# Transportation (GTR) ## Title 8. Highways ### Subtitle 6. Construction and Maintenance #### Section 8-601 (a) The Administration shall construct, reconstruct, and repair State highways as necessary and shall maintain them in good condition. (b) The Department may not spend any further funds for the construction of I-95 through Prince George's County that will involve a new or reconstructed segment connecting it to any other highway in Prince George's County. The Department may not spend any further funds for the construction of a new highway, arterial, freeway, or expressway in the lands between Viers Mill Road and Northwest Branch described in the 1980 highway needs inventory as the right-of-way reserved for the Rockville Facility in Montgomery County, including the area designated as the Matthew Henson State Park under Sec. 5-1004 of the Natural Resources Article. (c) This prohibition does not preclude construction in the right-of-way designated as the Rockville Facility of: (1) Roadway crossings to facilitate traffic flow and highway safety; or (2) A hiker/biker trail in the lands between Viers Mill Road and Northwest Branch. #### Section 8-601.1 (a) The Administration may not construct any project that will result in the severance or destruction of an existing major route for bicycle transportation traffic, unless the project provides for construction of a reasonable alternative route or such a route already exists. (b) The Administration shall develop guidelines jointly with local governments to carry out the provisions of this section. #### Section 8-602 (a) The Administration shall: (1) Keep all State highways reasonably clear of brush, snow, and other debris; and (2) 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. (b) (1) In removing snow from highways in Garrett County, the Administration: (i) Shall avoid blocking completely the entrance to any home or business adjacent to the highway; and (ii) May not throw or pile snow against any building in any way that interferes with the use of the building by its owner or occupant. (2) 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. (c) (1) (i) In this subsection the following words have the meanings indicated. (ii) "Farm truck" has the meaning stated in Sec. 13-921 of this article. (iii) "Local state of emergency" means a local state of emergency declared under Sec. 14-111 of the Public Safety Article. (iv) "State of emergency" means a state of emergency declared under Sec. 14-107 of the Public Safety Article. (2) 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. (3) 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. (4) 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. (5) The Administration shall compensate the owner of a farm truck that is used by the Administration for snow removal. (6) This subsection applies only if the farm truck meets the following minimum requirements: (i) The farm truck passed its most recent inspection under Sec. 23-302 of this article; (ii) The operator of the farm truck possesses a valid commercial driver's license and a current medical card; (iii) The owner of the farm truck meets minimum insurance requirements; and (iv) The farm truck uses ultra-low sulfur diesel fuel while being used to assist the Administration in snow removal. (7) The Administration may adopt regulations to carry out the provisions of this subsection. #### Section 8-602.1 (a) The General Assembly finds that the use of best management practices for the storage, application, and disposal of road salt is necessary to reduce the adverse impacts on the water and land resources of the State by preventing: (1) An increase in chloride concentrations in the soils and waters of the State; and (2) Harm to soil integrity, soil organisms, and vegetation. (b) The General Assembly intends, by enactment of this section, to reduce to the greatest extent possible the adverse effects of road salt runoff and to safeguard life, limb, property, and public welfare. (c) On or before October 1, 2011, the Administration, in consultation with the Department of the Environment, shall develop a road salt management best practices guidance document for use by local jurisdictions and the State to minimize the adverse environmental impacts of road salt runoff in the State. (d) The Administration shall annually update the guidance document required under subsection (c) of this section and shall make the document available to the public on the Administration's Web site. (e) In the road salt management best practices guidance document required under this section, the Administration may: (1) Establish best management practices that protect the environment from the negative impacts of road salt; (2) 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; (3) Take into consideration highway safety to the greatest extent possible; (4) Establish standards and procedures for identifying: (i) Areas that are particularly vulnerable to road salt runoff; and (ii) Additional road salt management practices that need to be implemented in these areas; (5) Establish goals for achieving a reduction of the environmental impact of road salt released into the environment; (6) Include a training program for all State, local, and contract personnel who perform winter maintenance activities involving the use of road salt; (7) Establish response procedures to address uncontrolled releases of road salt that may adversely impact the environment; and (8) 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. #### Section 8-603 If practicable, the Administration shall provide landscaping along State highways. #### Section 8-604 The Administration may name or rename any State highway. #### Section 8-605 (a) Along any State highway, the Administration may place signs, signals, or markers to inform the traveling public of directions, distances, danger, or other information. (b) (1) 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. (2) 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. (c) Signs, signals, and markers placed along any interstate highway shall conform to all applicable federal standards. (d) (1) 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. (2) (i) The Administration shall adopt regulations governing specific service signs. (ii) The regulations shall conform to all applicable federal standards, and shall govern the type, lighting, size, number, and location of specific service signs. (iii) The Administration shall consult with: (1) The Maryland Travel Council prior to drafting regulations; and (2) The Department of Commerce and the appropriate local government officials concerning the placement of specific service signs under this subsection. (3) 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. (e) Any person who removes, damages, or defaces any sign, signal, or marker placed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. (f) (1) 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. (2) (i) Without resort to legal proceedings, a sign placed or maintained in violation of this subsection may be removed and destroyed by the Administration, a law enforcement officer, or the government of the county or municipal corporation in which the sign was located. (ii) The Administration or the government of the county or municipal corporation that removed or destroyed the sign may, if the sign is a commercial sign: (1) Collect the civil penalty provided for under paragraph (3) of this subsection from the person that placed or maintained the commercial sign; and (2) Seek an injunction against further violations of this subsection in a civil action in the District Court. (3) (i) Except as provided in subparagraph (ii) of this paragraph, a person that places or maintains a commercial sign within the right-of-way of a State highway in violation of this subsection is subject to a civil penalty not exceeding $25 per commercial sign placed or maintained, which, if not paid after being cited and assessed by the Administration, county, or municipal corporation, may be recovered in a civil action in the District Court by the Administration or by the county or municipal corporation in which the commercial sign was located. (ii) A person that violates this subsection by affixing a commercial sign to a State highway sign, signal, or marker within the right-of-way of the State highway is subject to a civil penalty not exceeding $100 per commercial sign affixed. (iii) As to a county or a municipal corporation in which the commercial sign was located, the civil action in the District Court may be brought by the county attorney or, if the commercial sign was located in a municipal corporation, the municipal corporation attorney. (iv) The Administration, a county, or a municipal corporation: (1) May enforce this subsection only by the issuance of a warning for the first 3 months after initiating a sign