There is a State Highway Administration in the Department.

The head of the Administration is the State Highway Administrator, who shall be appointed by the Secretary with the approval of the Governor. 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 powers and duties vested by law in the Administration, except those powers and duties that are vested in the State Roads Commission by Article III, § 40B of the Maryland Constitution; and Those powers and duties vested in the Secretary and delegated to the Administrator by the Secretary. The Administrator is entitled to the salary provided in the State budget.

The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, the Maryland Transportation Authority. By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be. This section does not apply to the powers and duties vested in the State Roads Commission by Article III, § 40B of the Maryland Constitution.

In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section. The Administration may adopt rules and regulations to carry out the provisions of this title. The Administration shall: Determine and may change from time to time the location, construction, geometrics, design, and maintenance of the State highway system; and If there is a State highway within the limits of an area that a local government has designated as a bicycle and pedestrian priority area, make a determination on whether the Administration should also designate the area as a bicycle and pedestrian priority area: On or before September 30, 2016, if the local government notified the Administration of its designation on or before September 30, 2015; or Within 1 year of notification, if the local government notifies the Administration of its designation on or after October 1, 2015; and If the Administration and a local government each designate an area as a bicycle and pedestrian priority area, implement a plan developed in cooperation with the local government to increase safety and access for bicycle or pedestrian traffic. 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: Appropriate changes to the location, construction, geometrics, design, and maintenance of the State highway system to increase safety and access for bicycle or pedestrian traffic in the bicycle and pedestrian priority area; and The appropriate use of traffic control devices including pedestrian control signals, traffic signals, stop signs, and speed bumps. The Administration may consult, confer, and contract with any agency or representative of the federal government, this State, or any other state or with any other person in furtherance of the duties of the Administration and the purposes of this title. 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. The Administration may purchase any machines, tools, implements, appliances, supplies, materials, and working agencies that it considers necessary to carry out any of its powers or duties under this title. The Administration may rent or lease any offices and other places that it considers necessary to carry out its powers and duties. By rules or regulations consistent with the safety and welfare of the traveling public, the Administration may govern the control and use of rest areas, scenic overlooks, roadside picnic areas, and other public use areas within State highway rights-of-way. The Administration shall: 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.

In this section, “complete streets policy” has the meaning stated in § 2–112 of this article. The Administration shall, in accordance with § 2–112 of this article, adopt a complete streets policy for State highways.

The Administration shall conduct an infrastructure review of each pedestrian or bicyclist fatality that occurs: On a State highway; or At an intersection of a State highway and another highway or a municipal street. The Administration’s infrastructure review shall identify: 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. In conducting an infrastructure review, the Administration shall consider: 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. The Administration shall: 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. Except as provided by law, all books and records of the Administration are public records and open to public inspection.

The Administration shall keep its accounts relating to State highway construction, reconstruction, and maintenance so as to make readily obtainable information on expenditures for the following: Preliminary work, including: preliminary engineering surveys; preliminary plans and estimates; preliminary engineering investigations and studies; subsoil investigations and borings; test piles; traffic studies; and traveling, transportation, and subsistence expenses of personnel assigned to preliminary work; Acquisition of rights–of–way, including: property surveys; legal costs in connection with property acquisition; cost of property acquired; appraisals; traveling, transportation, and subsistence expenses of personnel assigned to rights–of–way; and any other costs incurred in the acquisition of property; Construction, including: payments made to contractors, builders, and materialmen, including payments for all labor and material for the construction of the project; demolition; machinery; and equipment; Engineering, including: preparation of contract plans and specifications; estimates; supervision of construction; inspection of workmanship and materials; mill and shop inspection; tests of materials; control surveys; traveling, transportation, and subsistence expenses of engineers assigned to the design and preparation of contract plans and specifications, surveys, supervision of construction, and inspection of construction work; Administrative and legal services, including: accounting; supervision; legal expenses; traveling, transportation, and subsistence expenses of personnel; and other administrative expenses, including any parts of the general administrative expenses of the Administration allocated or prorated to the project; and Miscellaneous expenses, including: any other item of expense not otherwise covered by this section.

