Transportation (GTR) — Title 8. Highways

The title to which or the easement for the use of which, is vested in a public body or governmental agency; and

That is not a State highway or located in Baltimore City.

A median divider separating opposing traffic lanes to eliminate head-on collisions and sideswiping;

Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;

Points of entrance and exit limited to predetermined locations;

Vertical curves long enough to provide long sight distances; and

Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.

Rights-of-way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

Any other property acquired for the construction, operation, or use of the highway.

“Maintenance” means the upkeep and repair by which a highway, building, equipment, and other property is kept in an ordinarily efficient operating condition.

“Maintenance” does not include construction, reconstruction, or relocation.

“Railroad grade separation” means any overpass or underpass that eliminates a railroad grade crossing.

“Railroad grade separation” includes:

Improvements in highway maintenance and safety;

Projects that modify existing highways but provide for minimal relocation or new highway construction; and

Improvements in, or adoption of, transit alternatives, including mass transit alternatives.

The Administrator serves at the pleasure of the Secretary and shall report directly to him.

Subject to the authority of the Secretary, the Administrator is responsible for carrying out:

The Administration shall:

If there is no State highway within the limits of the bicycle and pedestrian priority area, the plan shall be developed by the local government.

A plan for traffic management in a bicycle and pedestrian priority area shall provide for:

Subject to § 2–103.4 of this article, the Administration may employ engineers, accountants, professional and technical experts, surveyors, skilled and unskilled laborers, advisors, consultants, and any other agents and employees that it considers necessary to carry out its powers and duties.

Any employee of the Administration may be bonded or covered by an insurance policy as determined by the State Treasurer under § 5–108 of the State Government Article.

The Administration may determine the compensation of executive management positions, as recommended by the Secretary of Transportation and approved by the Governor, subject to approval in the budget.

Plan, select, construct, improve, and maintain the State highway system; and

By July 1, 1997, in coordination with local governments, draft a plan for a bicycle priority route system that provides a viable network for bicycle transportation throughout the State.

On a State highway; or

At an intersection of a State highway and another highway or a municipal street.

Deficiencies in engineering, traffic control, and traffic operations; and

Appropriate corrective actions and crash reduction countermeasures that are consistent with the United States Department of Transportation’s best practices and the State’s Vision Zero program established under Subtitle 10 of this title, if warranted.

Highway context, such as proximity of the highway to mass transit and whether the highway is in an urban or rural area;

The different modes of transportation using the highway; and

Prior crashes in the vicinity.

Complete an infrastructure review within 6 months after being notified by law enforcement of a pedestrian or bicyclist fatality; and

Publish the review on its website.

The Administration shall keep books that show in detail all expenditures made to establish or improve highways in this State or to perform any other of its duties.

The Administration shall compile and publish annually and shall keep copies of maps, plans, and statistics that show the progress and status of work on all State highways and, by county, the county roads of each county in this State.

The Administration shall keep a record of each contract, agreement, grant, or license that it makes or issues.

To the State Roads Commission, means the Administration; and

To the Director of Highways or the Chairman of the State Roads Commission, means the Administrator.

In this section the following words have the meanings indicated.

“Erect” has the meaning stated in § 8–701 of this title.

“Outdoor sign” has the meaning stated in § 8–701 of this title.

“Private entity” includes an individual, a corporation, a general or limited partnership, a limited liability company, a joint venture, a business trust, a public benefit corporation, a nonprofit entity, or any other business entity.

The term of a contract that the Administration enters into under this subsection shall be at least 1 year.

A private entity that purchases or leases naming rights for a rest area or welcome center within a State highway right–of–way under this section may erect outdoor signs along the highway for the purpose of sponsoring the designation.

All costs associated with outdoor signs erected under this subsection shall be paid by the private entity that purchases or leases the naming rights for the rest area or welcome center, including the costs of construction, installation, operation, maintenance, and removal of the signs.

Outdoor signs under this subsection:

At least two of the regional members of the Commission shall be registered members of one of the two leading political parties in this State other than the party to which the Governor belongs.

Of the regional members of the Commission:

Each regional member of the Commission serves for a term of 5 years and until his successor is appointed and qualifies. The terms of these members shall be staggered as required by prior appointments, three of which were made for a 1–year term beginning June 1, 1959, three of which were made for a 2–year term beginning June 1, 1959, and one of which was made for a 4–year term beginning June 1, 1969.