removal program; and (2) Shall enforce this subsection on a viewpoint and content neutral basis. (4) 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. (5) The Administration, a county, or a municipal corporation shall retain any civil penalties that it collects under this subsection. #### Section 8-606 (a) Each State highway constructed or maintained under this title shall have a right-of-way that is at least 40 feet wide. (b) Each State highway that is constructed in a municipal corporation shall conform to the grade of each municipal street or highway that it crosses, as approved by the municipal authorities. #### Section 8-607 Subject to the provisions of Title 9, Subtitle 5 of the Correctional Services Article: (1) The Administration may employ incarcerated individuals, from correctional facilities in the Division of Correction, to perform reconstruction and maintenance work on any highway; and (2) On request of the Administration, the Division of Correction shall provide the Administration with incarcerated individuals who, in the sole judgment of the Division of Correction, can be utilized safely for this work with appropriate security. #### Section 8-608 (a) To eliminate the possibility of boring and jacking under a State highway and to eliminate the cost of future installation of utility facilities, the Administration, if requested by any county, shall include in the specifications for any new State highway in that county the installation of utility sleeves. (b) (1) These utility sleeves shall be: (i) Made of metal, reinforced concrete, or other suitable material; (ii) Large enough to accommodate water mains, gas mains, electric lines, telephone cables, and any other utility facilities requested by the county; and (iii) Installed from right-of-way to right-of-way. (2) Utility sleeves installed for future use shall be bricked over at each end and marked properly by the Administration or the county. (c) The county shall reimburse the Administration for the cost of the utility sleeves. #### Section 8-609 (a) The Secretary shall implement a program to control the spread of phragmites, where appropriate: (1) Along the rights-of-way of the State highway system; and (2) On other lands that the Department owns or controls. (b) The Department shall study and analyze the progress made in the control in the spread of phragmites on lands that the Department owns or controls. (c) By December 1, 1994, and on request of the committees thereafter, the Department shall submit a report under subsections (a) and (b) of this section on the management and control of the spread of phragmites to: (1) The Environment and Transportation Committee of the House of Delegates of Maryland; and (2) The Education, Health, and Environmental Affairs Committee of the Senate of Maryland. #### Section 8-609.1 In implementing a phragmites control program, the Secretary shall consider alternative management and control methods and employ only those determined not to have adverse water quality impacts. #### Section 8-609.2 A bridge may not be built on a navigable river unless authorized by the Administration. #### Section 8-609.3 (a) (1) In this section the following words have the meanings indicated. (2) (i) "Compost-based product" means an item that is manufactured from compost. (ii) "Compost-based product" includes: (1) Compost berms; (2) Compost filter socks; and (3) Compost blankets. (3) "Specification" means a standard for the compost or compost-based product used by the Administration in a highway construction project, including: (i) Application instructions; and (ii) Compost characteristics. (b) To promote the use of compost for landscaping and as a recycled material in highway construction projects in the State, the use of compost and compost-based products in highway construction projects in the State shall be a best management practice for: (1) Erosion and sediment control; and (2) Postconstruction stormwater management. (c) The Administration shall: (1) On or before December 30, 2014, establish a specification for the acquisition and use of compost and compost-based products for: (i) Erosion and sediment control practices identified in the most recent Maryland Standards and Specifications for Soil Erosion and Sediment Control; and (ii) Postconstruction stormwater management practices identified in the most recent Maryland Stormwater Design Manual; (2) Update the specifications established under item (1) of this subsection as necessary; and (3) Post the specifications established under item (1) of this subsection on the Administration's Web site. (d) Beginning December 1, 2015, the Administration shall report each year to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on: (1) The volume of compost used in State highway construction projects; (2) The status of compost and compost-based products used in State highway construction projects; and (3) Recommendations to maximize the use of compost as a recycled material in State highway construction projects. #### Section 8-610 (a) In this part the following words have the meanings indicated. (b) (1) "Construction phase" means the phase in which a highway project is advanced through detailed engineering, property acquisition, and construction to completion. (2) 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. (c) "Final project planning phase" means that portion of the project planning phase which follows the initial project planning phase. The final project planning phase includes: (1) Detailed review of alternatives; (2) Selection of final alignment and scope; (3) Preparation of final environmental impact documents; (4) Detailed design and engineering studies; (5) Any formal federal approval of design and location; (6) Full participation of the public; and (7) Full participation of local, State, and federal agencies. (d) "Highway needs inventory" means an identification of needs for highway projects, based on the latest evaluation of highway conditions and transportation needs by the Administration. (e) "Initial project planning phase" means that portion of the project planning phase which includes: (1) Notification of local, State, and federal officials; (2) Initial interagency review; (3) Initial systems planning; (4) Identification of alternatives, as set forth in Sec. 8-102 of this title, for the scope and the location of the project; (5) Estimates of right-of-way requirements, including available detail with respect to specific properties affected, and of cost; (6) Public meetings for discussion of the foregoing; and (7) Reports of consultants, if any have been retained for the analysis of preliminary alternatives. (f) (1) "Local governing body" means: (i) The county commissioners or county council of a county; or (ii) If the charter of the county provides for a county executive, the county executive and the county council. (2) 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: (i) With the approval of the county executive; or (ii) If the county executive does not grant approval within 10 days of the council action, with subsequent confirmation of the council action by two thirds of the members of the council. (g) (1) "Local legislative delegation" means those members of the State Senate and of the House of Delegates who represent any part of the county involved. (2) 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. (3) 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. (h) "Municipality" means the governing body of a municipality as defined in Sec. 1-101 of the Local Government Article. (i) "Project planning phase" means the phase in which engineering and environmental studies and analyses are conducted with full participation of the public, in addition to local, State, and federal agencies, to determine the scope and location of a proposed highway project. #### Section 8-611 (a) The Administration shall furnish members of the General Assembly and the Governor with: (1) Current information on highway needs; and (2) Information necessary for the development of the State Report on Transportation, as provided in Sec. 2-103.1 of this article. (b) (1) 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. (2) 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. (3) 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. (4) The Administration shall provide a copy of the State Report on Transportation to each county and municipality prior to consultation. #### Section 8-612 (a) (1) 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. (2) During the project planning phase, the Administration shall consult with the local governing body, municipalities, and local legislative delegation. (3) The Administration may include in its annual budget request the funds required to implement the project planning provided for in this subsection. (b) (1) (i) In calendar year 1979 and in