the Administration shall adopt regulations to:

  (1) Set the amount of the ambulance transport fee; and

  (2) Administer the collection of the ambulance transport fee, including regulations governing:

    (i) A waiver of the ambulance transport fee in the event of financial hardship;

    (ii) The acceptance of reduced payments by commercial insurers and other third-party payors, including Medicare and Medicaid; and

    (iii) A requirement that each individual receiving an ambulance transport provide financial information, including the individual's insurance coverage, and assign insurance benefits to the Administration.

(f) The Administration shall deposit the fees collected under this section in the Transportation Trust Fund.

#### Section 5-416

(a) As provided in this section, a political subdivision of this State, whether acting alone or jointly with another political subdivision, may:

  (1) Establish or operate any airport, airport facility, or air navigation facility; and

  (2) For this purpose, use any suitable property owned or controlled by the political subdivision.

(b) An airport or facility may be established under this section:

  (1) By a county, only within its boundaries or the boundaries of any other county with which it is acting jointly; and

  (2) By Baltimore City or a municipal corporation, either within or without its boundaries.

#### Section 5-417

(a) A political subdivision may acquire, by purchase or, if unable to agree on terms, by condemnation, any property, including any air right or interest, needed to establish or operate an airport, airport facility, or air navigation facility.

(b) Any condemnation of property under this section shall be under the law by which the political subdivision may condemn property for public purposes other than street purposes or, if it has no such law, under Title 12 of the Real Property Article.

#### Section 5-418

(a) Any political subdivision that acquires, leases, controls, or sets apart any property for an airport, airport facility, or air navigation facility may:

  (1) Establish and operate the airport or facility;

  (2) Lease or grant to any person, on the terms and conditions it considers proper, any right or interest in the airport or facility;

  (3) Fix any charges, rentals, or fees for the use of the airport or facility and for any right or interest granted to any person under this section; and

  (4) Delegate any of its powers under this section to any suitable officer or agency of the political subdivision and, for this purpose, create any new agency or unit.

(b) The costs and expenses incurred in connection with any act performed under this section shall be the responsibility of the political subdivision.

#### Section 5-419

(a) Any political subdivision that has general taxing power in its jurisdiction may:

  (1) Issue its bonds in the amounts, at the rates of interest, and with the serial maturities that the governing body of the political subdivision determines by resolution, order, or ordinance; and

  (2) Use the proceeds from the sale of the bonds to acquire sites and construct, enlarge, alter, or improve airports, airport facilities, and air navigation facilities.

(b)

  (1) The principal of and interest on the bonds issued by a political subdivision under this section shall be secured by the full faith and credit of the political subdivision. For the payment of the principal of and interest on the bonds as they become due and payable, the political subdivision annually shall levy a general tax on all of the assessable property subject to taxation in its jurisdiction.

  (2) A political subdivision may not issue any bonds under this section in an amount that, together with the aggregate amount of all other bonded indebtedness of the political subdivision, exceeds a total of 4 percent of the total assessed valuation of the real property located in the political subdivision and 10 percent of the total assessed valuation of personal property and operating real property described in Sec. 8-109(c) of the Tax - Property Article located in the political subdivision.

(c) This section supersedes any other general or local law to the extent of any conflict. No part of this section may be deemed to be impliedly repealed or superseded by any subsequent legislation if such construction reasonably can be avoided.

#### Section 5-420

(a) The powers granted to political subdivisions by this subtitle include the power to acquire any property, including air rights or interests, for an airport, airport facility, or air navigation facility to be maintained by any common carrier of passengers or freight by air.

(b) If a political subdivision contracts with a common carrier of passengers or freight by air to acquire an airport, airport facility, or air navigation facility and to sell the acquired property to the common carrier, the political subdivision may:

  (1) Borrow money not exceeding the amount of the purchase price under the contract; and

  (2) Use the money to acquire the property, by purchase, condemnation, or otherwise.

#### Section 5-421

(a) With the approval of the Secretary, the Administration may grant or lend money to:

  (1) Any political subdivision or any authority created under State law to assist in the establishment or operation of an airport that is or is to be owned or controlled wholly or in part by the political subdivision or authority; or

  (2) Any other person to assist in the establishment or operation of any privately owned airport made available for use by the public.

(b) When awarding loans and grants under this section, the Administration shall give priority to publicly owned airports.

#### Section 5-422

(a)

  (1) With the approval of the Secretary, the Administration may act as agent of any political subdivision to:

    (i) Accept, receive, receipt for, disburse, or spend any federal or other public or private money made available to finance, wholly or partly, the establishment or operation of an airport, airport facility, or air navigation facility; and

    (ii) Contract for and supervise the establishment or operation of the airport or facility.

  (2) Each political subdivision may designate the Administration as its agent for any purpose of this subsection.

(b) All federal money accepted under this section shall be accepted and transferred or spent by the Administration on the terms and conditions that the federal government requires.

(c) Any political subdivision and, with the approval of the Secretary, the Administration, as principal for this State, may contract with each other, the federal government, or any other person to the extent required for a grant or loan of federal money for an airport, airport facility, or air navigation facility.

(d)

  (1) All money received by the Administration under this section:

    (i) Shall be deposited in the State Treasury; and

    (ii) Unless otherwise required by the person from whom the money was received, shall be kept in a separate fund designated for the purpose for which the money was made available and shall be held by this State in trust for that purpose.

  (2) This money is not part of the Transportation Trust Fund and is not subject to Sec. 3-216 of this article.

#### Section 5-426

(a) After holding a public hearing, the governing body of any publicly owned airport in this State may adopt regulations for:

  (1) The parking of motor vehicles at the airport, including provision of a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with:

    (i) The "Uniform System for Parking for Persons With Disabilities" (23 C.F.R. Part 1235);

    (ii) The "Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities" (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and

    (iii) 14 C.F.R. Part 382.23(a);

  (2) The movement of traffic at the airport;

  (3) Safety at the airport; and

  (4) The preservation of order at the airport.

(b) All regulations adopted under this section shall be posted conspicuously in a public place at the airport.

#### Section 5-427

(a) Any person who violates a parking regulation adopted and posted under Sec. 5-426 of this subtitle is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor.

(b) Any person who violates any other rule or regulation adopted and posted under Sec. 5-426 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

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