A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

The Commission shall meet at least twice each month and at any other time that the Chairman or the Secretary requests.

A majority of the members of the Commission constitutes a quorum for the conduct of its business.

Keep accurate minutes of all meetings and records of all other transactions of the Commission;

Make copies of all notices that the Chairman directs to be published;

Preserve all certificates of publication; and

Perform any other duties imposed by law or assigned by the Chairman.

An assistant secretary has the duties provided by law, assigned by the Chairman, or delegated by the Commission secretary.

If the Commission secretary temporarily is unable to perform his duties, an assistant secretary designated by the Chairman shall perform those duties.

The Commission secretary shall keep a journal for the Commission and enter in the journal detailed minutes of meetings and records of other transactions of the Commission.

The Chairman and the Commission secretary shall attest to the accuracy of each entry in the journal at the next Commission meeting held after the entry is made.

That are vested in it by Article III, § 40B of the Maryland Constitution, subject to and in accordance with the provisions of Subtitle 3, Parts III and IV of this title; and

That otherwise are vested in it by law or delegated to it by the Administrator or the Secretary.

Notwithstanding any other provision of law, any political subdivision or agency of State or local government may transfer to this State, for use by the Administration in a highway project, any publicly owned property or jurisdiction over it, as necessary or desirable for that project.

If title to property already is held by this State for the use of a political subdivision or agency of State or local government and the political subdivision or agency consents to the transfer, this State may transfer to itself, for use by the Administration in a highway project, any required part of the property or jurisdiction over it.

The terms of a transfer of property under this section shall be those that the Administration and the transferor agree to as reasonable and fair.

A transfer under this section may be made even if the property is used or is intended to be used for another public purpose.

Neither a transfer under this section nor the terms of the transfer may modify or impair any contract, commitment, declaration of trust, or similar instrument made by the transferor.

A county road to this State; or

A State highway to the political subdivision.

Notify the local governing body of any county and any municipality within which the property is located of the intent to acquire the property and the purpose for which it is to be acquired; and

Provide such local governing bodies at least 30 days in which to submit comments on the proposed acquisition.

The date on which the Administration or Commission takes possession or has the right to take possession of the property; or

The date on which the title to the property is transferred.

Subject to paragraph (2) of this subsection, if any property acquired under this subtitle is subject to a front-foot or other benefit assessment levied by a special tax district, the amount of the assessment unpaid at the date of the acquisition, including any interest on the assessment accrued to that date, immediately becomes due and payable to the special tax district and constitutes a lien against the property.

If the property acquired is only a part of a larger lot, parcel, or other unit of land on which a single assessment is levied, the amount of the unpaid assessment and accrued interest that becomes due and payable and subject to this section is limited to that percentage of the full assessment and interest that is equitably attributable to the part acquired, computed and prorated in accordance with the basis, whether front footage, size, number of units, or otherwise, by which the full assessment was computed for and levied on the entire lot, parcel, or other unit.

If the property is acquired by condemnation, the provisions of this subsection apply.

If the special tax district is not a party to the condemnation proceeding, the jury may consider the amount of the unpaid assessment in determining the amount of damages. If it does so, the property owner is entitled to the full amount awarded for the property value, and the amount due for the unpaid assessment shall be paid by the Administration to the special tax district. If it does not do so, the Administration shall provide for the payment of the unpaid assessment as required by subsection (b) of this section.

If the special tax district is a party to the condemnation proceeding, the jury shall make:

Notwithstanding any other statute to the contrary, if land acquired under this subtitle is not needed for present or future State, county, or municipal transportation purpose or other public purposes, the Administration shall dispose of the land as soon as practicable after the completion or abandonment of the project for which the land was acquired.

Before the sale:

The Administration shall notify the public of the sale by:

The notice of the sale shall:

The sale shall be held on or near the land and may be conducted by Administration personnel.

At the conclusion of the sale, the Administration’s representative in charge of the sale shall announce publicly the name of the highest bidder and the amount of the bid. If the highest bid does not approximate the appraised value of the land, the representative may reject all bids and cancel the sale.

