Section 5-705.1 - Authority of political subdivisions to cease nighttime operation of high intensity lighting systems on transmission towers. - Maryland Statutes

§ 5-705.1. Authority of political subdivisions to cease nighttime operation of high intensity lighting systems on transmission towers.
 

(a)  "Governing body of a political subdivision" defined.- In this section, "governing body of a political subdivision" means the Baltimore County Council or the County Commissioners of Carroll County. 

(b)  Orders to owners to cease nighttime operation.- If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system. 

(c)  Hearings.- A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body. 

(d)  Hearings - Notice.- A governing body that conducts a public hearing under this section shall: 

(1) Provide reasonable advance notice of the time, place, and subject matter of the hearing; 

(2) Provide a reasonable opportunity for all interested persons to present oral and written comments; and 

(3) Notify the Administration at least 10 days before any hearing is held. 

(e)  Petitions.- The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who: 

(1) Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and 

(2) Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property. 

(f)  Conversion of system.- A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations. 

(g)  Conversion of system - Payment of cost of conversion.- The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section. 
 

[1986, ch. 859; 1991, ch. 55, § 1; 2001, ch. 29, § 6.]