# COMAR Title 11 — Department of Transportation ## Subtitle 03 — Maryland Aviation Administration ### Chapter 06 — Airport Zoning Regulations **Authority:** Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland **Administrative History:** Effective date: July 1, 1985 (12:13 Md. R. 1280) **Administrative History:** Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24) **Administrative History:** Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22) **Administrative History:** Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082) **Administrative History:** Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24) **Administrative History:** Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082) **Administrative History:** Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643) **Administrative History:** Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22) **Administrative History:** Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643) #### Regulation .01 Definitions. *COMAR 11.03.06.01* A. As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry. B. Terms Defined. (1) “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to the Transportation Article, §2-102(b)(2), Annotated Code of Maryland. (2) “Airport” or “airports” means those airports owned by the State of Maryland. (3) “Board” means the Board of Airport Zoning Appeals within the Maryland Department of Transportation. (4) “Substantially alter” means any significant change, and includes reconstruction, rebuilding, replacement, major repair, or change in use. #### Regulation .02 Purpose. *COMAR 11.03.06.02* A. These regulations have been adopted by the Maryland Aviation Administration of the Maryland Department of Transportation to protect the aerial approaches of airports owned by the State. B. In adopting the regulations, the Administration has considered the following to the extent that they affect or promote the public health, safety, order, or security: (1) The character of the flying operations conducted or expected to be conducted at the airports; (2) The surrounding terrain; (3) The height of existing structures, personalty, and vegetation in the vicinity; (4) The feasibility of lowering or removing existing structures, personalty, and vegetation in the vicinity; (5) The advice, recommendations, and opinion of the federal agency charged with fostering civil aeronautics as to the aerial approaches necessary for safe flying operations at the airports; (6) The risks associated with aerial traffic at the airports; (7) The type, size, weight, and load capacity of aircraft that use or might use the airports; (8) The weather conditions generally prevailing in the vicinity; (9) The size and layout of the landing area of the airports; and (10) The present and future needs of the inhabitants of this State with reference to the use of the airports for public transportation. #### Regulation .02-1 Incorporation by Reference. *COMAR 11.03.06.02-1* 14 CFR 77 is incorporated by reference. #### Regulation .03 Airport Zoning Districts. *COMAR 11.03.06.03* A. Size and Location of Districts. The airport zoning districts shall consist of the following areas for: (1) Baltimore/Washington International Thurgood Marshall Airport—the land area delineated by and contained within a circle, the radius of which is 4 miles from a point with Maryland grid coordinates of E 893,909.99—N 490,279.30; and (2) Martin State Airport—delineated by and contained within a circle, the radius of which is 3.3 miles from a point with Maryland grid coordinates of E 1,478,185.03—N 604,718.69. B. Boundaries of Districts. (1) Generally. The boundaries of each airport zoning district established by this chapter shall be shown on an airport zoning map filed in the land records of the county where the airport is located. A copy of the map shall be kept at all times in the office of the Administration and shall be open to public inspection during regular business hours. (2) Baltimore/Washington International Thurgood Marshall Airport. A map for Baltimore/Washington International Thurgood Marshall Airport depicting the district established in §A(1) of this regulation shall be filed by the Administration in the land records offices of Anne Arundel County, Baltimore County, and Howard County. #### Regulation .04 Height Limits in Airport Zoning Districts. *COMAR 11.03.06.04* Except as otherwise provided in this chapter, a structure or personalty may not be erected, altered, or maintained, and vegetation may not be allowed to grow or be maintained, in any airport zoning district at a height greater than the height limit established by 14 CFR 77. #### Regulation .05 Prohibited Activity. *COMAR 11.03.06.05* Except as permitted by Regulations .07 and .08 of this chapter, a person may not, within any airport zoning district created by this chapter: A. Build any structure, permit any structure to be built, or maintain any personalty to a height that would be a hazard to air navigation under the standards stated in COMAR 11.03.05.04; B. Substantially alter any existing structure or change the use of land; C. Permit any use of land that is prohibited by Regulation .06 of this chapter; D. As to any vegetation: (1) Plant, replant, or allow any vegetation to grow to such a height as to be an airport hazard, or (2) Allow any vegetation that is an existing airport hazard to grow any higher; E. Within the airport zoning district for Baltimore/Washington International Airport: (1) Establish or construct any new structure; (2) Make any new use of any existing structure or land; or (3) Erect, use, or permit to be used a crane or other construction equipment higher than 10 feet above ground level; F. Build any structure, locate any personalty, or conduct any activity that would result in a frequent or significant congregation of people in any designated runway protection zone. #### Regulation .06 Prohibited Land Uses. *COMAR 11.03.06.06* Except as provided by Regulations .07 and .08 of this chapter, a person may not use any land located within any airport zoning district created by this chapter for any: A. Transformer station or high-tower transmission line; B. Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport or impair visibility in the vicinity of the airport; C. Rifle or other firing range, ultralight flight park, or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport; D. Plant, business, or activity of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport; E. Business, structure, personalty, or activity of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport, or may result in a hazard to the health, safety, or welfare of the public as a result of operation of the airport; or F. Use that would: (1) Create electrical interference with radio communications between the airport, aircraft, air navigation equipment or other facilities, (2) Make it difficult for airmen to distinguish between airport lights and other lights, or cause glare in the eyes of airmen using the airport, or (3) Otherwise endanger the landing, taking off, or maneuvering of aircraft. #### Regulation .07 Permits. *COMAR 11.03.06.07* A. Permit Required. Unless a person has an appropriate permit issued by the Administration, the person may not, in any airport zoning district established by this chapter, undertake or allow any construction, maintain any personalty, or conduct any activity prohibited by Regulation .05 or .06 of this chapter, except as set forth in §B of this regulation. B. Exemptions. (1) The Administration may not require a permit for a repair or addition to an existing legal structure or its appurtenances or for a crane or other equipment used in the repair or addition, if the repair, addition, crane, or other equipment does not increase or exceed the existing structure's maximum height above mean sea level. (2) A repair or an addition includes: (a) Construction of a: (i) Garage, shed, or outbuilding, (ii) Patio or patio cover, porch, carport enclosure, or deck, (iii) Pier, bulkhead, or mooring pile, (iv) Dormer, replacement window, or ridge vent, (v) Retaining wall, and (vi) Swimming pool or hot tub and enclosure; (b) Installation of exterior siding; (c) Partitioning or improvement to the interior of a structure; (d) Construction, excavation, or enlargement of a basement under an existing structure; and (e) Demolition of existing structure. C. Application for Permit. (1) The owner of the land or structure shall obtain a permit from the Administration before any: (a) Work that requires a permit under this chapter is started; (b) Growth of vegetation that requires a permit under this chapter is allowed; and (c) Placement of personalty that requires a permit under this chapter. (2) The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed work, project, or personalty placement will comply with each applicable airport zoning regulation. D. Issuance of Permits. The Administration: (1) May not issue a permit unless each airport zoning regulation applicable to the airport zoning district in which the land or structure is located has been complied with fully; (2) Shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure, tree, or other vegetation to be higher than, or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted. E. Conditions on Permit. The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard. F. Disapproval of Application for Permit. If the Administration disapproves an application for a permit: (1) The Administration shall notify the applicant in writing of its reasons for the disapproval; and (2) If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant shall be so advised. G. Zoning Permit Prerequisite to Local Permit. A local agency may not issue a use permit or a permit for construction, reconstruction, extension, repair, or alteration within an airport zoning district for which an airport zoning permit is required until the applicant has been issued an airport zoning permit by the Administration. #### Regulation .08 Variances. *COMAR 11.03.06.08* A person denied a permit under Regulation .07 of this chapter who desires to use his property in a manner prohibited by an airport zoning regulation contained in this chapter may apply to the Board for a variance from the regulation. #### Regulation .09 Existing Nonconforming Use. *COMAR 11.03.06.09* An airport zoning regulation contained in this chapter may not: A. Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or B. Otherwise interfere with the continuance of any nonconforming use. #### Regulation .10 Conflict of Regulations. *COMAR 11.03.06.10* If there is any conflict between any airport zoning regulation adopted under this chapter and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern. #### Regulation .11 Power of Administration to Correct. *COMAR 11.03.06.11* If a person violates any provision of this chapter, the Administration, in addition to any other lawful remedy, may institute an appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition. #### Regulation .12 Penalty. *COMAR 11.03.06.12* A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues, pursuant to Transportation Article, §5-511, Annotated Code of Maryland.