The results of the sale shall be recorded and, if the highest bid was accepted by the Administration’s representative, presented to the Administrator for approval or rejection. If the Administrator approves the sale, the Administrator may execute a deed conveying the land to the buyer.

If there is no bidder for the land, if all bids are rejected and the sale canceled as provided in paragraph (6) of this subsection, or if the Administrator considers all bids inadequate, the land shall be reoffered for sale within 6 months on the same terms and in the same manner as the original sale.

At the second sale, if there is no bidder for the land, if all bids are rejected and the sale canceled as provided in paragraph (6) of this subsection, or if the Administrator considers all bids inadequate, the Administrator may negotiate a sale of the land. If the Board of Public Works approves the negotiated sale and the deed, the Administrator may execute a deed conveying the land to the buyer.

Notwithstanding any other provision of this section, the Administration may convey land from an abandoned or completed transportation project by exchanging the land for privately or publicly owned land of substantially equal value when the land to be acquired by the exchange is needed for a current State highway purpose that has been identified within the current consolidated transportation program as approved by the General Assembly, or has otherwise received prior legislative approval for planning.

In the case of an abandoned or completed project, the person from whom the land was acquired, or the successor in interest of that person, shall have the first right of refusal to reacquire the land, except that the offer and acceptance shall be as follows:

The person from whom the land was acquired, or the successor in interest of that person, is deemed to have waived its right of first refusal if the person or the successor in interest fails to follow the procedures set forth in paragraph (2) of this subsection.

In the case of a completed project or an abandoned project for which the right of first refusal was waived, the procedure for the exchange shall be as follows:

Before the exchange:

In the event that the properties to be exchanged are determined to be of unequal value, the Administrator may agree to accept or pay an amount necessary to substantially equalize the value of land conveyed by the State.

The owner of land exchanged under this subsection is not entitled to first right of refusal if the exchanged land is later offered for sale by the State.

Except as required by this section for property from an abandoned project, this section does not prevent the Administration from conveying any of its surplus land to an adjacent property owner:

If the Administration believes that any land proposed for sale under this subsection has a value of more than $25,000, the land shall be appraised by at least one independent, qualified real estate appraiser.

If the Board of Public Works approves the sale and the deed, the Administrator may execute a deed conveying the land to the adjacent property owner.

Needs the property for a public purpose; and

Pays the Administration an amount equal to the lesser of:

If the land is not to be used for any other public purpose by a State or local agency, the person from whom unimproved land was acquired shall have the first right of refusal to lease back the property at the fair market rent established by the acquiring agency.

Notwithstanding any other law to the contrary, the Administration may, after giving notice to the Maryland Department of Planning and with the approval of the Board of Public Works, convey any of its surplus land if the conveyance will promote economic development in the State of Maryland.

Prior to conveying land in accordance with paragraph (2) of this subsection, the Administration shall notify the former owner of that person’s right to reacquire the land.

Within 45 days after the notice to the former owner by the Administration that the land is not needed and is available for reacquisition, the former owner may notify the Administration of its intent to exercise the right to reacquire the land in accordance with this subsection.

Within 45 days of the notice to the county or municipal corporation by the Administration that the land is not needed and is available for purchase, the county or municipal corporation in which the property is located may notify the Administration of its interest in purchasing the land.

The right of a former owner to reacquire land under this subsection:

The notification and disposition provisions contained in this section do not apply to a conveyance made under this subsection.

Land conveyed under this subsection shall be subject to local zoning laws.

The Secretary shall establish a State Highway Access Valuation Board in the Administration.

The Board shall consist of:

The Administrator or the Administrator’s designee shall serve as chairman of the Board.

The Board shall determine the times and locations of its meetings and shall conduct business in accordance with procedures established by the Board.

A member of the Board:

The Administration shall provide staff to the Board.

This subsection does not apply to an interstate highway.

If an owner of property that abuts a State highway where the State owns control of access seeks to purchase a right of access to the highway, the owner may petition the Administration to sell to the owner a right of access.

Within 60 days of receiving a petition under paragraph (2) of this subsection, the Administration shall act on the petition.

The Administration shall:

If the Administration is willing to grant access to a State highway to the owner of abutting property but is unable to determine the cost within the time required under paragraph (3) of this subsection, the Administration shall inform the property owner of the cost of the right of access within 60 days after its response under paragraph (4)(i) of this subsection.

