MARYLAND DEPARTMENT OF TRANSPORTATION

a) Code of Maryland Regulations (COMAR) Title 11.03.06, “Airport Zoning Regulations”
b) Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports
c) FAA AC 150/5300-13A, Airport Design

An applicant must obtain an approved AZP from the Maryland Aviation Administration (MAA) prior to obtaining county permits for projects within an Airport Noise Zone and/or Airport Zoning District (An area defined as a four (4) mile radius of BWI Marshall or a three point three (3.3) mile radius of MTN). To review these radii, see the Airport Zone Maps, shown below.

Google Earth .KMZ Files

• 4 mile radius from BWI
• 3.3 mile radius from MTN

Applicants must submit a completed AZP to the MAA, Division of Airport Facilities Planning via email at maaairportzoningpermit@bwiairport.com, facsimile (410-859-7082), or regular mail at P.O. Box 8766, BWI Marshall Airport, MD 21240-0766.  The application shall include the following information:

• Exact location of the property, including address and zip code

• Intended use including all planned structures and associated construction equipment (i.e. crane, backhoe, bucket truck, etc.)

• Height of proposed structures and associated construction equipment

• Dimensions of all proposed structures

• Printed name, address, telephone and email address/facsimile number of the applicant and/or point of contact

• Printed name, address and telephone number of the property owner

In addition, the following documents should accompany each application:

• A map depicting the project location in relationship to the Airport

• A project site plan displaying the property boundaries, location of proposed structure(s)/crane(s) property elevation above mean sea level (AMSL), and latitude/longitude (NAD 83).

• Stormwater management plans and a stormwater management report for ponds that are existing and/or proposed (as necessary)

The AZP applications are reviewed for the following:

• Noise Zone Land Use Compatibility – Properties located within an Airport Noise Zone of these public-use airports are required to conform to the land uses permitted in that zone.

• Airport/Airspace Compatibility – Any construction or equipment use within the Airport Zoning Districts of BWI Marshall or MTN which requires an obstruction analysis of the airspace surrounding these airports. Proposed development will be evaluated to ensure compatibility with Airport development plans.

  This evaluation is completed for proposed structures and construction equipment in accordance with federal and state height guidelines. Applicants may be required to file a Notice of Proposed Construction or Alteration (FAA Form 7460-1) requesting the FAA to perform an additional obstruction evaluation.  The FAA evaluation process typically takes 30-60 days to complete but could exceed this timeframe. If an FAA review is required, the MAA will not issue an approved AZP until a favorable FAA Determination has been received.

• Stormwater Management & Landscape – For any development within the Airport Zoning District of BWI Marshall or MTN, the MAA is required by COMAR to evaluate storm water management facilities and project landscaping for their potential to attract wildlife that may pose a strike hazard to aircraft.

  Stormwater Management Design Guidance

Maryland law dictates that an applicant be denied approval if the proposed land use is found to be incompatible with Airport Development Plans, the Airport Noise Zone or if the proposed structure or construction equipment poses a possible hazard to aircraft.  In the event of a denial, the applicant will be notified that they may petition the Board of Airport Zoning Appeals (BAZA, or Board) for a variance from the regulations.  The Board meets approximately once a month in accordance with a published schedule.  There are deadlines for petition submittals for each meeting.  The deadlines are determined by requirements to publish the meeting agenda in the Maryland Register in advance of each meeting.  Once an applicant has submitted a petition, it may take 60-90 days 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.

Obstruction Regulations

Applicants requesting a variance from the Obstruction Regulations must complete MAA Form 176B, Petition to the Board.

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 Determination one week prior to the scheduled hearing date, the case will be postponed until the next scheduled BAZA hearing after receiving the FAA Determination.  The MAA staff shall notify the applicant if any additional documents are required.

Applications are processed in the order in which they are received and normally can be completed within two (2) weeks.  However, during heavy application periods, processing can take more time.

Permits requiring review and coordination of stormwater management plans, landscaping plans, FAA Determinations and/or a variance from BAZA may take 90 days or longer.

Once the evaluation process has been completed and the AZP can be approved, the applicant will receive an email copy or facsimile of the approval letter, which will also be sent via email or facsimile to the appropriate county Planning and Zoning office. Original copies of the approval letter will also be sent to the applicant via regular mail.