Sec. 49-75. Reserved.

   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of regulations, derived from 1966 L.M.C., ch. 13, § 1; 1971 L.M.C., ch. 3, § 39; 1984 L.M.C., ch. 24, § 48, was repealed by 2007 L.M.C., ch. 8, § 1.

ARTICLE 8. RUSTIC ROADS PROGRAM. [Note]

 

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.”

Sec. 49-76. Purpose.

   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.)

Sec. 49-77. Definitions.

   In this Article, the following terms have the meanings indicated:

   Committee means the Rustic Roads Advisory Committee.

   Commodity farmer means a person engaged in the production of at least 100 acres of field crops such as corn, soybeans, barley, and wheat, or forage crops such as hay, requiring the use of large commercial equipment for planting, nutrient application, pest management, and harvesting.

   Exceptional rustic road means an existing public road or road segment which is so classified under Section 49-78.

   Public utility means any private company or public agency that is regulated as a public utility under state law, or otherwise provides water, sewer, electric, gas, telephone, or cable service (as defined in Chapter 8A) in the County.

   Rustic road means an existing public road or road segment which is so classified under Section 49-78. (1993 L.M.C., ch. 9, § 1; 2007 L.M.C., ch. 8 , § 1; 2022 L.M.C., ch. 31 , § 1; 2023 L.M.C., ch. 29, § 1.)

Sec. 49-78. Rustic road classification and reclassification.

   (a)   Classification. The County Council may classify, reclassify, or revoke the classification of an existing public road or road segment as a rustic road or an exceptional rustic road by approving an amendment to the functional plan and the relevant area master plan.

   (b)    Criteria for rustic road. Before classifying a road as rustic, the Council must find that an existing public road or road segment:

      (1)   is located in an area where natural, agricultural, or historic features are predominant, and where master planned land use goals and zoning are compatible with a rural/rustic character;

      (2)   is a narrow road intended for predominantly local use;

      (3)   is a low volume road with traffic volumes that do not detract significantly from the rustic character of the road;

      (4)   (A)   has outstanding natural features along its borders, such as native vegetation, stands of trees, stream valleys;

         (B)   provides outstanding vistas of farm fields and rural landscape or buildings; or

         (C)   provides access to historic resources, follows historic alignments, or highlights historic landscapes; and

      (5)   the history of vehicle and pedestrian crashes on the road in its current configuration does not suggest unsafe conditions.

   The Council must not classify a road as rustic if that classification will significantly impair the function or safety of the road network.

   (c)    Criteria for exceptional rustic road. The Council may classify an existing public road or road segment as an exceptional rustic road. Before classifying a road as an exceptional rustic road, the Council must find that the road or road segment:

      (1)   qualifies as a rustic road under subsection (b);

      (2)   contributes significantly to the natural, agricultural, or historic characteristics of the County;

      (3)   has unusual features found on few other roads in the County; and

      (4)   would be more negatively affected by improvements or modifications to the physical characteristics of the road than would most other roads in the rustic roads program.

   (d)    Significant features. When the Council classifies a road as a rustic road or an exceptional rustic road, the Council must identify the significant features of each such road that must be preserved when the road is maintained or improved.

(1993 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 31, § 1; 2007 L.M.C., ch. 8 , § 1; 2022 L.M.C., ch. 31 , § 1.)