Section 8-752 - Agreements to construct, operate, and maintain shelters.
§ 8-752. Agreements to construct, operate, and maintain shelters.
(a) Authority of municipal corporations, counties, or transit operators.- Subject to any applicable provisions of this section, a municipal corporation or a county that owns or operates a transit system or in which a transit system operates or a transit operator may enter into an agreement to construct, operate, and maintain bus passenger shelters on a State right-of-way.
(b) Commercial advertisements.- An agreement under this section may allow commercial advertising signs to be displayed on bus passenger shelters consistent with applicable State, local, and federal law.
(c) Municipal permits.- A municipal corporation shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way located within the municipal corporation.
(d) County permits.-
(1) A county shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way located within the county but not within a municipal corporation.
(2) With the concurrence of the municipal corporation, a county shall apply to the Administration for a permit to erect bus passenger shelters on State rights-of-way that are located within a municipal corporation.
(e) Transit operator permits.- A transit operator shall apply to the Administration for a permit to erect bus passenger shelters:
(1) On State rights-of-way located within a municipal corporation, with the concurrence of the municipal corporation; and
(2) On State rights-of-way located within an unincorporated area, with the concurrence of the county.
(f) Issuance of permits.-
(1) On receipt of an application for a permit to erect a bus passenger shelter, the Administration may issue a permit under § 8-646 of this title after determining that:
(i) The location, design, and construction of the bus passenger shelter do not interfere with vehicular or pedestrian safety; and
(ii) The construction of the bus passenger shelter, including any commercial advertising signs displayed on the bus passenger shelter, conforms with applicable State, local, and federal law.
(2) A permit for a bus passenger shelter shall:
(i) Include a provision requiring continued compliance with the requirements under paragraph (1) of this subsection;
(ii) Include a provision that the State is not responsible to any party to an agreement under this section for any costs resulting from enforcement of the permit; and
(iii) Serve as an agreement with the State as may be required under applicable federal regulation.
(3) The Administration may not unreasonably withhold approval of a permit under this subsection to a municipal corporation, county, or transit operator that has complied with the provisions of this section.
(g) Authority of Administration.- Notwithstanding subsection (a) of this section, the Administration may enter into agreements to construct, operate, and maintain bus passenger shelters at fixed-route bus stops used by the Maryland Transit Administration.
[2005, ch. 131.]