Review the appeal and request any documentation that the Board considers necessary to fully consider the property owner’s request to purchase the right of access and the Administration’s response;

Hold at least one public hearing on the appeal of the property owner and response of the Administration; and

Evaluate the appeal in terms of the impact that a grant of access rights would have on economic development, environmental protection, and other policy considerations that the Board considers relevant.

At any time following the public hearing, but within 6 months of the date of the petition, the Board shall render a final decision on the appeal.

The Board may affirm, reverse, or modify the decision of the Administration on the cost of the right of access from which the property owner appealed.

The Board may include the terms of the sale related to the cost of the right of access in its decision on the cost of the right of access.

A decision by the Board under this subsection:

Any land may be acquired under this subtitle for any State highway construction purpose.

Any land along or near any State highway may be acquired under this subtitle:

A motel, restaurant, or gasoline or automobile service station may not be operated or permitted by the Administration or by any other agency or political subdivision of this State on any highway or related parking or service area the land for which was acquired under this subtitle.

This subsection does not apply to any toll highway.

Erect buildings or other structures;

Construct a private drive or road;

Remove or destroy shrubbery or trees;

Place trash or unsightly or offensive material on the land; or

Display signs, billboards, or advertisements on the land.

To promote the public safety, convenience, and enjoyment of travel on and protect the public investment in the highways of this State;

To restore, preserve, and enhance scenic beauty along these highways; and

To enable this State to receive from and spend the nonmatching funds provided by the federal government under Title 23 of the United States Code.

To restore, preserve, or enhance scenic beauty along federal-aid highways in this State; or

To construct publicly owned and controlled rest and recreation areas and sanitary and other facilities along the highway as necessary to accommodate the traveling public.

The property is cut off from suitable access to a public highway because of the construction or reconstruction of any controlled access highway; or

The property is needed to provide a right-of-way or entrance to a public highway from any property that has been denied access to a public highway because of the construction or reconstruction of a controlled access highway.

Complete appropriate engineering and other studies; and

Prepare a construction plan that shows:

The construction plan;

The fee simple and easement area to be acquired, by showing:

According to information obtained by the Administration, the property lines of the property owners whose property will be affected by the acquisition.

Make the engineering and real estate studies, evaluations, and investigations necessary to determine, in its opinion:

Prepare an estimate of this fair value and fair compensation; and

Provide for payment of these estimated amounts as required by § 8-323 of this subtitle.

The Chairman of the Commission shall sign the cover sheet of each set of plats; and

A set of plats and its signed cover sheet shall be filed for record with:

The secretary of the Commission shall record the plats filed with him.

Plats filed with the State Archives shall be electronically recorded as provided in § 9-1011 of the State Government Article.

Except as permitted by the Commission, the plats prepared by the Administration are not public information or open to public inspection until they have been recorded; and

Except when filed with a board of property review or a court, the estimates prepared by the Administration are not public information or open to public inspection until all the property shown on the plats has been acquired or its price determined.

File, in the court for the county in which the property to be acquired is located, a petition for condemnation that includes:

Pay to the owner of the property or into the court for the owner’s benefit, the estimated fair value and fair compensation specified in the petition.

The Commission may take possession of the property to be acquired, as shown on the recorded plats;

The Administration may proceed with construction without interference by the owner; and

With the permission of the Administration and under its supervision, any public or private utility may install its facilities on any land being acquired by the Commission in fee simple.

The Commission determines that valid, marketable title is unobtainable without a court proceeding; or

A nonresident has an interest in the property and will not accept service of process and agree to the board’s jurisdiction.

There is a board of property review in each county.

If necessary, additional boards may be appointed in any county.

Each board of property review of a county has three members who are appointed by the judges of the circuit court for the county.

Of the members of each board:

A member of the General Assembly may not be a member of a board during his term of office.

Each board member serves for a term of 2 years and until his successor is appointed and qualifies.

A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

Shall hear promptly all cases certified to it by the Commission;

Shall determine the total amount of the award to be paid by the Commission; and

May determine the portion of an award to be paid to persons, other than the fee owner, who have an interest in the property.

