In this subtitle the following words have the meanings indicated. “Airport” means any airport licensed by the Administration. “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24-hour period at a given location. “Impacted land use area” means an area within a noise zone occupied by a land use with a limit for cumulative noise exposure that is less than the actual cumulative noise exposure in that area. “Limit for cumulative noise exposure” means the maximum cumulative noise exposure for a given land use that is compatible with that land use. “Noise zone” means an area of land surrounding an airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director. “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.

The purpose of this subtitle is to: Provide a positive basis for abatement of existing noise problems in communities near airports and to prevent new noise problems; and Protect the health and general welfare of the occupants of land near airports.

With the endorsement of the Secretary and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Executive Director shall adopt regulations that establish limits for cumulative noise exposure for residential and other land uses on the basis of the noise sensitivity of a given land use. In adopting limits under this section, the Executive Director shall: Consider: The general health and welfare; The rights of property owners; Accepted scientific and professional standards; and The recommendations of the Federal Aviation Administration and Environmental Protection Agency; and Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost and without impairing the safety of flight, is consistent with attaining the environmental noise standards adopted by the Maryland Department of Health.

Each airport operator, including each person intending to operate a proposed airport, shall assess the noise environment created by the operation and projected future use of the airport. The assessment method shall follow the procedures that the Executive Director establishes for calculating or measuring cumulative noise exposure. The assessment shall delineate any noise zone and identify any impacted land use area. If an impacted land use area exists within a noise zone, the airport operator shall develop a noise abatement plan to reduce the size of or eliminate the impacted land use area by altering the coverage of the noise zone through the application of the best available technology, at a reasonable cost and without impairing safety of flight. The plan may include: A development of runway and flight path use to reduce adverse noise impact; Establishment of noise abatement glide slopes; Establishment of noise abatement flight and ground procedures; Restrictions on operations of noisy aircraft; Restrictions on noisy maintenance operations; Relocation of runways; and Acquisition of property to reduce the size of or eliminate an impacted land use area. Unless required earlier as part of an environmental impact study or by the Executive Director, an assessment of the noise environment for each airport and any noise abatement plan required by this section shall be submitted to the Executive Director for approval by July 1 of each fifth year after July, 1976. Before the Executive Director approves any assessment or plan, the Executive Director shall furnish it to the chief executive officer and the zoning board of any affected political subdivision and give them an opportunity to comment.

As to each noise abatement plan the Executive Director approves, the airport operator shall: Begin to carry out the plan within 6 months of its approval; and Except as provided in paragraph (2) of this subsection, fully carry out the plan within 18 months of its approval. The Executive Director may grant a delay of up to 2 years to carry out the plan fully if the Executive Director finds that, despite the good faith efforts of the operator, the operator cannot comply with the schedule required by this subsection. After notice and a public hearing, the Executive Director shall certify and publish, as a noise zone for purposes of Parts III and IV of this subtitle, any noise zone that results from an approved assessment or an approved plan. On application by the airport operator or an affected political subdivision, the Executive Director shall consider any adjustment to an approved plan or noise zone that is needed to reflect potential operational changes, changes in adjoining land uses, or other factors. Adjustments may be made only by recertification of the noise zone by the Executive Director, after notice and a public hearing. Before any hearing under this section, the Executive Director shall give the chief executive officer and zoning board of any affected political subdivision an opportunity to comment. After certification of a noise zone, the Administration shall notify them of the certified noise zone. The Executive Director may adopt rules and regulations for monitoring compliance with approved plans.

The Executive Director may help to develop and carry out any noise abatement plan required by this subtitle. His help may include technical and financial aid.

For airports not owned by this State, within 180 days after the Executive Director certifies and publishes a noise zone under Part II of this subtitle, each political subdivision that has a noise zone wholly or partly within its jurisdiction shall adopt, under its police power, noise zone regulations establishing local noise zones. These noise zones may not be less restrictive than the noise zone certified by the Executive Director. The political subdivision shall identify the noise zones established under this section on each zoning map, comprehensive plan, and other appropriate document. If a political subdivision has or adopts a general zoning ordinance, any noise zone regulations adopted under this section 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. The legislative body of a political subdivision that adopts noise zone regulations under this section may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. However, the administrative agency may not be or include any member of the board of appeals.

If a political subdivision fails to adopt noise zone regulations as required by this part, the Administration shall adopt, administer, and enforce appropriate regulations for any noise zone wholly or partly within the jurisdiction of the subdivision. An appeal from a decision of the Administration may be made in the manner provided in §§ 5-814 and 5-816 of this subtitle.

Unless a person has an appropriate permit issued by the political subdivision, the person may not, in a noise zone established under this part: Establish or construct any new structure; Make any new use of any existing structure or land; or Substantially alter any existing structure or use of land. A political subdivision may not grant a permit if the proposed action would enlarge the size of or create an impacted land use area. Before a political subdivision acts on any permit application, the political subdivision shall notify the Administration of the application and give the Administration an opportunity to comment.

The legislative body of a political subdivision may provide for a board of appeals with the power: To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the political subdivision or its administrative agency in the enforcement of this part or of any ordinance or other legislation adopted under this part; and To hear, decide, and, in proper cases, grant specific variances from noise zone regulations adopted under this part, subject to § 5-815 of this subtitle. 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. Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members. 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. On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause. A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle. 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. 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. 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. 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. The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this part.