each year following, the Administration shall submit to the local governing body and the local legislative delegation a list of items for which the initial phase of project planning has been completed. (ii) An information copy of the list shall be provided to the municipalities in the county. (iii) The list shall contain, as to each item, information necessary for the local governing body and local legislative delegation to determine whether the project may advance to the final project planning phase. (iv) Receipt of the list constitutes notice that the initial project planning phase has been completed for each item contained in it. (2) (i) Each listed item for a primary system shall be considered approved for the final project planning phase unless, within 90 days from submission of the list, the local legislative delegation and the local governing body disapproves that item in writing. (ii) Any item for a primary system deleted by this action may be reinstated at any time by act or resolution of the General Assembly. (3) 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. (c) (1) 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. (2) 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. (d) (1) 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. (2) 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. (3) 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. #### Section 8-613 (a) Before the annual submission to the General Assembly of the highway construction and reconstruction program for each county for primary and secondary highways, the secondary program to include bicycle trails and sidewalks, the Administration shall consult with the local governing body, municipalities, and local legislative delegation of each county concerning construction priorities. (b) If the Administration is unable for any reason to perform in accordance with the schedule set forth in the annual primary highway program, it shall, if so requested by resolution of either house of the General Assembly, explain in writing to the next session of the General Assembly any change in the scheduling of a particular project included in the preceding year's program. (c) If there is any change in the scheduling of a particular project in the secondary highway program for which funds have been appropriated in the preceding year, the Administration, on written request of a majority of the local legislative delegation from the county for which the project is programmed, shall explain that change in writing to the members of the General Assembly from that county. #### Section 8-613.1 By January 15 of each year, the Administration shall submit to the General Assembly, subject to Sec. 2-1257 of the State Government Article, and to the governing body of each affected county and municipality a written report setting forth the following for each primary and secondary highway project: (1) The status of all incomplete projects for which funds have been appropriated or expended for fiscal years completed before the report; (2) A statement of the funds budgeted or expended on each incomplete project in the fiscal year preceding the report; (3) A statement of the funds expended or expected to be expended in the then current fiscal year on each incomplete project; (4) A list of all projects that were completed in the fiscal year preceding the report; and (5) A statement of the total funds budgeted and expended on each project completed in the fiscal year preceding the report. #### Section 8-613.2 (a) (1) In this section the following words have the meanings indicated. (2) "Roadway" has the meaning stated in Sec. 11-151 of this article. (3) "Shoulder" has the meaning stated in Sec. 21-101 of this article. (b) The Administration shall develop procedures in accordance with subsection (d) of this section to enhance the safety of highway construction, maintenance, utility, and other highway workers during construction or maintenance work on an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more. (c) A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall incorporate the procedures developed under subsection (b) of this section into the project planning phase and construction phase of a proposed highway project for an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more. (d) (1) (i) This paragraph applies to work that is: (1) Performed in a roadway; and (2) Expected to last at least two weeks. (ii) The procedures developed under subsection (b) of this section shall ensure that for each highway construction or maintenance project, priority is given to performing the proposed highway construction or maintenance work in the absence of adjacent traffic through full or temporary closure of the highway at the location of the construction or maintenance work, if the closure is determined to be feasible after consideration of the following: (1) Safety of the traveling public; (2) Availability and feasibility of detours; (3) Access to abutting businesses, residences, and other facilities; and (4) Delays that may result from full or temporary closure of the highway. (2) (i) This paragraph applies to work that is: (1) Performed in a roadway, if a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that full or temporary highway closure under paragraph (1) of this subsection is not feasible; or (2) Performed on the shoulder and expected to last at least two weeks. (ii) A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall consider protecting highway construction and maintenance workers by means of: (1) Temporary traffic barriers; (2) Movable concrete barriers; (3) Movable link-system barriers; or (4) Other available barrier systems. (iii) Consideration of the use of barriers under this paragraph shall include consideration of the feasibility of temporarily widening a highway to allow for the installation of the barriers. (iv) For a highway construction or maintenance project that utilizes barriers under this paragraph, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for a law enforcement presence at or near the site of the construction or maintenance work in accordance with paragraph (3) of this subsection. (3) (i) This paragraph applies to work that is: (1) Performed in a roadway or performed on the shoulder; and (2) Expected to last at least two weeks. (ii) If a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that highway closure under paragraph (1) of this subsection and installation of barriers under paragraph (2) of this subsection are not feasible, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for at least one law enforcement officer to be present at or near the site of the construction or maintenance work when workers are present. (iii) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (i) of this paragraph may: (1) Be in uniform; (2) Be in a marked law enforcement vehicle; (3) Display the visual lights or signal devices installed on the law enforcement vehicle; and (4) Be located at or near the site of the highway construction or maintenance project in a manner to: (A) Enhance worker safety; and (B) Facilitate the enforcement of traffic laws. (iv) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (ii) of this paragraph may take any authorized action to enforce traffic laws at or near the project. #### Section 8-613.3 The Governor shall include in the annual operating or capital budget an appropriation to the Administration to be used to comply with the Watershed Implementation Plan in the amount of: (1) $45,000,000 for fiscal year 2015; (2) $65,000,000 for fiscal year 2016; (3) $85,000,000 for fiscal year 2017; (4) $100,000,000 for fiscal year 2018; and (5) $100,000,000 for fiscal year 2019. #### Section 8-614 (a) All State highway projects shall be performed under the supervision of the Administration and subject to its approval, in accordance with plans and specifications prepared by the chief engineer and approved by the Administration. (b) To receive the full benefit of competitive bidding, the Administration, whenever practicable, shall separate major construction projects into two or more smaller contracts. (c) The Administration shall include in construction and maintenance contracts a requirement that a contractor protect roadside trees to the maximum extent practicable in the performance of the contractor's duties under the contract. #### Section 8-616 Within 90 days after the end of each fiscal year or as soon as practicable after that, the Secretary shall file a complete report with the Governor showing the status, as of the end of that fiscal year, of the State highway construction program. The report shall be in the form that the Governor requires and be open to public inspection. #### Section 8-619 (a) (1) By written order, the Administration may lay out, establish, and construct any State highway as a parkway or a freeway. (2) If