All of the motor vehicle fuel tax;

Except as otherwise provided by law, two–thirds of the revenue from the vehicle titling tax, excluding revenue attributable to:

Except for revenues collected under Title 13, Subtitle 9, Parts III and IV of this article, vehicle registration fees;

The revenue disbursed to this Account under § 2–614 of the Tax – General Article; and

80% of the funds distributed on short–term vehicle rentals under § 2–1302.1 of the Tax – General Article to the Transportation Trust Fund from the sales and use tax.

An amount equal to 8.3% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to Baltimore City;

An amount equal to 3.2% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed as provided in § 8–404 of this subtitle; and

An amount equal to 2.0% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be distributed as provided in § 8–405 of this subtitle.

For fiscal year 2024:

For fiscal year 2025:

For fiscal year 2026:

For fiscal year 2027:

For fiscal year 2028 and each fiscal year thereafter:

The capital grants made under this subtitle shall be appropriated only if all debt service requirements and departmental operating expenses have been funded and sufficient funds are available to fund the capital program.

One half on a county road mileage basis, as provided in subsection (b)(1) of this section; and

One half on a motor vehicle registration basis, as provided in subsection (b)(2) of this section.

The amount that results from applying to one half of these highway user revenues the ratio that, as of December 1 of the preceding calendar year, the total mileage of county roads in the county, not including the total mileage of county roads in eligible municipalities in the county, bears to the total mileage of county roads in all of the counties, not including the total mileage of county roads in eligible municipalities in the State; and

The amount that results from applying to one half of these highway user revenues the ratio that, as of December 1 of the preceding calendar year, the total number of motor vehicles registered to owners having addresses in the county, not including motor vehicles registered to owners having addresses in eligible municipalities in the county, bears to the total number of motor vehicles registered to owners in all the counties, not including motor vehicles registered to owners having addresses in eligible municipalities in the State.

One half on a municipal road mileage basis, as provided in subsection (c)(1) of this section; and

One half on a motor vehicle registration basis, as provided in subsection (c)(2) of this section.

The amount that results from applying to one half of the available revenues the ratio that, as of December 1 of the preceding calendar year, the total mileage of county roads in the eligible municipality bears to the total mileage of county roads located in eligible municipalities in the State; and

The amount that results from applying to one half of the available revenues the ratio that, as of December 1 of the preceding calendar year, the total number of motor vehicles registered to owners having addresses in the eligible municipality bears to the total number of motor vehicles registered to owners having addresses in eligible municipalities in the State.

Paid to the county and retained by it as credits to the district; and

Applied to the cost of maintaining the streets and roads in the district so long as the district has any indebtedness.

If a county’s or municipality’s road construction, reconstruction, or maintenance is performed by the Administration, the county’s or municipality’s share of highway user revenues shall be credited to the account of the Administration to be spent on warrants of the State Comptroller.

If a county has paid any debt service on bonds or other evidences of obligation issued by a municipality in the county for the construction, reconstruction, or maintenance of roads or streets, an amount sufficient to reimburse the county for these payments shall be paid to the county from the municipality’s share of highway user revenues.

In all other cases, a county’s or municipality’s share of highway user revenues shall be paid to or on the order of:

At monthly intervals; or

At other appropriate times reasonably requested.

Costs incurred in the construction, reconstruction, or maintenance of its highways and streets;

Costs incurred in its other highway related activities for:

The payment of its debt service on bonds or other evidences of obligation for:

The cost of transportation facilities, as defined in § 3–101 of this article; or

As to Kent County:

First, to pay debt service on outstanding bonds or other evidences of obligation issued before June 1, 1947, by or for the county or any municipality in the county to finance construction, reconstruction, or maintenance of roads or streets, to the extent that gasoline tax revenues have been lawfully dedicated, pledged, or otherwise committed to that debt service, so that the dedication, pledge, or commitment remains unimpaired and continues as a charge against the county’s share of the gasoline tax to the same extent that it was a charge against any gasoline tax revenues under prior laws; and

Then, as to the remainder of the county’s share, to pay or finance:

The cost of transportation facilities, as defined in § 3–101 of this article;

The construction, reconstruction, or maintenance of roads or streets; and

Debt service on bonds or other evidences of obligation lawfully issued by or for the municipality for the construction, reconstruction, or maintenance of roads or streets.

