Title 5. Aviation — Subtitle 6. Airport Zoning -- by Political Subdivisions
Statutes in effect as of October 1, 2026.
Md. Code Ann., Transp. § 5-601 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–601LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Airport” means any airport licensed by the Administration.
(c)
“Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.
Md. Code Ann., Transp. § 5-602 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–602LinkCopy Citation
An airport hazard endangers the lives and property of the users of an airport and of the occupants of land in its vicinity, and it also reduces, in effect, the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport. It is, therefore, in the interest of public health, safety, and general welfare that the political subdivisions of this State be authorized to adopt zoning regulations, as provided in this subtitle, and to acquire property, by purchase, grant, lease, or condemnation, in order to eliminate airport hazards.
Md. Code Ann., Transp. § 5-603 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–603LinkCopy Citation
This subtitle does not apply to Baltimore County or to any part of any airport or property located in Baltimore County.
Md. Code Ann., Transp. § 5-604 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–604LinkCopy Citation
(a)
Subject to the provisions of this subtitle, each political subdivision of this State may adopt, under its police power, airport zoning regulations to protect the aerial approaches of:
(1)
Any airport not owned by this State and located in the political subdivision; and
(2)
Subject to § 5-609 of this subtitle, any airport owned by the political subdivision and located wholly or partly outside of the political subdivision.
(b)
If a political subdivision has or adopts a general zoning ordinance regulating the height of buildings, any airport zoning regulations adopted under this subtitle for all or a part of the same area may be made a part of the general zoning regulations and administered and enforced with them. However, the general zoning regulations may not limit the effectiveness or scope of any regulation adopted under this subtitle.
Md. Code Ann., Transp. § 5-605 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–605LinkCopy Citation
(a)
(1)
By appropriate action of their respective governing bodies, any two or more political subdivisions may agree to create a joint board and delegate to it the power granted by this subtitle to adopt and enforce airport zoning regulations for any airport located wholly or partly in any one or more of the political subdivisions.
(2)
If a joint board is created under this section, it may exercise the powers granted by this subtitle to a political subdivision or its legislative body to the extent that these powers have been delegated to it by the political subdivision and subject to the rules, restrictions, guides, and standards established by the governing bodies of the political subdivisions that created it.
(b)
Each joint board shall consist of:
(1)
Two representatives of each political subdivision that creates the joint board, appointed by the chief executive officer of the political subdivision; and
(2)
One additional member, who shall be the chairman, elected by a majority of the appointed members.
(c)
(1)
Each member of a joint board serves for a term of 4 years and until his successor is appointed and qualifies.
(2)
On written charges and after a public hearing, the respective appointing authority may remove any member of a joint board for cause.
(3)
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
(d)
(1)
Each joint board shall adopt rules for the conduct of its business.
(2)
Meetings of a joint board shall be held at the call of the chairman or a majority of the joint board. All meetings of the board shall be open to the public.
(3)
Each joint board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the joint board and shall be a public record.
(e)
(1)
At a meeting of a joint board, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.
(2)
If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
Md. Code Ann., Transp. § 5-606 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–606LinkCopy Citation
(a)
Regulations adopted under this subtitle shall divide the area surrounding the airport to which they apply into districts of the number, shape, and size that the political subdivision considers best suited for the purposes of this subtitle. Within each district, the political subdivision may regulate and restrict the height of structures and trees or other vegetation and the purposes for which land may be used.
(b)
All regulations shall be uniform throughout the district to which they apply. However, regulations in one district may differ from those for other districts.
(c)
As to each airport, in the establishment of districts or in the adoption or amendment of its airport zoning regulations, the political subdivision 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:
(1)
The character of the flying operations conducted or expected to be conducted at the airport;
(2)
The surrounding terrain;
(3)
The height of existing structures and trees or other vegetation in the vicinity;
(4)
The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity;
(5)
As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics;
(6)
The risks associated with aerial traffic at the airport;
(7)
The type, size, weight, and load capacity of aircraft that use or might use the airport;
(8)
The weather conditions generally prevailing in the vicinity;
(9)
The size and layout of the landing area of the airport; and
(10)
The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation.
(d)
An airport zoning regulation adopted under this subtitle may not:
(1)
Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or
(2)
Otherwise interfere with the continuance of any nonconforming use.
Md. Code Ann., Transp. § 5-607 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–607LinkCopy Citation
(a)
Subject to the provisions of this subtitle, the legislative body of a political subdivision shall provide for the manner in which airport zoning regulations and boundaries of airport zoning districts are to be adopted, amended, enforced, and repealed.