a written order of the Administration states that a proposed highway is to be constructed as a parkway or a freeway, the order is conclusive evidence that, when the highway is constructed, it is a parkway or a freeway, as the case may be, with all the characteristics and incidents specified in this subtitle. (b) If property is acquired for a freeway, the Administration shall inform each property owner of the use and restrictions that are or may be imposed on the property under this subtitle. (c) (1) If a highway is constructed as a parkway or a freeway, no person, including an owner of property abutting the highway, has the right of access to or from the abutting land to or from the highway. (2) At the time of construction, in the case of a parkway, or at any time, in the case of a freeway, the Administration, in its discretion, may designate points at which access to a parkway or freeway will be permitted and may specify from time to time terms and conditions of that access. #### Section 8-620 (a) Subject to subsection (b) of this section, the Administration may designate any part of any existing State highway as an expressway. (b) (1) This subsection applies to a State highway that the Administration: (i) Proposes designating as an expressway; or (ii) Designated as an expressway before October 1, 1999, but for which design and engineering funds have not been encumbered. (2) Before designating any part of a State highway as an expressway, the Administration: (i) Shall notify the governing body of each county and municipal corporation that may be affected by the designation and provide the officials representing governing bodies an opportunity to meet and confer with representatives of the Administration on the proposed designation; and (ii) Within a reasonable proximity to the area affected by the proposed designation: (1) Shall hold a public informational meeting, to present to the community background information on the designation, the Administration's plans in relation to the highway, and the expected impact of the designation on the community; and (2) Not less than 30 days after the public informational meeting, shall hold a public hearing on the proposed designation to afford interested parties an opportunity to submit oral testimony and written comments. (3) The Administration shall publish notice of the proposed designation of a State highway as an expressway and the time and place of the public informational meeting and the public hearing in at least one newspaper of general circulation in the areas affected by the proposed designation at least 2 weeks before the: (i) Public informational meeting required under paragraph (2)(ii)1 of this subsection; and (ii) Public hearing required under paragraph (2)(ii)2 of this subsection. (4) The requirements of this subsection may be satisfied through the public notice provided, and the public informational meetings and public hearings held, as part of the project planning phase as defined in Sec. 8-610 of this subtitle. (c) (1) If an existing highway is designated as an expressway and a property abutting the expressway is not served by any other reasonable access to another public road, the Administration may acquire the right of any owner of the property to access to or from the abutting land to or from the expressway by: (i) Closing any existing access; or (ii) Limiting the right of the owner to construct any new access or to enlarge or extend any existing access. (2) If an existing highway is designated as an expressway and a property abutting the expressway has reasonable access to another public road, the Administration may: (i) Acquire the right of any owner of that property abutting the expressway to continue to use an existing access to or from the abutting land to or from the expressway by closing any existing access; and (ii) In its own discretion, prohibit new access to or from the abutting land to or from the expressway by limiting the right of the owner to construct any new access. (3) An owner denied new access under paragraph (2)(ii) of this subsection is not entitled to any compensation for the denial of access if reasonable access to another public road is available at the time of the denial of access. (4) The Administration, in its discretion, may designate points at which access will be permitted and may specify the terms and conditions of that access. #### Section 8-621 If any highway is constructed as a parkway or is constructed or designated as a freeway, the Administration may: (1) Regulate, restrict, or prohibit any specific access to the parkway or freeway from any other highway, if reasonable access to the parkway or freeway from the other highway otherwise is provided; (2) Regulate, restrict, or prohibit the use of the parkway or freeway by any class of vehicles or traffic, if an alternate route is provided for the restricted or prohibited classes; and (3) Maintain, discontinue, abandon, close, and exercise any other powers over the parkway or freeway to the same extent and in the same manner as in the case of any other highway. #### Section 8-622 (a) If property held under one ownership is divided by a freeway, the Administration may provide access across the freeway from one tract to the other and may specify the terms and conditions of that access. (b) If the tracts cease to be held under one ownership, the Administration may terminate the access. (c) Access provided under this section may not be used in connection with any roadside business. #### Section 8-625 (a) For purposes of this section, average daily traffic volume shall be determined over a 1-year period by the procedures that the Administration uses to establish traffic density. (b) (1) Except in accordance with a permit issued by the Administration, a person may not make any entrance from any commercial or industrial property to any State highway that carries an average traffic volume of more than 2,000 vehicles a day. (2) The Administration may apply to the circuit court in the subdivision in which the violation occurred or is threatened for appropriate injunctive relief. (c) (1) To promote highway safety, the Administration may limit the width of existing entrances and exits and determine the locations of access points that may be used by any commercial or industrial property owner or user into any existing section of a State highway that carries an average traffic volume of more than 2,000 vehicles a day. (2) If the Administration finds it expedient for traffic safety, the Administration may: (i) Limit the width and location of access points by any method that it considers desirable; and (ii) Deny an abutting property owner all new access along any primary State highway if reasonable access to another public road is available to and from the property. (3) Denial of access under paragraph (2)(ii) of this subsection is an exercise of the police power and does not require the payment of compensation. (d) (1) This subsection does not apply to an expressway, freeway, interstate highway, or parkway. (2) Notwithstanding subsection (c)(2)(ii) of this section, the Administration may not deny an owner of property abutting a State highway all access to the highway if the abutment is within the boundaries of a municipal corporation unless: (i) The property abuts another public road to which reasonable access can be granted; (ii) The denial is based on an access management plan that has been agreed to by the Administration and the municipal corporation; or (iii) The Administration pays just compensation to the property owner as part of the exercise of eminent domain powers. #### Section 8-626 (a) (1) Subject to this section and with the advice and approval of the Administration, the legislative body of any county or municipal corporation in this State may designate an industrial crossing across any State highway located within the county or municipal corporation. (2) An industrial crossing may not be designated if it will endanger traffic on the highway. (b) (1) Any person who desires an industrial crossing across a State highway shall apply for designation of the crossing to the legislative body of the county or municipal corporation where the highway is located. (2) An industrial crossing may not be designated unless the applicant pays or agrees to pay for: (i) The costs of any improvement required to strengthen or modify the highway for use as an industrial crossing; (ii) Any damage to the highway that results from its use as an industrial crossing; and (iii) The costs of making, installing, and maintaining any signs, markers, or signal devices that the legislative body, with the approval of the Administration, requires to designate the crossing. (c) If an industrial crossing is designated under this section, the applicant has the exclusive right to use the industrial crossing, subject to any