Baltimore City, any county, or any municipality that receives highway user revenues may spend a reasonable part of its net share for these purposes; and

The Administration, Baltimore City, any county, or any municipality that receives highway user revenues may credit a part of them to a financial reserve or a special fund to be used within 10 years for these purposes.

Their establishment would be contrary to public safety;

Their cost would be too great considering their need or probable use; or

The sparseness of population, the existence of other available ways, or other factors show that there is no need for them.

If requested by a local government, the Administration shall provide technical assistance and advice on carrying out the purposes of this section.

The Administration shall recommend construction standards for footpaths, bridle paths or horse trails, and bicycle trails and shall establish a uniform system of signs for all the footpaths, bridle paths or horse trails, and bicycle trails constructed under this section, whether construction is undertaken by the Administration or by the local government.

Pedestrians;

Nonmotorized vehicles;

Electric personal assistive mobility devices, as defined in § 21–101(j) of this article; and

Personal delivery devices, as defined in § 21–104.5 of this article.

On or before January 1 of each year, Baltimore City, each county, and each eligible municipality that received highway user revenues in the preceding fiscal year shall submit to the Administration an accounting report that:

On or before December 1 of each year, the Administration shall provide Baltimore City, each county, and each eligible municipality with an electronic copy of an accounting report form to be used to submit the information reported under paragraph (1) of this subsection.

Accept any federal funds available to this State under the federal acts, for the use of this State or any of its political subdivisions;

In accordance with the federal acts, allocate and apportion these federal funds to itself and to the political subdivisions of this State;

Represent any political subdivision of this State for the purpose of negotiating, contracting, or dealing with the federal government as to construction and reconstruction under the federal acts;

Undertake all contracts, plans, specifications, and estimates relating to this construction and reconstruction; and

Supervise directly the construction and reconstruction work done under the federal acts.

Each political subdivision of this State may raise funds to obtain the benefits of the federal acts by:

Bonds may be issued under this subsection notwithstanding any debt or other limitation set by any other law.

Construct, reconstruct, improve, and maintain the State highway system; and

For this purpose, as agreed to by the Administration and any affected railroad company, subject to compliance with § 8-639 of this title:

Except as otherwise provided by federal law, the total cost of any project undertaken with federal funds shall be borne entirely by those funds to the extent that they are available.

If federal funds for a project are insufficient or unavailable to pay the total cost of the project, the excess of the total cost over the federal funds received shall be borne as provided by law.

In this section the following words have the meanings indicated.

“Publicly owned utility” means a utility owned or operated by a political subdivision of this State or by a public agency created under the laws of this State.

“Relocate” includes realign, raise, lower, rebuild, or remove.

Except as provided in paragraph (2) of this subsection, if, as a result of the construction, reconstruction, or improvement of an interstate highway, it is necessary to relocate any facility of a publicly owned utility, the Administration shall pay to the owner of the facility, without regard to the governmental function of the utility, the cost to the utility of the relocation, less any increase in the value of the new facility and the salvage value of the old facility.

The Administration is required to make this payment for relocation only:

May not prohibit or be construed to constitute a contract prohibiting any payment required by this section; and

Are expressly waived to the extent necessary to authorize any payment required by this section.

In this section the following words have the meanings indicated.

“Municipality” means any municipal corporation in this State that is entitled to receive federal-aid urban funds.

“Urban area” means an area with boundaries fixed by the Administration that includes and is adjacent to a municipality or other urban place having a population of at least 5,000, as determined by the latest federal census.

There is a County Highway Construction Fund in the Transportation Trust Fund.

There is a Municipality-Urban Area Highway Construction Fund in the Transportation Trust Fund.

To the County Highway Construction Fund, an amount equal to the amount of federal-aid secondary highway funds that:

To the Municipality-Urban Area Highway Construction Fund, with the approval of the releasing municipalities or urban areas, an amount equal to the amount of federal-aid urban highway funds that:

The Administration may apportion the amounts in each fund.

Each county, municipality, or urban area that participates in a program under this section shall furnish matching construction amounts.

In this section the following words have the meanings indicated.

“Board” means the Governor’s Workforce Development Board.

“Highway or capital transit construction” means actual construction, preliminary engineering, planning and research, or any other work or activity to implement federal laws for the administration of federal aid for highways or capital transit projects.