Except as provided in §§ 3–102 and 4–209 of this article or as otherwise reasonably required for purposes of Part II of this subtitle or for purposes of the powers and duties vested in the State Roads Commission by Article III, § 40B of the Maryland Constitution: Every resolution, rule, regulation, form, order, and directive adopted by or relating to the former Director of Highways of the State of Maryland or adopted by or relating to the State Roads Commission or its Chairman remains in effect until changed by the Administrator or the Secretary; and Except as otherwise provided in this article or by the Administrator or the Secretary, every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document: 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. Subject to subparagraph (ii) of this paragraph, the Administration may sell or lease to a private entity the naming rights for rest areas or welcome centers within State highway rights–of–way. The Administration may not sell or lease to a private entity the naming rights for rest areas or welcome centers within State highway rights–of–way unless the Administration determines that the proposed use of the naming rights and signage associated with the proposed use of the naming rights is in compliance with federal regulations governing the distribution of federal highway funds to the State. The term of a contract that the Administration enters into under this subsection shall be at least 1 year. A sale or lease of naming rights under this section is solely for sponsorship purposes and may not be construed to require that any official State highway sign or mailing address be altered. 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: May not be erected without prior approval by: The Administration; and The Federal Highway Administration if necessary to secure federal highway funds; May not detract from the safety of the traveling public, as determined by the Administration; Shall conform to all design and placement guidelines for acknowledgment signs provided in the federal Manual on Uniform Control Devices for Streets and Highways; May not include a name or logo that in the judgment of the Administration: Is profane, obscene, or vulgar; Is sexually explicit or graphic; Relates to excretory functions; Is descriptive of the genitals or other intimate parts of a body; Relates to or describes illegal activities or substances; Condones or encourages violence; Is socially, racially, or ethnically offensive or disparaging; or Is not in the public interest of the State; and Are subject to the requirements of Subtitle 7 of this title and any other law governing outdoor signs. Proceeds from the sale or lease of naming rights under this section shall be credited to the Transportation Trust Fund.

There is a State Roads Commission in the Administration.

The Administrator is the Chairman of the Commission. In addition to the Chairman, the Commission consists of seven regional members appointed by the Secretary with the approval of the Governor. 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: One shall be a resident of the Eastern Shore of Maryland; One shall be a resident of Anne Arundel County, Charles County, Calvert County, or St. Mary’s County; One shall be a resident of Prince George’s County; One shall be a resident of Montgomery County; One shall be a resident of Baltimore County, Harford County, or Howard County; One shall be a resident of Baltimore City; and One shall be a resident of Carroll County, Frederick County, Washington County, Allegany County, or Garrett County.

Each member of the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. 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. A regional member of the Commission is entitled to the compensation provided in the State budget, but in no event may compensation exceed $10,000 per member annually.

With the approval of the Secretary, the Chairman of the Commission may adopt any bylaws and rules of procedure that the Chairman considers necessary to conduct the business of the Commission. 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.

With the approval of the Secretary of Transportation, the Commission shall appoint a secretary to the Commission. The Commission secretary may not be a member of the Commission. The Commission secretary is entitled to the compensation that the Secretary determines, as provided in the State budget. The Commission secretary shall: 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.

The Chairman of the Commission may appoint one or more employees of the Administration to serve as assistant secretaries. 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. An assistant secretary is not entitled to any compensation in addition to that which he receives as an employee of the Administration.

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. Except as provided by law, the journal and all other records of the Commission are public records and open to public inspection.

A member of the Commission may not have any financial interest in any contract made for work, material, or otherwise in connection with any of the activities of the Administration.

The Commission has the powers and duties: 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. Only the Commission may exercise the condemnation powers and duties vested in it by Article III, § 40B of the Maryland Constitution.