conditions of use that the Administration requires. When using the crossing, the vehicles of the applicant are exempt from all weight limitations and registration requirements imposed by the Maryland Vehicle Law. (d) The designation of any industrial crossing continues as long as the applicant actually uses the crossing. However, after notice and hearing, the Administration, the Department of State Police, or the police department of the county or municipal corporation where the crossing is located may terminate the use of the crossing on the ground that the crossing has become a danger to traffic because of increased traffic or for any other good reason. #### Section 8-627 (a) (1) In this section the following words have the meanings indicated. (2) "Defense-related activity" means: (i) The preparation of the United States or a state for defense or war; or (ii) The prosecution of war by the United States or a country with which the United States maintains friendly relations. (3) "Highway authority" means a governing body or individual with the authority under law to restrict or close a highway to the public. (4) "Political subdivision" means a county, municipal corporation, special taxing district, or public corporation of the State. (5) "Public utility" includes a pipeline, gas, electric, heat, water, oil, sewer, communication, radio, transportation, railroad, airplane, or other system owned or operated for public use. (b) This section applies to property owned by a person, the State, or a political subdivision: (1) Engaged in, or preparing to engage in, the manufacture, transportation, or storage of a product to be used in a defense-related activity; (2) Engaged in, or preparing to engage in, the manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water; or (3) Operating a public utility. (c) An owner of property described in subsection (b) of this section, who believes that the property will be endangered if public use and travel is not restricted or prohibited on a highway abutting the property, may petition the highway authority of the State or a political subdivision, as appropriate, to close or restrict public use of and travel on the highway. (d) On receiving the petition, the highway authority shall: (1) Set a hearing date; and (2) Provide notice of the hearing at least 7 days before the hearing by publication in a newspaper of general circulation in the political subdivision where the property is located. (e) (1) After the hearing, the highway authority may by order close or reasonably restrict the use of a public highway if the highway authority determines that the public safety and the safety of the property require the closure or restriction. (2) The highway authority shall conspicuously post a notice in letters at least 3 inches high at each end of a highway that the highway authority closes or restricts. (f) The highway authority may issue a written permit to persons to travel on a closed or restricted highway under conditions that the highway authority establishes. (g) The highway authority may revoke or modify an order issued under this section. (h) A person who violates an order issued under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 8-629 (a) (1) With the concurrence of the local government, the Administration may require any developer of an industrial, commercial, or apartment area along a highway maintained by the Administration to construct sidewalks parallel to the highway. (2) The construction of these sidewalks shall meet the conditions specified in entrance permits and the standards adopted by the Administration or the local government. (b) Sidewalks may not be required under this section if the Administration determines that: (1) The establishment of sidewalks would be contrary to public safety; (2) The cost of establishing the sidewalks would be too great considering the need for them or their probable use; or (3) The sparsity of population, the existence of other available ways, or any other factor indicates that there is no need for the sidewalks. (c) After sidewalks are constructed under this section, they shall be maintained and repaired by the political subdivision in which they are located. #### Section 8-630 (a) (1) In this section the following words have the meanings indicated. (2) "Municipal corporation" means a municipality as defined in Sec. 1-101 of the Local Government Article. (3) "Urban highway" means a highway, other than an expressway, that is: (i) (1) Constructed with a curb and gutter and an enclosed type storm drainage system; (2) Located in an urban area and on which is located a public facility that creates appreciable pedestrian traffic along the highway from adjacent areas; (3) Located within urban boundaries as defined by the U.S. Census Bureau; or (4) Located within the boundaries of a municipal corporation; and (ii) Part of the State highway system. (b) (1) Sidewalks shall be constructed at the time of construction or reconstruction of an urban highway, or in response to the request of a local government unless: (i) The Administration determines that the cost or impacts of constructing the sidewalks would be too great in relation to the need for them or their probable use; or (ii) The local government indicates that there is no need for sidewalks. (2) Sidewalks constructed under this section shall be consistent with area master plans and transportation plans adopted by the local planning commission. (c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as part of a roadway construction or reconstruction project, the Administration shall fund the sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the roadway project. (2) Except as provided in paragraphs (3) and (4) of this subsection, if sidewalks or bicycle pathways are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department's consideration for inclusion in the Consolidated Transportation Program under Sec. 2-103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared equally between the State and local governments. (3) If sidewalks or bicycle pathways within a sustainable community as defined in Sec. 6-301 of the Housing and Community Development Article are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department's consideration for inclusion in the Consolidated Transportation Program under Sec. 2-103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway may be funded entirely by the State. (4) (i) This paragraph does not apply to a priority funding area that is a sustainable community as defined in Sec. 6-301 of the Housing and Community Development Article. (ii) From the funding programmed for sidewalks and bicycle pathways by the Department in the Consolidated Transportation Program under Sec. 2-103.1 of this article, the Administration shall prioritize funding for sidewalks and bicycle pathways that are, or are adjacent to highways that are, subject to: (1) A complete streets policy, as defined in Sec. 2-112 of this article; or (2) Another similar Vision Zero program under Subtitle 10 of this title. (iii) If sidewalks or bicycle pathways within an area designated as a priority funding area under Sec. 5-7B-02 of the State Finance and Procurement Article are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department's consideration for inclusion in the Consolidated Transportation Program under Sec. 2-103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, and if the Administration determines that construction would not occur under this section due to insufficient contribution of funds by the local government, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared between the State and local government as follows: (1) 75 percent of the cost shall be funded by the State; and (2) 25 percent of the cost shall be funded by the local government. (iv) If sidewalks or bicycle pathways within an area designated as a priority funding area under Sec. 5-7B-02 of the State Finance and Procurement Article are constructed or reconstructed based on a determination by the Administration that a substantial public safety risk or significant impediment to pedestrian access exists and the adjacent roadway is not being concurrently constructed or reconstructed, then: (1) The Administration shall categorize the sidewalk or bicycle pathway construction project as "system preservation" and give corresponding funding priority to the project; and (2) The cost to construct or reconstruct the sidewalk or bicycle pathway and to acquire the necessary right-of-way may be funded entirely by the State. (5) If sidewalks or bicycle pathways are being constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department's consideration for inclusion in the Consolidated Transportation Program under Sec. 2-103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the local government shall: (i) Provide public notice and