“Workforce development area” has the meaning stated in § 11–503(n) of the Labor and Employment Article.

Roadway crossings to facilitate traffic flow and highway safety; or

A hiker/biker trail in the lands between Viers Mill Road and Northwest Branch.

Keep all State highways reasonably clear of brush, snow, and other debris; and

Remove from a State highway, as soon as its presence is made known to the Administration, any animal carcass that will impede traffic or substantially endanger the safety of the traveling public.

In removing snow from highways in Garrett County, the Administration:

If, in unusual circumstances, the entrance to any home or business is blocked in the course of snow removal, the Administration shall unblock the entrance within a reasonable time.

In the event of a state of emergency or a local state of emergency, including snow, hurricane, windstorm, or a similar event, the Administration may request that the owner of a farm truck allow the Administration to use the farm truck to assist in snow removal.

The owner of a farm truck may refuse a request made under paragraph (2) of this subsection to allow the Administration to use the farm truck.

The owner of a farm truck may not allow the farm truck to be used under this subsection to assist in snow removal outside of the county in which the farm truck is registered.

The Administration shall compensate the owner of a farm truck that is used by the Administration for snow removal.

This subsection applies only if the farm truck meets the following minimum requirements:

The Administration may adopt regulations to carry out the provisions of this subsection.

An increase in chloride concentrations in the soils and waters of the State; and

Harm to soil integrity, soil organisms, and vegetation.

Establish best management practices that protect the environment from the negative impacts of road salt;

Identify all activities that may result in the release of road salt into the environment, including road salt storage, the application of road salt on highways, and the disposal of snow that contains road salt;

Take into consideration highway safety to the greatest extent possible;

Establish standards and procedures for identifying:

Establish goals for achieving a reduction of the environmental impact of road salt released into the environment;

Include a training program for all State, local, and contract personnel who perform winter maintenance activities involving the use of road salt;

Establish response procedures to address uncontrolled releases of road salt that may adversely impact the environment; and

Establish record keeping and annual reporting procedures for the quantity of road salt used, the locations where the road salt is used, and any training conducted.

Except as provided in paragraph (2) of this subsection, the Administration shall assume the full cost of installing and maintaining traffic signals required at the intersection of a State highway with any municipal street or highway or at any other place along a State highway that is within the limits of any municipal corporation.

This subsection does not apply where the traffic signal primarily will serve traffic generated by a private development, such as an apartment complex, shopping center, industrial plant, or drive–in theater.

For the purpose of providing information to the driving public on the availability of gas, food, lodging, camping, or attractions, the Administration may place along State controlled access highways specific service signs, subject to the applicable federal standards.

The business or attraction identified in a specific service sign shall pay for the full administrative and operational cost of procurement, installation, and maintenance of the sign.

Except for a sign placed or maintained by the Administration or with the authorization of the Administration, a person may not place or maintain a sign or direct, consent to, or approve the placement or maintenance of a sign, within a State highway right–of–way.

For the purposes of enforcing this subsection, the presence of a sign within a State highway right–of–way shall be evidence that the sign was placed or maintained at the direction of, or with the consent and approval of, the person or the person’s agent or representative in the State whose name, business, location, or product representation is displayed on the sign.

The Administration, a county, or a municipal corporation shall retain any civil penalties that it collects under this subsection.

These utility sleeves shall be:

Utility sleeves installed for future use shall be bricked over at each end and marked properly by the Administration or the county.

Along the rights–of–way of the State highway system; and

On other lands that the Department owns or controls.

The Environment and Transportation Committee of the House of Delegates of Maryland; and

The Education, Health, and Environmental Affairs Committee of the Senate of Maryland.

In this section the following words have the meanings indicated.

“Specification” means a standard for the compost or compost–based product used by the Administration in a highway construction project, including:

Erosion and sediment control; and

Postconstruction stormwater management.

On or before December 30, 2014, establish a specification for the acquisition and use of compost and compost–based products for:

Update the specifications established under item (1) of this subsection as necessary; and

Post the specifications established under item (1) of this subsection on the Administration’s Web site.

The volume of compost used in State highway construction projects;

The status of compost and compost–based products used in State highway construction projects; and

Recommendations to maximize the use of compost as a recycled material in State highway construction projects.

