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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.)
(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.)
(a) County roads. Each rustic road and exceptional rustic road must be maintained and improved in a manner that preserves the road's significant features which the Council identified under subsection 49-78(d), but this requirement does not preclude improvements to promote safety or movement of farm equipment. The County Executive must establish guidelines by regulation under method (2) for maintenance and improvement of rustic roads and exceptional rustic roads.
(b) State and park roads. The Executive must encourage the State Highway Administration and the County Parks Department to maintain and improve rustic roads owned by the State or Park Commission in a manner consistent with this Article.
(c) Public utilities. Public utility work on or near a rustic road or exceptional rustic road is limited by this Article only when the work will damage a structure identified as a significant feature of the road which the Council identified under subsection 49-78(d). Each public utility must make all reasonable efforts to limit irreparable damage to any significant feature when working on or near a rustic road or exceptional rustic road.
(d) If this Article conflicts with Chapter 24A, Chapter 24A prevails. (1993 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 31, § 1; 2007 L.M.C., ch. 8, § 1.)
(a) Membership. The County Executive must appoint, subject to confirmation by the County Council, a Rustic Roads Advisory Committee. In making appointments, the Executive must strive to achieve diversity on the Committee in support of racial equity and social justice. The Committee has 9 voting members. Each member must be a resident of the County. The Executive should appoint:
(1) three members who operate commercial farmland earning 50 percent or more of their income from direct involvement in commodity farming;
(2) one member who is a representative of the Agricultural Advisory Committee and has been recommended to the Executive by the AAC;
(3) one member who knows rural preservation techniques through practical experience and training;
(4) one member who knows roadway engineering through practical experience and training; and
(5) three at-large members who do not satisfy the requirements of subsections (a)(1) through (a)(4) above, to be drawn from frequent users of rustic roads.
The Chairman of the Planning Board must designate a member of the planning staff as a non-voting Committee member.
(b) Officers. The Committee must elect a chair annually. The Committee may select other officers annually as it finds appropriate. A member must not serve as chair for more than 2 consecutive years.
(c) Meetings. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 6 times each year. The Committee must also meet if two- thirds of the voting members request in writing that a meeting be held. The Chair must give reasonable advance notice of all meetings to members of the Committee and the public. A majority of the members are a quorum to transact business.
(d) By-laws. The Committee may adopt by-laws to govern its activities.
(e) Duties. The Committee must:
(1) promote public awareness and knowledge of the County rustic roads program;
(2) review and comment on classification of rustic roads and exceptional rustic roads;
(3) review and provide comments on subdivision applications when the requirements of the Subdivision Regulations conflict with this Article or Executive Regulations;
(4) other duties as required by Executive Regulations;
(5) review and comment on Executive Regulations and other County policies and programs that may affect the rustic roads program; and
(6) report on June 1 of each even numbered year to the Executive, the Council, and the Planning Board on the status of the rustic roads program.
(f) Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
(g) Staff. The Chief Administrative Officer must provide the Committee with staff, offices, and supplies as are appropriated for it. (1993 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 31, § 1; 1998 L.M.C., ch. 1, §1; 2007 L.M.C., ch. 8
, § 1; 2016 L.M.C., ch. 15, § 1; 2022 L.M.C., ch. 31
, § 1; 2023 L.M.C., ch. 29, § 1.)
Editor’s note—1998 L.M.C., ch. 1, § 1, reads as follows:
“Notwithstanding Section 49-80(a) of the County Code, the County Executive may reappoint to the Rustic Roads Advisory Committee, subject to confirmation by the County Council, any at-large member of the Committee appointed before January 1, 1997, who otherwise may be precluded from reappointment because of the specific requirements of that subsection.”
(a) Definition. In this Section “Committee” means the Pedestrian, Bicycle, and Traffic Safety Advisory Committee.
(b) Established. The County Executive must appoint, subject to confirmation by the County Council, a Pedestrian, Bicycle, and Traffic Safety Advisory Committee.
(c) Composition and terms of members.
(1) The Committee has 17 members.
(2) The Executive must appoint a representative from each of the following departments as members:
(A) the Police Department;
(B) the Department of Transportation; and
(C) one of the Regional Services Centers.
(3) The Executive must invite a representative from each of the following agencies to serve as members:
(A) the County Council;
(B) the County Planning Board;
(C) the Montgomery County Public Schools; and
(D) the State Highway Administration.
(4) The Executive must appoint:
(A) one member representing a municipality from a list provided by the County chapter of the Maryland Municipal League;
(B) one member representing advocates of bicycling; and
(C) one member representing people with disabilities.
(5) The Executive must appoint the remaining individuals from different geographic areas of the County.
(6) The term of each member is 3 years. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.
(d) Voting, officers, meetings, and compensation.
(1) All members of the Committee are voting members.
(2) The Executive must designate a member of the Committee as Chair for one 2- year term.
(3) The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 4 times each year.
(4) A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.
(e) Duties. The Committee must:
(1) advise the Executive and Council on the status of the implementation of the recommendations in the Pedestrian Safety Final Report, issued in 2002;
(2) advise the Executive and Council of priorities and needs for pedestrian and bicycle safety and access, and other pedestrian-related issues; and
(3) continue to gather information on pedestrian safety and other pedestrian-related issues and identify new issues that emerge.
(f) Annual Report. By November 1 each year, the Committee must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives.
(g) Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activities is approved by the Office of Intergovernmental Relations.
(h) Staff. The Chief Administrative Officer must provide appropriate staff to the Committee. (2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2011 L.M.C., ch. 18, § 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.
2007 L.M.C., ch. 8, § 4, amended by 2011 L.M.C., ch. 18, § 2, states: Continuity and sunset of Pedestrian and Traffic Safety Advisory Committee. Section 49-81 establishes a Pedestrian and Traffic Safety Advisory Committee. This Committee continues the Pedestrian Safety Advisory Committee, created under Council Resolution 14-1281 and extended under Council Resolution 16-192. The County Executive must allow the members of the Pedestrian Safety Advisory Committee to continue to serve the remainder of their terms as members of the Pedestrian and Traffic Safety Advisory Committee. The Executive must continue to stagger the terms of the members of the Pedestrian and Traffic Safety Advisory Committee so that approximately one-third of the terms of these members continue to expire each year.