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Maryland Aviation Administration Airport Zoning Permit
The purpose of the Airport Zoning Permit is to identify land uses, obstructions, and wildlife attractants that are incompatible with airport operations at Baltimore/Washington International Thurgood Marshall (BWI) and Martin State Airports (MTN).
Authority
Code of Maryland Regulations (COMAR) Title 11.03.06, "Airport Zoning Regulations" Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5200-33, Hazardous Wildlife Attractants on or Near Airports.
Requirements
An applicant must obtain an approved Airport Zoning Permit from the Maryland Aviation Administration (MAA) prior to obtaining a county building permit for projects within a Certified Noise Zone and/or Airport Zoning District (the area defined by a four-mile radius of BWI or a three-mile radius of MTN).
Application Submittal
Applicants must submit a completed Application for Airport Zoning Permit to the MAA Division of Noise Abatement, P.O. Box 8766, BWI Airport, MD 21240-0766. The application must include the following information:
- Exact location of the property
- Intended use, including all proposed structures and construction equipment to be used
- The height of the proposed structure and any equipment
- The dimensions of the proposed structure
- Name, address, telephone and fax numbers of the applicant or point of contact
- Name, address and telephone number of the property owner
Additionally, the following must accompany each application:
- A vicinity map clearly defining the location of the project relative to the Airport
- A site plan showing the property boundaries and location of structures
- A set of storm water management plans and a storm water management report for ponds that are existing and proposed
- A set of landscape plans associated with the project
Airport Zoning Permit Review Process
Airport Zoning Permit applications are reviewed by the following MAA offices:
- Division of Noise Abatement – Noise Zone land use compatibility review. Properties located within the Certified Airport Noise Zone of any public-use airport must conform to the uses permitted in that zone.
- Office of Facilities Planning – Obstruction review. Any construction or equipment use within the Airport Zoning District of BWI or MTN will require an obstruction analysis of the airspace surrounding the Airport.
This office evaluates proposed structures and construction equipment against federal and state height guidelines. Applicants may be required to file a Notice of Proposed Construction or Alteration (FAA Form 7460-1), requesting that the FAA perform an additional obstruction evaluation. The FAA evaluation process typically takes approximately 60-90 days. Once this review has been requested, the MAA will not issue an approved permit until an FAA determination has been received. For this reason, applicants may wish to wait until the MAA has performed a preliminary review and advise them of the results before submitting an FAA Form 7460-1.
- Office of Facilities Planning – Storm water management and landscape review. For any development within the Airport Zoning District of BWI or MTN, the MAA is required by COMAR to evaluate storm water management facilities and landscaping for their potential to attract wildlife that could pose strike hazards to aircraft.
Zoning Permit Denial/Appeal
Maryland law requires that an application be denied if the proposed land use is found to be incompatible with the Certified Airport Noise Zone, or if the proposed structure or construction equipment poses a hazard to aircraft. In that event, applicants will be notified that they may petition the Board of Airport Zoning Appeals (BAZA) for a variance from the regulations. BAZA meets once a month in accordance with a published schedule. There are deadlines for petition submittals for each meeting. These deadlines are determined by the requirement to publish the meeting agenda in the Maryland Register in advance of each meeting. Once an applicant has submitted a petition, it may be 60 days or more before the case is presented before BAZA.
Airport Noise Zone Regulations: Applicants requesting a variance from the Airport Noise Zone Regulations must complete MAA Form 176A, Petition to the Board of Airport Zoning Appeals.
Obstruction Regulations: Applicants requesting a variance from the Obstruction Regulations must complete MAA Form 176B, Petition to the Board of Airport Zoning Appeals.
If an applicant is required to file FAA Form 7460-1 and MAA Form 176B, Petition to BAZA, these filings may be done concurrently. However, if the applicant has not received the FAA's response one week prior to the scheduled hearing date, the case will be postponed until the next scheduled BAZA meeting. MAA staff will notify the applicant if additional documents are needed.
Processing Time
For permits requiring review/coordination on storm water management plans, landscaping plans, a determination from FAA, or a variance from BAZA, the processing time could take as long as 90 days. Otherwise, applications are processed in the order in which they are received within approximately two weeks.
Zoning Permit Approval
If both offices approve the Airport Zoning Permit, a letter will be sent to the Applicant with a copy to the appropriate county Planning and Zoning Office notifying them of the approval. The Division of Noise Abatement will fax copies upon request.
Additional Information
BAZA may condition the granting of a variance on the fulfillment of additional requirements, such as the addition of sound insulation components to buildings within the Certified Noise Zone.
Fee
None.
If you have any questions, please contact the Division of Noise Abatement at (410) 859-7070, or the Office of Facilities Planning at (410) 859-7651.
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