(b)
(1)
Airport zoning regulations and boundaries of airport zoning districts are not effective until there has been a public hearing at which interested parties and the public have an opportunity to be heard.
(2)
At least 15 days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in each of the political subdivisions in which the airport is or will be located.
(c)
(1)
Any regulation and boundary may be amended or repealed from time to time. However, if the owners of at least 20 percent of the area included in a proposed change sign a protest against the change, the change is not effective unless approved by two thirds of all the members of the joint board or of the legislative body of the political subdivision, as the case may be.
(2)
Subsection (b) of this section on public hearings and notices applies to all changes made under this subsection, and, if the change is in a boundary of any airport zoning district, notice of the hearing also shall be posted within that district, at the place that the zoning authorities designate.
Md. Code Ann., Transp. § 5-608 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–608LinkCopy Citation
(a)
(1)
For purposes of this subtitle, the legislative body of the political subdivision shall appoint an airport zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced.
(2)
A zoning board of appeals of the political subdivision may be designated as the airport zoning commission.
(b)
The commission shall make a preliminary report and hold a public hearing on it before submitting its final report. The legislative body may not hold its public hearings or take any action until it receives the final report of the commission.
Md. Code Ann., Transp. § 5-609 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–609LinkCopy Citation
(a)
If an airport owned by a political subdivision is located wholly or partly outside of the political subdivision, the adoption of airport zoning regulations under this subtitle is subject to this section.
(b)
Before any airport zoning regulation or amendment adopted under this section is effective, it shall be submitted to and approved by:
(1)
The governing body of each other political subdivision in which any part of the airport is located; or
(2)
If one is created under § 5-605 of this subtitle, a joint board of the political subdivisions in which any part of the airport is located.
(c)
(1)
Within 60 days after a regulation is submitted to it under this section, the joint board or governing body shall either:
(i)
Approve the regulation; or
(ii)
By written notice specifying its reasons, disapprove the regulation.
(2)
If a joint board or governing body fails to disapprove a regulation as provided in paragraph (1) of this subsection, the regulation is deemed to be approved by it. The approval or disapproval of a joint board or governing body, as the case may be, is final and binding.
(3)
A regulation is effective only if approved by the joint board or governing body of each political subdivision in which any part of the airport is located.
(d)
If an airport zoning regulation adopted by a political subdivision under this section conflicts with any airport zoning or other regulation of any other political subdivision, the regulation adopted under this section governs.
Md. Code Ann., Transp. § 5-610 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–610LinkCopy Citation
(a)
The legislative body of a political subdivision that adopts airport zoning regulations under this subtitle may:
(1)
Delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction; or
(2)
Create a new administrative agency to perform this duty.
(b)
The duties of the administrative agency include receiving applications for and deciding whether or not to issue permits applied for under § 5-611 of this subtitle.
(c)
The administrative agency may not be or include any member of the board of appeals, and it may not exercise any of the powers delegated to the board of appeals.
Md. Code Ann., Transp. § 5-611 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–611LinkCopy Citation
(a)
To facilitate the enforcement of airport zoning regulations adopted under this subtitle, a political subdivision may establish a system and adopt rules and regulations for the granting of permits to:
(1)
Establish or construct any new structure;
(2)
Make any new use of any existing structure or land;
(3)
Substantially alter any existing structure or use of land; or
(4)
As to any tree or other vegetation:
(i)
Plant or replant any of such a height as to be an airport hazard;
(ii)
Allow any to grow to such a height as to be an airport hazard; or
(iii)
Even if it is nonconforming, allow any that is an existing airport hazard to grow any higher.
(b)
(1)
Whether or not a permit system is established under subsection (a) of this section, before any work is started to substantially alter any nonconforming structure and before any growth described in subsection (a) of this section is allowed of a tree or other vegetation, a permit shall be obtained from the administrative agency authorized to administer and enforce the zoning regulations.
(2)
The administrative agency shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the agency 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.
(c)
If the administrative agency grants a permit under this section that does not have to be issued as a matter of right, it may condition the 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.
Md. Code Ann., Transp. § 5-612 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–612LinkCopy Citation
(a)
Airport zoning regulations adopted under this subtitle shall provide for a board of appeals with the power:
(1)
To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the administrative agency in the enforcement of this subtitle or of any ordinance or other legislation adopted under this subtitle;
(2)
If required by an ordinance or other legislation adopted under this subtitle, to hear and decide special exceptions to the terms of the ordinance or other legislation; and
(3)
To hear, decide, and, in proper cases, grant specific variances from the zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established under this subtitle.
(b)
A zoning board of appeals of the political subdivision may be designated as the board of appeals. In all other cases, subsection (c) of this section applies.