Appeals to the board of appeals may be taken by the Administration, by any aggrieved person, or by any officer or agency of the political subdivision affected by any decision of the administrative agency. 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. Before the hearing, the agency also shall send a copy of the decision to the Administration and give it an opportunity to comment. 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. 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. The board shall: Set a reasonable time for hearing the appeal; Give public notice of the hearing; Give notice to the parties in interest; and Decide the appeal within a reasonable time. Any party may appear at the hearing in person or by his agent or attorney. In compliance with this part, the board may: Reverse, affirm, or modify, the decision appealed from; and For this purpose: May make any order, requirement, decision, or determination that it considers proper; and Has all the powers of the administrative agency from which the appeal is taken.

Subject to the provisions of this subtitle, the board of appeals may grant specific variances from noise zone regulations adopted under this part, if the design of a proposed structure or the repair, replacement, or change of a structure or use of land provides for sound insulation adequate to insure that interior noise levels resulting from airport operations will not exceed those levels that would occur if the structure or land use were outside of the noise zone. Any person who desires to use his property in a manner prohibited by a noise zone regulation adopted under this part may apply to the board for a variance from the regulation. The board may condition any variance so as to require the owner of any structure or land use to which the variance applies to construct the proposed structure or to repair, replace, or change the structure or use of land at his expense in a way that meets the requirements of subsection (a) of this section. When reviewing a request for a variance under the airport noise zone regulations, the board shall consider any facts and circumstances relevant to the request for variance, including any testimony or evidence presented regarding possible impacts on the surrounding community of the grant or denial of the proposed variance.

The Administration, 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. 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. The court may: Reverse, affirm, or modify the decision brought up for review; and If necessary, order further proceedings by the board of appeals. It is not necessary to join the board of appeals as a party. 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.

For all airports owned by this State, the Executive Director shall discharge all of the obligations required of an airport operator by §§ 5-805 and 5-806 of this subtitle, including the delineation of noise zones and the establishment of any required noise abatement plans.

After the Executive Director certifies and publishes a noise zone for a State-owned airport, he shall adopt, administer, and enforce regulations for the airport in the same manner that a political subdivision enforces its regulations under Part III of this subtitle. As to new airports, the Executive Director shall establish noise zones, any required noise abatement plan, and noise zone regulations as follows: For any newly constructed State-owned airport, before the initial operation of the airport; and For any newly acquired State-owned airport, within 1 year of the acquisition of the airport.

Unless a person has an appropriate permit issued by the Administration, the person may not, in a noise zone established under this part: Establish or construct any new structure; Make any new use of any existing structure or land; or Substantially alter any existing structure or use of land. Notwithstanding subsection (a) of this section, the Administration may not require any person to obtain a permit to construct an addition to a residential structure in a noise zone established under this part, if: The resultant improved structure retains the same number of family dwelling units; and The addition is not made eligible for participation in any State funded noise assistance program established under Subtitle 12 of this title. The Administration may not grant a permit if the proposed action would: Enlarge the size of or create an impacted land use area; or Violate local land use and zoning laws. Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established under this subtitle.

Appeals to the Board of Airport Zoning Appeals may be taken in the manner set forth in § 5–814 of this subtitle by any aggrieved person or by any officer or agency of a political subdivision affected by the decision of the Administration. The Board of Airport Zoning Appeals may grant variances for State–owned airports in the manner set forth in § 5–815 of this subtitle. The Board of Airport Zoning Appeals shall condition any variance prerequisite to the grant of a permit required by § 5–821 of this subtitle so as to require the applicant to: Construct the proposed structure so as to comply with all applicable noise insulation regulations promulgated by the Administration; and Grant to the Administration an avigation easement as defined by § 5–1201(d) of this title, such easement including a provision relinquishing any right to receive remuneration or other compensation or benefit under any program of this State designed to allay, abate, or compensate for the effects of aircraft noise and emissions in connection with the operation of Baltimore–Washington International Thurgood Marshall Airport. After consultation with the Board of Airport Zoning Appeals and affected local governments, the Administration shall adopt regulations to further the intent of this section and to meet the sound insulation goals set forth in § 5–815(a) of this subtitle. Any aggrieved person or any officer or agency of an affected political subdivision may appeal from a decision of the Board of Airport Zoning Appeals in the manner set forth in § 5–816 of this subtitle. Upon timely application, an affected political subdivision may intervene in any appeal taken under this subtitle to the Board of Airport Zoning Appeals or to a court of competent jurisdiction.

The Executive Director may acquire, by purchase or condemnation, any property for noise compatibility purposes in any noise zone surrounding a State-owned airport. Any property acquired under subsection (a) of this section may be resold, with or without deed restrictions, or leased, wholly or partly. However, if the disposition of an interest in real property is for a nonairport related use, it shall be made in accordance with plans of the political subdivision in which the property is located.

If the State purchases real property within the noise zone of Baltimore-Washington International Thurgood Marshall Airport for noise mitigation purposes with federal, State, or local funds, the Administration may not use the real property to construct or extend any terminal, fuel farm, runway, or taxiway. This section does not preclude the Administration from purchasing real property for noise mitigation purposes or for projects to promote the public safety as it is affected by existing or future airport operations and facilities.