opportunities for community involvement prior to the construction of a sidewalk or bicycle pathway project; and (ii) Secure any necessary right-of-way that may be needed beyond the right-of-way already owned by the State. (6) (i) Except as provided in subparagraph (ii) of this paragraph, after sidewalks and bicycle pathways are constructed under this section, they shall be maintained and repaired by the political subdivision in which they are located. (ii) Subject to approval and the availability of funds, the Administration promptly shall reimburse a political subdivision for the preapproved and documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway that has deteriorated to the extent that repair is not practical or desirable for public safety. (d) The Administration may not construct any project that will result in the severance or destruction of an existing major route for pedestrian transportation traffic, unless the project provides for construction of a reasonable alternative route or such a route already exists. (e) The Administration shall develop guidelines jointly with local governments to carry out the provisions of this section. (f) The Administration shall maintain and repair all facilities for nighttime illumination that: (1) Are constructed by the Administration for the safe conduct of vehicular traffic; and (2) Exist adjacent to urban highways. #### Section 8-633 Except as otherwise provided by law, the Administration does not have any duties, responsibilities, or powers with respect to the construction, reconstruction, or maintenance of any highways except State highways. #### Section 8-635 At the request of any proper county agency, the Administration shall provide to the county engineering advice and information on the county's road program, including its farm-to-market road program. The Administration may not charge the cost of this advice or information either to the county, to the county's share of highway user revenues, or to other funds allocated to the county. #### Section 8-636 (a) Within 6 months after the end of each county's fiscal year, the county shall file with the Administration a complete report of each project constructed during the preceding fiscal year. (b) The report shall include: (1) A full audit of the county's accounts relating to the project; and (2) An engineering statement that states separately and in detail all costs incurred in the project. #### Section 8-637 (a) (1) In this section, "traffic calming device" means a physical highway measure used to reduce vehicle speed and increase safety for bicyclists, motorists, and pedestrians. (2) "Traffic calming device" includes: (i) A speed bump; (ii) A raised crosswalk; (iii) A traffic circle; and (iv) A narrowed road. (b) (1) The Administration, in consultation with appropriate county and municipal authorities, shall compile best practices for siting, constructing, and maintaining traffic calming devices that address: (i) The engineering and design of traffic calming devices; and (ii) The costs and benefits of various methods of traffic calming. (2) The Administration shall: (i) Coordinate and act as a clearinghouse for best practices for siting, constructing, and maintaining traffic calming devices; and (ii) Based on the best practices, publish and periodically update information about best practices for the siting, construction, and maintenance of traffic calming devices. (3) The information on best practices required under paragraph (2) of this subsection shall include the estimated costs of construction for each traffic calming device. (c) On the request of a county or municipality, the Administration shall provide information on best practices for the siting, construction, and maintenance of traffic calming devices. #### Section 8-639 (a) Unless approved by the Secretary on application to him, and notwithstanding any other statute to the contrary: (1) Except for an industrial track spur or siding, a railroad may not: (i) Construct, reconstruct, improve, widen, relocate, or otherwise alter a railroad grade crossing over a State, county, or municipal highway, except in Baltimore City, or over a private road; or (ii) Change the crossing protection equipment at such a crossing; and (2) A person may not: (i) Construct, reconstruct, improve, widen, relocate, or otherwise alter either a railroad grade crossing over a public highway or a private road over a railroad; or (ii) Change the crossing protection equipment at such a crossing. (b) (1) The Secretary has authority, subject to the provisions of Division II of the State Finance and Procurement Article, to approve the construction or modification of a railroad grade crossing or a change of crossing protection equipment and to impose conditions necessary to insure public safety at the crossing. (2) No other approval, safety condition, or protective measure may be required by any public authority. (c) When an application is made to the Secretary for approval of the construction or modification of a railroad grade crossing or a change of crossing protection equipment, the Secretary, after notice to all parties in interest, including adjacent property owners, shall hold a hearing on the matter if: (1) The Secretary considers a hearing to be necessary; (2) A hearing is requested by any party in interest; or (3) The proposed change would diminish or discontinue any crossing protection. (d) With any technical advice from the Administration that the Secretary considers necessary, the Secretary may: (1) Approve or disapprove the application; and (2) Impose on the person initiating the crossing project, under uniform standards and regulations, any condition necessary to insure public safety at the crossing, including a requirement for the installation of, payment for, and maintenance of crossing protection equipment. (e) For purposes of this section, the conversion of a private road grade crossing into a public highway grade crossing is a projection of a public highway over the railroad by the public authority taking jurisdiction of the private road. #### Section 8-640 (a) At each grade crossing of a highway and a railroad, the railroad shall: (1) Keep its roadbed and the highway in proper repair so as to provide absolutely safe and easy approach to and crossing of the tracks; or (2) Subject to approval by the Administration, construct a railroad grade separation. (b) (1) The Administration may abandon, relocate, construct, or reconstruct any railroad grade crossing or railroad grade separation that is dangerous or inconvenient for public travel. (2) If a railroad grade crossing is dangerous or inconvenient for public travel, the Administration may construct a railroad grade separation. (c) (1) The Administration may require the railroad to do any of the work needed under this section, on the terms and conditions that the Administration specifies. (2) If the railroad fails to do any work required of it under this section, the Administration may perform the work itself and collect the railroad's share of the cost from the railroad. #### Section 8-641 (a) The Administration shall pay the costs of relocation to any public or private utility whose facilities are altered or relocated because of a railroad grade crossing or railroad grade separation project. The plans for the alteration or relocation shall be approved by the utility. (b) If the owner of land adjacent to any State highway suffers damages as the result of the elimination of a railroad grade crossing or railroad grade separation from that highway, the owner may sue the Administration and the railroad for these damages. #### Section 8-642 (a) As to the costs of any railroad grade crossing or railroad grade separation project or maintenance: (1) 25 percent of these costs shall be paid by the railroads that benefit from the crossing or separation; and (2) 75 percent of these costs shall be paid by the Administration. (b) If two or more railroads benefit from the crossing or separation, the railroads' 25 percent share shall be apportioned among them as determined by the Administration. #### Section 8-643 (a) If any railroad does not comply with an order of the Administration under this part to do work on a railroad grade crossing or railroad grade separation or to pay its share of the costs of any railroad grade crossing or railroad grade separation project or maintenance, the railroad is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each day that the order is not complied with. (b) The penalty provided for in this section is in addition to any other remedies available to the Administration. #### Section 8-644 (a) The Administration may erect an exempt highway-rail grade crossing plaque at each railroad grade crossing in the State that is no longer in use by a railroad. (b) The design and placement of a plaque erected under this section