(c)
(1)
Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members.
(2)
Each member of the board of appeals serves for a term of 4 years and until his successor is appointed and qualifies. However, of the original appointees, one is to serve a 1-year term, one is to serve a 2-year term, one is to serve a 3-year term, and two are to serve a 4-year term.
(3)
On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause.
(4)
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
(d)
(1)
The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle.
(2)
Meetings of the board shall be held at the call of the chairman and at any other time that the board determines. All meetings of the board shall be open to the public.
(3)
The board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the board and shall be a public record.
(e)
(1)
At a meeting of the board of appeals, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.
(2)
If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
(f)
The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this subtitle.
Md. Code Ann., Transp. § 5-613 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–613LinkCopy Citation
(a)
(1)
Appeals to the board of appeals may be taken by any aggrieved person or by any officer or agency of the political subdivision affected by any decision of the administrative agency.
(2)
An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.
(b)
(1)
An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.
(2)
If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.
(c)
(1)
The board shall:
(i)
Set a reasonable time for hearing the appeal;
(ii)
Give public notice of the hearing;
(iii)
Give notice to the parties in interest; and
(iv)
Decide the appeal within a reasonable time.
(2)
Any party may appear at the hearing in person or by his agent or attorney.
(d)
In compliance with this subtitle, the board:
(1)
May reverse, affirm, or modify the decision appealed from; and
(2)
For this purpose:
(i)
May make any order, requirement, decision, or determination that it considers proper; and
(ii)
Has all the powers of the administrative agency from which the appeal is taken.
Md. Code Ann., Transp. § 5-614 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–614LinkCopy Citation
(a)
The legislative body of a political subdivision may authorize the board of appeals in cases of practical difficulty or unnecessary hardship to grant specific variances from the airport zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established by the legislative body.
(b)
If the board is authorized to grant variances, 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.
(c)
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.
Md. Code Ann., Transp. § 5-615 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–615LinkCopy Citation
(a)
Any aggrieved person or any officer or agency of the political subdivision may appeal from a decision of the board of appeals to a court of competent jurisdiction.
(b)
If, at the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a commissioner to take the evidence that the court directs and report to the court with his findings of fact and conclusions of law. These findings and conclusions constitute a part of the proceedings on which the determination of the court shall be made.
(c)
The court may:
(1)
Reverse, affirm, or modify the decision brought up for review; and
(2)
If necessary, order further proceedings by the board of appeals.
(d)
It is not necessary to join the board of appeals as a party.
(e)
An appeal under this subtitle has preference over all other civil actions and proceedings.
(f)
An appeal may be taken to the Appellate Court of Maryland from any decision of the court of record reviewing the decision of the board of appeals.
Md. Code Ann., Transp. § 5-616 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–616LinkCopy Citation
(a)
A political subdivision that owns, controls, or operates an airport may acquire, by purchase, grant, lease, or condemnation, any property, including any air right or interest, needed to eliminate an airport hazard, to protect the aerial approaches to the airport, or to effectuate the purpose of this subtitle, if:
(1)
A nonconforming use, structure, or tree or other vegetation is an airport hazard, and it is necessary or desirable to remove, lower, or otherwise terminate it;
(2)
Because of constitutional limitations, the aerial approaches to the airport cannot be made or kept safe by airport zoning regulations adopted under this subtitle;
(3)
It is advantageous to make and keep aerial approaches to the airport safe by the acquisition of property rather than by airport zoning regulations; or
(4)
Any zoning regulation or any action of a zoning authority interferes with the use or enjoyment of private property or otherwise infringes on private property rights so much that it would be taking of private property without the just compensation required by the Constitution of the United States or the Maryland Constitution.
(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.
Md. Code Ann., Transp. § 5-617 (2026)
Title 5. Aviation
Subtitle 6. Airport Zoning -- by Political Subdivisions
§ 5–617LinkCopy Citation
(a)
(1)
Each political subdivision, by action of its legislative body, may provide for the enforcement of this subtitle and of any rule, regulation, or ordinance or other legislation adopted under it.
(2)
In addition to any other remedy, the political subdivision or its proper agency may institute or cause to be instituted any appropriate legal, equitable, or criminal action to enforce any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted under this subtitle.
(b)
Any person who violates any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted by a political subdivision under this subtitle is guilty of a misdemeanor and on conviction:
(1)
Is subject to the punishment of fine or imprisonment or both provided for by the political subdivision; or
(2)
If the political subdivision does not provide for any punishment, is subject to a fine of not more than $500 for each day or part of a day that the violation continues.