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§ 3-105. Powers and duties of political subdivisions

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2013

West's Annotated Code of Maryland
Environment
Title 3. Noise Control
Subtitle 1. Definitions; General Provisions
Effective: October 1, 2013
MD Code, Environment, § 3-105
§ 3-105. Powers and duties of political subdivisions
Power to adopt ordinances, rules, or regulations
(a)(1) Except as provided in this section, this title does not limit the power of a political subdivision to adopt noise control ordinances, rules, or regulations.
(2) A political subdivision may not adopt any noise control ordinance, rule, or regulation that is less stringent than the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title.
(3)(i) A political subdivision may not adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that is chartered and in operation as of January 1, 2001.
(ii) This paragraph does not apply in Baltimore City or Allegany, Anne Arundel, Calvert, Charles, Garrett, Howard, Montgomery, St. Mary's, and Washington counties.
(4)(i) Except as provided in subparagraph (ii) of this paragraph, Allegany County, Anne Arundel County, Garrett County, Washington County, or a political subdivision of Allegany County, Anne Arundel County, Garrett County, or Washington County may not adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that is chartered and in operation as of January 1, 2005.
(ii) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, Allegany County, Anne Arundel County, Garrett County, Washington County, or a political subdivision of Allegany County, Anne Arundel County, Garrett County, or Washington County may adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that the responsible political subdivision determines is not in compliance as of January 1, 2005 with environmental noise standards, sound level limits, or noise control rules or regulations adopted under this title.
2. A noise control ordinance, rule, or regulation adopted under subsubparagraph 1 of this subparagraph shall allow trapshooting, skeetshooting, and other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that the responsible political subdivision determines has become compliant with environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title.
(5) Carroll County or a political subdivision of Carroll County may not enforce any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, against a public school in Carroll County that violates the ordinance, rule, or regulation between the hours of 8 a.m. and 9:30 p.m.
Consideration of state or local noise standards
(b) Each political subdivision is encouraged to consider:
(1) Compliance with State or local noise standards before acting on any proposed variance requests or changes in zoning classifications; and
(2) Whether the permit or activity will be in compliance with local and State noise control standards, prior to the issuance of a building, activity permit, or similar authorizing document.

Credits

Added by Acts 1982, c. 240, § 2. Amended by Acts 1983, c. 338; Acts 2000, c. 425, § 1, eff. Oct. 1, 2000; Acts 2001, c. 628, § 1, eff. Oct. 1, 2001; Acts 2003, c. 281, § 1, eff. July 1, 2003; Acts 2005, c. 394, § 1, eff. July 1, 2005; Acts 2008, c. 90, § 1, eff. July 1, 2008; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2012, c. 360, § 1, eff. Oct. 1, 2012; Acts 2013, c. 421, § 1, eff. Oct. 1, 2013.
Formerly Art. 43, §§ 829, 832.
MD Code, Environment, § 3-105, MD ENVIR § 3-105
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document