shall be in accordance with the federal Manual on Uniform Traffic Control Devices. #### Section 8-646 (a) Except as permitted by this section or in accordance with a permit obtained from the Administration, a person may not: (1) Make an opening in any State highway; (2) Place any structure on any State highway; (3) Change or renew any structure placed on any State highway; (4) Dig up any State highway for any purpose, including the placement of pipes, sewers, poles, wires, or rails; (5) Plant or remove any tree on any State highway; or (6) Place any obstruction or improvement on any State highway. (b) (1) The Administration may issue a permit for work otherwise prohibited by subsection (a) of this section. (2) Work done under the permit shall be performed to the satisfaction of the Administration and under its supervision. (3) If the work done under the permit will be performed within 1 mile of Washington Metropolitan Area Transit Authority rail or bus rapid transit stations or Maryland Transit Administration rail or bus rapid transit stations, including Maryland Area Regional Commuter (MARC) stations, the person to whom the permit is issued or by whom the work is done shall maintain a safe alternative pedestrian path at the work site in accordance with regulations adopted under this section. (4) The person to whom the permit is issued or by whom the work is done shall pay the cost of replacing the highway in as good a condition as before the work was done. (5) (i) The Administration shall require a nongovernment applicant for a permit issued under this subsection who is a developer to submit a performance bond, letter of credit, or other surety acceptable to the Administration. (ii) The Administration shall require a nongovernment applicant for a permit issued under this subsection to submit a payment bond, letter of credit, or other surety acceptable to the Administration if: (1) The amount of the improvement is estimated to exceed $100,000; (2) The project is financed, in whole or in part, by private funds; and (3) The entire improvement is located outside the applicant's property. (c) The Administration may apply to the circuit court in the subdivision in which the violation occurred or is threatened for appropriate injunctive relief. (d) (1) (i) In this subsection the following words have the meanings indicated. (ii) "Bike lane" has the meaning stated in Sec. 21-101 of this article. (iii) "Sidewalk shed" means a temporary structure erected over a sidewalk or pedestrian walkway to: (1) Protect pedestrians from debris that may fall from construction work above the sidewalk or pedestrian walkway; and (2) Maintain pedestrian access to the sidewalk or pedestrian walkway when construction or maintenance occurs near the sidewalk or pedestrian walkway. (2) The Administration shall adopt regulations governing the maintenance of pedestrian access to the maximum extent practicable in areas where construction or maintenance work is performed in accordance with a permit issued under this section. (3) The regulations adopted under paragraph (2) of this subsection shall: (i) Prohibit the erection of a sidewalk shed unless: (1) The Administration has approved the erection of the sidewalk shed under a permit issued under this section; or (2) The person that will apply for the permit or do the work determines that immediate erection of a sidewalk shed is necessary for public safety; (ii) Require the person specified under item (i)2 of this paragraph to apply for a permit within 24 hours after erecting the sidewalk shed; (iii) Specify standards and requirements for sidewalk sheds and other structures that maintain pedestrian access, including requirements regarding: (1) Length, width, and height of the structures; (2) Lighting in and around the structures; (3) Compliance with the federal Americans with Disabilities Act; (4) The storage of supplies and other materials on the roof of a sidewalk shed; (5) Temporary office facilities; (6) Circumstances under which a structure may block other highway features, including exits, entrances, loading areas, and street signs; and (7) Maintaining access to bike lanes, in the following descending order of priority: (A) Providing a bike lane on the same highway that the blocked bike lane is on by shifting and narrowing adjacent lanes of traffic; (B) Providing a bike lane in an existing lane of traffic; (C) Merging bicyclists and adjacent traffic into a shared lane of traffic; and (D) Providing a bike lane detour route; and (iv) Address any other issue the Administration determines is necessary for the maintenance of pedestrian access to the maximum extent practicable in areas where construction or maintenance work is performed in accordance with a permit issued under this section. (4) The Administration shall: (i) Compile an inventory of best practices used in jurisdictions throughout the State and outside the State for the maintenance of pedestrian access in areas where construction or maintenance work is performed in State highway rights-of-way; and (ii) Publish and make available the inventory of best practices to any interested party. (5) In adopting the regulations required under this subsection, the Administration shall consider: (i) Safety factors for pedestrians, bicyclists, and construction and maintenance workers; (ii) The cost of maintaining pedestrian access under this section; (iii) Best practices compiled under paragraph (4) of this subsection; (iv) The need for storage and access to construction materials and equipment; and (v) The need to separate different modes of travel. #### Section 8-647 (a) (1) A person may not remove any dirt, sand, gravel, stone, rock, or other material from the land adjoining any State highway, if the removal affects the surface or construction of the highway by changing the supporting slopes in a fill or the slopes supporting the adjoining land in a cut. (2) If the Administration has built up barriers to protect or support any highway, such as sand fences, retaining walls, or any other structure, a person may not remove any dirt, sand, gravel, stone, rock, or other material from the land adjoining the highway, if the removal is harmful to the construction or protection of the highway. (b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to: (1) For a first offense, a fine not exceeding $100; and (2) For any subsequent offense, a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. #### Section 8-648 Any new or replacement storm drain cover, installed on a street or highway in the State, after January 1, 1980, shall consist of: (1) Bars running perpendicular to the flow of traffic on the highway; (2) A grating composed of intersecting bars; or (3) Other designs approved by the Department of Transportation which meet safety design criteria as well as engineering and structural design demands. #### Section 8-649 The new bridge across the Choptank River in the vicinity of Cambridge shall be named the Senator Frederick C. Malkus, Jr. Bridge. #### Section 8-650 (a) The Administration shall designate the portion of Maryland Route 24 located between the U.S. Route 1 Bypass and U.S. Route 40 as the Vietnam Veterans Memorial Highway. (b) The Administration shall designate the portion of Maryland Route 157 known as the Peninsula Expressway as the Vietnam Veterans Highway. #### Section 8-651 (a) The Administration shall designate Maryland Route 43 as the Korean War Veterans Memorial Highway. (b) The Administration shall designate the portion of Interstate Highway 70 that is located in Frederick County, Maryland as the Korean War Veterans Memorial Highway. #### Section 8-652 The following flags shall be flown year round at each rest area, welcome center, and exhibit center within interstate and State highway rights-of-way: (1) The flag of the United States; (2) The State flag; and (3) The POW/MIA flag of the National League of Families of American Prisoners and Missing in Southeast Asia. #### Section 8-653 The Administration shall dedicate the portion of Interstate Highway 83 from the intersection of Interstate Highway 83 and Interstate Highway 695 to the Maryland-Pennsylvania border as the Veterans of Foreign Wars Memorial Highway. #### Section 8-654 (a) (1) In this section, "trenching" means a construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of 1 mile in length. (2) "Trenching" does not include a project for construction or maintenance of a highway facility, including drainage or culvert work. (b) The following units of the State shall allow the use of any right-of-way or easement for the installation of broadband communication infrastructure provided by nonprofit telecommunications services providers in rural and underserved areas of the State without imposition of any charge for the use of the right-of-way or the easement: (1) The Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration; (2) The