In this subtitle the following words have the meanings indicated. “Board” means the Board of Airport Zoning Appeals. “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.

Subject to the provisions of this subtitle, the Administration may adopt airport zoning regulations to protect the aerial approaches of any airport owned by this State. The Administration shall compile in one file an accurate copy of this subtitle, Subtitle 6 of this title, and all airport zoning regulations adopted under this subtitle. This file shall be kept at all times in the office of the Administration and shall be open to public inspection at all times during regular office hours. If there is any conflict between any airport zoning regulation adopted under this subtitle and any other regulation applicable to the same area, the more stringent limitation or requirement governs. The provisions of all airport zoning regulations adopted under this subtitle are severable. If any provision of the regulations or its application is held invalid, the invalidity does not affect any other provision or application that can be given effect notwithstanding the invalidity.

As to each airport, in the establishment of airport zoning districts or the adoption or amendment of its airport zoning regulations, the Administration shall consider, among other things, to the extent that they affect and in order to promote the public health, safety, order, or security, the following: The character of the flying operations conducted or expected to be conducted at the airport; The surrounding terrain; The height of existing structures and trees or other vegetation in the vicinity; The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity; As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics; The risks associated with aerial traffic at the airport; The type, size, weight, and load capacity of aircraft that use or might use the airport; The weather conditions generally prevailing in the vicinity; The size and layout of the landing area of the airport; and The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation. An airport zoning regulation adopted under this subtitle may not: Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or Otherwise interfere with the continuance of any nonconforming use. Except as otherwise provided in this subtitle, an airport zoning district or airport zoning regulation adopted under this subtitle may not apply to any property located more than 3 miles beyond the outer perimeter of any airport.

A person may not, in violation of this subtitle or any regulation adopted under it: Establish or construct any new structure; Make any new use of any existing structure or land; Substantially alter any existing structure or use of land; or As to any tree or other vegetation: Plant or replant any of such a height as to be an airport hazard; Allow any to grow to such a height as to be an airport hazard; or Even if it is nonconforming, allow any that is an existing airport hazard to grow any higher. If any person violates any provision of this section, the Administration, in addition to any other remedy, may institute any appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition.

Unless he has an appropriate permit issued by the Administration, a person may not, in any airport zoning district: Substantially alter any nonconforming structure or use; or Undertake or allow any activity prohibited by § 5-504(a) of this subtitle. Before any work that requires a permit under this section is started on an operation or project and before any growth that requires a permit under this section is allowed of a tree or other vegetation, the owner of the land or structure shall obtain a permit from the Administration. The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed operation or project will comply with every applicable airport zoning regulation. Except as otherwise provided in paragraph (3) of this subsection, the Administration may not issue a permit unless every airport zoning regulation applicable to the airport zoning district in which the land or structure is located will be complied with fully. The Administration shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure or tree or other vegetation to be higher than or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted. The Administration may issue a permit to any person acting on behalf of the Administration or any federal agency on land owned by the State or the federal government if the proposed activity complies with all applicable federal aviation regulations. The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard. If the Administration disapproves an application: The Administration shall notify the applicant in writing of its reasons for the disapproval; and If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant may appeal to the Board as provided in § 5-507 of this subtitle. A local agency may not issue a use permit or a permit for any construction, reconstruction, extension, repair, or alteration within an airport zoning district until the applicant has been issued an airport zoning permit by the Administration.

There is a Board of Airport Zoning Appeals in the Department. The Board consists of 10 members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate. Of the members of the Board: Three shall be residents of Anne Arundel County; Three shall be residents of Baltimore County; Two shall be residents of Howard County; and Two, including the Chairman, shall be residents of a county other than those counties specified in items (i), (ii), and (iii) of this paragraph. The Governor shall designate one of the members of the Board as its Chairman. Each member serves for a term of 4 years and until his successor is appointed and qualifies. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1982. A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. The Department may employ the personnel necessary to enable the Board to exercise its powers and perform its duties properly. A member or employee of the Board is entitled to the compensation provided in the State budget. A member of the Board also is entitled to reimbursement for expenses, in accordance with the Standard State Travel Regulations of the Department of Budget and Management. The Board has the powers and duties set forth in § 5-507 of this subtitle and shall comply with all the applicable provisions of Subtitle 6 of this title. The Board shall sit in panels as follows: If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, the Board panel shall consist of all members except those who are from Baltimore County; and If an application for a variance or an appeal to the Board concerns property located in Baltimore County, the Board panel shall consist of all members except those who are from Anne Arundel County and Howard County.

In a case of practical difficulty or unnecessary hardship, the Board, after public notice and hearing, may grant a specific variance from the airport zoning regulations adopted under this subtitle. Any person who desires to use his property in a manner prohibited by an airport zoning regulation adopted under this subtitle may apply to the Board for a variance from the regulation. On application for a variance, the Board shall act as a fact finding body and, among other things, shall consider any testimony or evidence presented regarding: The rules, regulations, restrictions, guides, and standards set forth in this subtitle and in the airport zoning regulations that the Administration adopts; The existing or proposed height, width, and use of the structure or tree or other vegetation for which the variance is requested; Whether the structure or tree or other vegetation will create or become an airport hazard; Whether issuance of the permit will result in endangering the public health, safety, security, or order; and The impact of the proposed variance upon the surrounding community. The Board may condition any variance so as to require the owner of the land or structure to which the variance applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.

An appeal may be taken from a decision of the Board to a court of competent jurisdiction in the county in which the airport is located. The appeal shall be taken in the manner set forth in § 5-615 of this title.

In this section, “district” means the land area established for Baltimore-Washington International Thurgood Marshall Airport delineated by and contained within a circle the radius of which is 4 miles from a point the Maryland grid coordinates of which are E893,909.99 -- N490,279.30. Except as otherwise provided in this subtitle, a structure may not be erected, altered, or maintained and a tree or other vegetation may not be allowed to grow or be maintained at a height greater than the height limit established for the district. The Administration shall adopt regulations establishing the maximum height limit any structure, tree, or other vegetation may be allowed to grow or be maintained in the district, consistent with applicable federal aviation regulations. The Administration shall file in the land records of Anne Arundel County, Baltimore County, and Howard County a map depicting the district established by this section.

Except as provided in this subtitle, a person may not use any land located within any airport zoning district created under this subtitle for any: Transformer station; High-tower transmission line; Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport; Rifle range or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport; Plant or business of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport; Business or structure of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport; or Use that would: Create electrical interference with radio communication between the airport and aircraft; Make it difficult for airmen to distinguish between airport lights and other lights; Cause glare in the eyes of airmen using the airport; Impair visibility in the vicinity of the airport; or Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Any person who violates any provision of this subtitle or of any rule or regulation adopted by the Administration under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues.