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<regulation prefix="Regulation" num=".05" citation="COMAR 11.03.03.05" title_num="11" subtitle_num="03" chapter_num="03" heading="Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport.">
  <paragraph num="A.">
    <text>Authority. Transportation Article, §5-821, Annotated Code of Maryland, authorizes the Executive Director, by regulation, to issue permits for new construction within the noise zone surrounding State-owned airports.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Permits.</text>
    <paragraph num="(1)">
      <text>Except as provided in §B(3) of this regulation, a person wishing to establish or construct a new structure, or to make new uses of land or structures, or to replace existing structures, or to make substantial changes in a structure or use of land, or to make substantial repairs to a structure within the noise zone surrounding a State-owned airport, shall obtain a permit from the Executive Director before the undertaking may begin.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Application for the permits shall be in a form required by the Executive Director, and shall include:</text>
      <paragraph num="(a)">
        <text>A full description of the project use;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the project location, including Maryland grid coordinates.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Notwithstanding §B(1) of this regulation, the Administration may not require a person to obtain a permit to construct an addition to a residential structure in a noise zone if the:</text>
      <paragraph num="(a)">
        <text>Resultant improved structure retains the same number of family dwelling units; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Addition is not made eligible for participation in those State-funded noise assistance programs established by Transportation Article, Title 5, Subtitle 12, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>In accordance with Transportation Article, §5-821, Annotated Code of Maryland, the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>For purposes of administration of this regulation the following terms are defined:</text>
      <paragraph num="(a)">
        <text>“Substantial change in a structure” means any change in a residential structure when the value of the work is greater than $5,000 or when change results in additional independent living units or increased habitable floor area, or a change in a nonresidential structure when the value of the work is greater than $5,000.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Substantial repairs” means repairs other than those needed to keep existing structures in sound condition.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established pursuant to Transportation Article, §5-821, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>