“Construction phase” means the phase in which a highway project is advanced through detailed engineering, property acquisition, and construction to completion.

This definition does not preclude the Administration from acquiring property during the project planning phase, and the completion of property acquisition does not constitute a commitment to the project’s alignment or construction.

Detailed review of alternatives;

Selection of final alignment and scope;

Preparation of final environmental impact documents;

Detailed design and engineering studies;

Any formal federal approval of design and location;

Full participation of the public; and

Full participation of local, State, and federal agencies.

Notification of local, State, and federal officials;

Initial interagency review;

Initial systems planning;

Identification of alternatives, as set forth in § 8–102 of this title, for the scope and the location of the project;

Estimates of right–of–way requirements, including available detail with respect to specific properties affected, and of cost;

Public meetings for discussion of the foregoing; and

Reports of consultants, if any have been retained for the analysis of preliminary alternatives.

“Local governing body” means:

For purposes of this part, action by the local governing body of a charter county with a county executive means a majority vote of the county council:

“Local legislative delegation” means those members of the State Senate and of the House of Delegates who represent any part of the county involved.

For purposes of this part, a “majority” of the local legislative delegation means a majority of those members of the State Senate and a majority of those members of the House of Delegates, voting separately.

In any county which is divided into more than one senatorial district, the vote of approval or disapproval for each Senator shall be in direct proportion to the number of residents living in his senatorial district to the total county population. The population figures for each county and senatorial district shall be taken from the preceding U.S. Census Report. However, if a Senator representing more than one county is voting to approve or disapprove a project in his senatorial district, he shall have the same voting authority as the Senator representing the largest percentage of the population in that county. However, in those counties represented by exactly two senators, if a project is located exclusively in one senatorial district, that Senator shall have the prevailing vote on the approval or disapproval of that project.

Current information on highway needs; and

Information necessary for the development of the State Report on Transportation, as provided in § 2-103.1 of this article.

In calendar year 1979 and in each second year following, the Administration, following an assessment of the highway conditions and transportation needs of this State, shall prepare those proposed modifications to the highway needs inventory that it considers necessary.

By July 1, 1997, the Administration, in cooperation with local governments, shall inventory State and local facilities near rail stops, light rail stops, and subway stations to determine what improvements are needed to accommodate in a safe and effective manner pedestrians and bicycles within a reasonable distance for walking and bicycling.

In preparing the proposed modifications, the Administration shall provide a copy of the proposal to and consult with the local governing body, municipalities, and local legislative delegations with respect to the proposed modifications.

The Administration shall provide a copy of the State Report on Transportation to each county and municipality prior to consultation.

The Administration may engage in project planning for any item in the current highway needs inventory and for each item, shall conduct studies to determine, among other things, the scale, location, environmental impact, and citizen reaction.

During the project planning phase, the Administration shall consult with the local governing body, municipalities, and local legislative delegation.

The Administration may include in its annual budget request the funds required to implement the project planning provided for in this subsection.

Each listed item for a secondary system shall be considered approved for the final project planning phase unless, within 90 days from submission of the list, a majority of the local legislative delegation or a majority of the local governing body disapproves that item in writing.

The local governing body and a majority of the local legislative delegation shall establish a list of priorities from among those secondary system projects listed in the needs inventory and the Administration shall engage in initial project planning upon the request of the local governing body and a majority of the local legislative delegation in the order established in the list of priorities.

On completion of the initial project planning phase for the item, it shall be approved for the final project planning phase and for construction on request of the local governing body and a majority of the local legislative delegation.

After an item is approved for the final project planning phase under this section, it may not be deleted by the local legislative delegation or the local governing body.

Any item for the primary or secondary system may be deleted if the Secretary, with the approval of the local legislative delegation and the local governing body, determines that deletion of it is desirable.

Notwithstanding the above, any item for the primary system may be deleted if the Secretary, after consultation with the local legislative delegation and local governing body, determines that the deletion of that primary project is desirable because of changes in economic or environmental conditions or because of a demonstrated lack of available funds for both that project and any alternative primary highway project.

In this section the following words have the meanings indicated.

“Roadway” has the meaning stated in § 11–151 of this article.

“Shoulder” has the meaning stated in § 21–101 of this article.