Board of Public Works; (3) The Department of Information Technology; (4) The Department of Natural Resources; and (5) The Department of the Environment. (c) (1) Except as provided in paragraph (2) of this subsection, a unit of local government and the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration, shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis. (2) The Department or a unit of local government may deny joint trenching if: (i) Joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities; or (ii) Joint trenching is not feasible because it will delay the repair or construction of a county's water, wastewater, electricity, or gas lines. (3) (i) Except as provided in subparagraph (ii) of this paragraph, the Department or a unit of local government may charge a fee to a broadband provider that participates in joint trenching on reasonable financial terms. (ii) The Department or a unit of local government may not charge a fee to a nonprofit broadband provider that participates in joint trenching. (iii) Revenues generated from fees charged by the Department under this section shall be evenly distributed across funds designed for investment in broadband infrastructure. (iv) Revenues generated from fees charged by a unit of local government under this section shall be used to improve broadband access and adoption within that jurisdiction. (d) This section may not be construed to limit or otherwise affect any right granted to the State or a unit of the State under Sec. 253 of the federal Telecommunications Act of 1996 with regard to for profit telecommunications services providers. (e) On or before January 1, 2022, the Department, after consulting with stakeholders including broadband providers, the Maryland Association of Counties, and the Maryland Municipal League, shall adopt regulations for the implementation of this section, including: (1) Procedures for charging a fee to a broadband provider for joint trenching on reasonable financial terms; and (2) Procedures for the Department and units of local government to provide notice of upcoming trenching projects to broadband providers. (f) This section does not apply to a county or municipal corporation within the Washington Suburban Sanitary District. #### Section 8-655 (a) The Administration shall post the National Human Trafficking Resource Center Hotline information sign described in Sec. 15-207 of the Business Regulation Article in each restroom at a rest area within the right-of-way of an interstate or State highway. (b) A sign required under this section shall be posted: (1) On the inside of each stall door in the restroom; or (2) On the back of the door at the entrance to the restroom. #### Section 8-656 The Department shall establish a process by which a member of the General Assembly, another elected official, or any member of the general public may request that the Department dedicate a bridge or another appropriate transportation structure under the jurisdiction of the Department to: (1) A deceased member of the armed forces: (i) Whose home of record was in the State; and (ii) Whose surviving spouse, parent, or next of kin is a recipient of the U.S. Department of Defense Gold Star memorializing that the member was killed in action; or (2) A firefighter, law enforcement officer, or another emergency responder who died in the line of duty. #### Section 8-657 (a) (1) In this section the following words have the meanings indicated. (2) "Federal facility" includes: (i) An installation of the uniformed services; and (ii) Any property owned or leased by an agency of the United States. (3) "Federal project" means a State highway project that is: (i) Financed in whole or in part with federal funds; and (ii) Designed to enhance access to a federal facility. (4) "Publicly owned utility" means a utility owned or operated by a political subdivision of the State or by a public agency created under the laws of the State. (5) "Relocate" includes to realign, raise, lower, rebuild, or remove. (b) If, due to a federal project, it is necessary to relocate any water or sewer line of a publicly owned utility, the Administration shall: (1) Notify the political subdivision or agency that owns the utility of the estimated cost of relocating the water or sewer line; and (2) Investigate funding sources to help the political subdivision or agency that owns the utility to meet its share of the cost of relocating the water or sewer line and, if needed, to develop a payment plan. #### Section 8-658 The Administration shall dedicate the portion of Maryland Route 924 (Emmorton Road) between the intersection of Maryland Route 24 and Maryland Route 924 and the intersection of Singer Road and Maryland Route 924 as Heroes Highway. #### Section 8-659 The Administration shall dedicate the portion of Maryland Route 695A (Broening Highway) that is located between the Baltimore City-Baltimore County line and the intersection of Maryland Route 695A with Maryland Avenue and Avon Beach Road as Henrietta Lacks Way. #### Section 8-660 The Administration shall dedicate the bridge located at the intersection of Maryland Route 22 and Interstate Highway 95 as the Alfred B. Hilton Memorial Bridge. #### Section 8-661 (a) In this section, "traffic control device" has the meaning stated in Sec. 11-167 of this article. (b) The Administration shall establish a policy that allows for the installation of decorative treatments on traffic control devices that have been marred by graffiti or vandalism that includes: (1) Illicit writings or drawings; (2) Illegal postings; or (3) Blight from incomplete mitigation of graffiti. (c) (1) A person may apply to the appropriate district office within the Administration for a permit to install a decorative treatment, including a digitally printed vinyl wrap or paint, on a traffic control device. (2) Subject to the requirements of this section, a district office may issue a permit to install a decorative treatment on a traffic control device within the jurisdiction of the district office. (d) (1) The Administration shall adopt regulations for the installation of decorative treatments that prohibit decorative treatments from: (i) Interfering with the operation or maintenance of a traffic control device; or (ii) Obstructing access to and ventilation of a traffic control device. (2) (i) Subject to subparagraph (ii) of this paragraph, the Administration shall adopt viewpoint and content neutral regulations that provide the minimum requirements for decorative treatments. (ii) A decorative treatment may not: (1) Contain an advertisement; (2) Contain an image or a description of graphic violence; (3) Contain profanity; (4) Contain pornography, obscene material, or images of nudity; (5) Demean or disparage an individual or a group of individuals; (6) Violate a copyright or any other legal ownership interest; or (7) Unnecessarily engage the attention of drivers or cause driver distraction. (3) The Administration may adopt any additional regulations necessary to implement this section. #### Section 8-662 (a) The Administration may post information on suicide prevention, including a hotline number, on electronic signs along any highway within a 5-mile radius of a high suicide risk zone, as identified by the Administration. (b) The Administration may adopt regulations to implement this section. #### Section 8-663 The Administration shall designate Maryland Route 210 as the Piscataway Highway. #### Section 8-664 (a) This section applies only in Montgomery County. (b) (1) On or before December 31 each year, Montgomery County shall: (i) Compile and make publicly available a report for the previous fiscal year on each school bus monitoring system operated by a local jurisdiction under this section; and (ii) Submit the report to Montgomery County Public Schools, the Maryland Department of Transportation State Highway Administration, the Montgomery County Department of Transportation, the Montgomery County Vision Zero Coordinator, and, in accordance with Sec. 2-1257 of the State Government Article, the Montgomery County Delegation to the General Assembly. (2) The report shall include: (i) The number of violations that occurred at each school bus stop in the previous fiscal year; (ii) The number of violations that occurred at each school bus stop in each of the 5 fiscal years preceding the previous fiscal year; (iii) A breakdown of the violations by the direction in which each vehicle involved in a violation was travelling in relation to the stopped school bus; (iv) The total amount of fines issued for violations at each school bus stop in the previous fiscal year; and (v) The total amount of fines issued for violations at each school bus stop in each of the 5 fiscal years preceding the previous fiscal year. --- Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)