Maryland HB 1374: State Highway Administration Neighbor Notification Act

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1374*

HOUSE BILL 1374
R1 7lr1700

By: Delegates Wilkins, Valderrama, Angel, Cullison, Glenn, Gutierrez, Hill,
Hixson, Jackson, Korman, Luedtke, Moon, Pena–Melnyk, Turner, Walker,
A. Washington, and M. Washington
Introduced and read first time: February 10, 2017
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

State Highway Administration Neighbor Notification Act 2

FOR the purpose of requiring the State Highway Administration to send a certain notice 3
to nearby property owners a certain period of time in advance of planned 4
construction on a State highway; requiring the Administration to send the notice on 5
behalf of certain persons involved in the planned construction; requiring the notice 6
to include certain information; requiring the Administration to send another notice 7
to nearby property owners if planned construction is postponed under certain 8
circumstances; providing that this Act does not apply under certain circumstances; 9
defining certain terms; and generally relating to notification of nearby property 10
owners of planned construction on a State highway. 11

BY repealing and reenacting, without amendments, 12
Article – Transportation 13
Section 8–101(a), (i), and (q) 14
Annotated Code of Maryland 15
(2015 Replacement Volume and 2016 Supplement) 16

BY adding to 17
Article – Transportation 18
Section 8–659 19
Annotated Code of Maryland 20
(2015 Replacement Volume and 2016 Supplement) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Transportation 24

2 HOUSE BILL 1374

8–101. 1

(a) In this title the following words have the meanings indicated. 2

(i) “Highway” includes: 3

(1) Rights–of–way, roadway surfaces, roadway subgrades, shoulders, 4
median dividers, drainage facilities and structures, related stormwater management 5
facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade 6
separation structures, railroad grade separations, tunnels, overpasses, underpasses, 7
interchanges, entrance plazas, approaches, and other structures forming an integral part 8
of a street, road, or highway, including bicycle and walking paths; and 9

(2) Any other property acquired for the construction, operation, or use of 10
the highway. 11

(q) “State highway” means any public highway owned by this State. 12

8–659. 13

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15

(2) (I) “CONSTRUCTION” INCLUDES: 16

1. THE INSTALLATION OR ALTERATION OF HIGHWAY 17
INFRASTRUCTURE, INCLUDING TRAFFIC SIGNALS, LIGHTING POLES, SIGNAGE SET 18
ON A CONCRETE BASE, SIGNAL CONTROL BOXES, STORMWATER MANAGEMENT 19
FACILITIES, CURBS, STORM DRAINS, OR SIDEWALKS; 20

2. THE INSTALLATION OR ALTERATION OF UTILITIES, 21
INCLUDING UTILITY POLES, FIBER OPTIC CABLES, GAS PIPES, OR WATER PIPES; AND 22

3. ANY INSTALLATION OR ALTERATION OF A HIGHWAY 23
THAT REQUIRES THE EXCAVATION OF SOIL OR DIGGING UP THE ROAD SURFACE OR 24
SIDEWALK. 25

(II) “CONSTRUCTION” DOES NOT INCLUDE: 26

1. THE INSTALLATION OF NEW SIGNAGE USING STEEL 27
OR WOODEN POLES PLACED INTO THE GROUND USING MECHANICAL OR MANUAL 28
MEANS; 29

2. THE INSTALLATION OR REPLACEMENT OF SIGNAGE 30
OR SIGNALS ON EXISTING POLES OR MAST ARMS; OR 31

HOUSE BILL 1374 3

3. THE REPLACEMENT OR ALTERATION OF ROAD 1
MARKINGS, INCLUDING LANE MARKINGS AND CROSSWALK MARKINGS. 2

(3) “NEARBY PROPERTY OWNERS” MEANS: 3

(I) FOR CONSTRUCTION THAT OCCURS AT A SINGLE 4
INTERSECTION, PROPERTY OWNERS WITHIN A 100 YARD RADIUS OF THE 5
INTERSECTION; OR 6

(II) FOR CONSTRUCTION THAT OCCURS ALONG A LENGTH OF 7
STATE HIGHWAY, PROPERTY OWNERS WITHIN 100 YARDS OF THE CENTERLINE ON 8
EITHER SIDE OF THE STATE HIGHWAY WITHIN THE DEFINED PROJECT LIMITS. 9

(B) THIS SECTION DOES NOT APPLY IN THE FOLLOWING SITUATIONS: 10

(1) THE EMERGENCY MITIGATION OR REPAIR OF A WATER MAIN 11
BREAK OR LEAK; 12

(2) THE EMERGENCY MITIGATION OR REPAIR OF A GAS LEAK; 13

(3) THE EMERGENCY RESTORATION OF ELECTRIC OR FIBER OPTIC 14
SERVICE; 15

(4) ALTERATIONS MADE DURING SNOW REMOVAL; OR 16

(5) THE EMERGENCY MITIGATION OR REPAIR OF DAMAGE TO 17
INFRASTRUCTURE CAUSED BY: 18

(I) FALLEN TREES, FLOODING, EROSION, FIRE, LANDSLIDES, 19
OR OTHER NATURAL DISASTERS; 20

(II) A TRAFFIC ACCIDENT OR COLLISION; OR 21

(III) A SPILL OF HAZARDOUS MATERIALS. 22

(C) THE ADMINISTRATION SHALL SEND A NOTICE BY FIRST–CLASS MAIL OR 23
A MORE EXPEDITIOUS METHOD TO NEARBY PROPERTY OWNERS AT LEAST 2 WEEKS 24
IN ADVANCE OF PLANNED CONSTRUCTION ON A STATE HIGHWAY. 25

(D) THE ADMINISTRATION SHALL SEND THE NOTICE ON BEHALF OF ANY 26
CONTRACTORS, UTILITY PROVIDERS, OR OTHER GOVERNMENT AGENCIES INVOLVED 27
IN THE PLANNED CONSTRUCTION. 28

4 HOUSE BILL 1374

(E) THE NOTICE SHALL INCLUDE: 1

(1) DETAILS REGARDING THE SCOPE AND DURATION OF THE 2
PLANNED CONSTRUCTION; 3

(