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When any road has been constructed or designated as a Freeway or Controlled Major Highway, the Director of Transportation:
(a) may restrict or prohibit access to the Freeway or Controlled Major Highway from any existing highway, road, or street, or from any new highway, road, or street, if reasonable access to the freeway or expressway from any existing or new highway, road, or street is maintained;
(b) may control, restrict, or prohibit the use of the Freeway or Controlled Major Highway by various classes of vehicles or traffic if an alternate route is provided for restricted or prohibited classes of vehicles or traffic; and
(c) may maintain, discontinue, abandon, or close, and exercise all other powers with respect to Freeways or Controlled Major Highways to the same extent and in the same manner as other roads. (1966 L.M.C., ch. 3, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
If real property held by one owner is severed by a Freeway or Controlled Major Highway, the Director of Transportation may provide for access across the Freeway or Controlled Major Highway from one such tract to the other, either at grade or below or above grade, on such conditions as the Director sets. Any connecting road or roads must not be used for or in connection with the conduct of any roadside business or enterprise. If the affected land is no longer held under one ownership, the Department may discontinue any access road.
In acquiring property for any purpose listed in the three preceding sections, the Director must fully inform the owners of the use and restrictions of the property. (1966 L.M.C., ch. 13, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
When a road is constructed as a Freeway or Controlled Major Highway, an owner of land abutting the road or other person must not have any right of access to, from, or across any abutting land to or from the Freeway or Controlled Major Highway. At the time of the construction of the Freeway or Controlled Major Highway or thereafter, the Director of Transportation may designate points at which access will be permitted, on conditions the Director sets. (1966 L.M.C., ch. 13, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Editor’s note—Former Section 49-75, adoption of regulations, derived from 1966 L.M.C., ch. 13, § 1; 1971 L.M.C., ch. 3, § 39; 1984 L.M.C., ch. 24, § 48, was repealed by 2007 L.M.C., ch. 8, § 1.
Notes
| [Note] | *Editor's note—Article 8, formerly Article VII, §§ 49-76—49-80, was added by 1993 L.M.C., ch. 9, § 1. Sections 3 and 4 read as follows: “Sec. 3. Initial appointments to Advisory Committee. “Of the members first appointed to the Rustic Roads Advisory Committee, 2 must be appointed for 1-year terms, 2 must be appointed for 2-year terms, and 3 must be appointed for 3-year terms. “Sec. 4. Interim protection of roads. “(a) This Act applies to the roads identified on Exhibit A [printed at the end of this article] as rustic roads and exceptional rustic roads as if the County Council had so classified the roads under Section 49-78. “(b) The Rustic Roads Advisory Committee must advise the County Department of Transportation regarding the significant features of these roads that must be preserved when the roads are maintained or improved, or when a public utility completes work on or near the roads. These significant features have the same status as those identified by the County Council under Section 49-78. “(c) The County Council may add or delete all or part of a road from the list on Exhibit A by resolution after a public hearing if: “(1) the County Executive asks the Council to delete a road from the list so that the road can be maintained or improved in a manner not permitted by this Act; “(2) the Rustic Roads Advisory Committee asks the Council to add or delete a road from the list; or “(3) a public utility asks the Council to delete a road from the list so that the public utility can complete work along the road in a manner not permitted by this Act. “(d) This Section is not effective after December 31, 1996.” |
This Article authorizes the identification and classification of rustic roads in that part of the County located in the Maryland-Washington Regional District. This Article establishes a program to preserve as rustic roads those historic and scenic roadways that reflect the agricultural character and rural origins of the County. Preservation of rustic roads must be achieved by retaining certain physical features of rustic roads and by certain right-of-way maintenance procedures. (1993 L.M.C., ch. 9, § 1; 2007 L.M.C., ch. 8, § 1.)
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