# Transportation (GTR) ## Title 5. Aviation ### Subtitle 7. Obstruction Regulations #### Section 5-701 (a) An obstruction to air navigation: (1) Interferes with the public right of freedom of transit in air commerce; (2) Endangers the lives and property of those using the airspace for transportation; and (3) Endangers the lives and property of the occupants of land in this State. (b) The public health, safety, and welfare require regulation of the erection and maintenance of obstructions to air navigation. #### Section 5-702 (a) The Administration shall adopt rules and regulations to govern the erection and maintenance of obstructions to air navigation. (b) These rules and regulations shall incorporate the Federal Aviation Administration obstruction standards except to the extent that, after public hearing, the Executive Director finds any part of the federal standards to be detrimental to the general public safety, the safety of persons operating, using, or traveling in aircraft, or the safety of persons and property on land or water. #### Section 5-703 Except as provided in Sec. 5-704 of this subtitle, a person may not build any structure, permit any structure to be built, or permit any object to grow to a height that, in violation of any rule or regulation adopted under this subtitle, constitutes an obstruction to air navigation at or near any licensed public use airport, as that term is defined in Sec. 5-301 of this title. #### Section 5-704 (a) Except as to the land area subject to jurisdiction of the Board of Airport Zoning Appeals as established under Subtitle 5 of this title, a political subdivision or a joint board established under Subtitle 6 of this title may grant any variance to a rule or regulation adopted under this subtitle, if the variance will not endanger the public health, safety, and welfare. (b) Unless the legislative body of the political subdivision or the joint board provides otherwise, any person who desires a maximum height variance may apply for the variance in accordance with the local procedure for requesting a variance to the comprehensive zoning regulations of the political subdivision. (c) If an application for a variance is made, the political subdivision or joint board shall notify the Administration of the application at least 10 days before any hearing is held on it. #### Section 5-705 The Administration, political subdivision, or joint board may require the owner of any structure or other object that exceeds the height limitations permitted by the rules and regulations adopted under this subtitle to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of the obstruction. #### Section 5-705.1 (a) In this section, "governing body of a political subdivision" means the Baltimore County Council or the County Commissioners of Carroll County. (b) If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system. (c) A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body. (d) A governing body that conducts a public hearing under this section shall: (1) Provide reasonable advance notice of the time, place, and subject matter of the hearing; (2) Provide a reasonable opportunity for all interested persons to present oral and written comments; and (3) Notify the Administration at least 10 days before any hearing is held. (e) The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who: (1) Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and (2) Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property. (f) A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations. (g) The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section. #### Section 5-706 This subtitle does not require any change in the height or location of any structure or other object in existence or any structure under construction before July 1, 1976. #### Section 5-707 If there is any conflict between any regulation adopted under this subtitle with any other regulation applicable to the same area, the more stringent limitation or requirement governs. --- Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)