EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0389*
HOUSE BILL 389
R1 4lr0999
By: Delegates Healey, Martinez, and Williams
Introduced and read first time: January 17, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Highways – Sidewalks and Bicycle Pathways – Maintenance and Repair 2
FOR the purpose of repealing a requirement that a political subdivision maintain and 3
repair certain sidewalks constructed by any developer of an industrial, commercial, 4
or apartment area along a highway maintained by the State Highway 5
Administration; repealing a requirement that a political subdivision maintain and 6
repair sidewalks and bicycle pathways constructed or reconstructed as part of the 7
construction or reconstruction of an urban highway or in response to the request of 8
a local government; and generally relating to maintaining and repairing sidewalks 9
and bicycle pathways. 10
BY repealing and reenacting, without amendments, 11
Article – Transportation 12
Section 8–629(a) and 8–630(b) and (c)(1) and (2) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY repealing 16
Article – Transportation 17
Section 8–629(c) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Transportation 22
Section 8–630(c)(6) 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 HOUSE BILL 389
Article – Transportation 1
8–629. 2
(a) (1) With the concurrence of the local government, the Administration may 3
require any developer of an industrial, commercial, or apartment area along a highway 4
maintained by the Administration to construct sidewalks parallel to the highway. 5
(2) The construction of these sidewalks shall meet the conditions specified 6
in entrance permits and the standards adopted by the Administration or the local 7
government. 8
[(c) After sidewalks are constructed under this section, they shall be maintained 9
and repaired by the political subdivision in which they are located.] 10
8–630. 11
(b) (1) Sidewalks shall be constructed at the time of construction or 12
reconstruction of an urban highway, or in response to the request of a local government 13
unless: 14
(i) The Administration determines that the cost or impacts of 15
constructing the sidewalks would be too great in relation to the need for them or their 16
probable use; or 17
(ii) The local government indicates that there is no need for 18
sidewalks. 19
(2) Sidewalks constructed under this section shall be consistent with area 20
master plans and transportation plans adopted by the local planning commission. 21
(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as 22
part of a roadway construction or reconstruction project, the Administration shall fund the 23
sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the 24
roadway project. 25
(2) Except as provided in paragraphs (3) and (4) of this subsection, if 26
sidewalks or bicycle pathways are constructed or reconstructed in response to a request 27
from a local government and the adjacent roadway is not being concurrently constructed or 28
reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be 29
shared equally between the State and local governments. 30
(6) [(i) Except as provided in subparagraph (ii) of this paragraph, after 31
sidewalks and bicycle pathways are constructed under this section, they shall be 32
maintained and repaired by the political subdivision in which they are located. 33
HOUSE BILL 389 3
(ii)] Subject to approval and the availability of funds, the 1
Administration promptly shall reimburse a political subdivision for the preapproved and 2
documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway 3
that has deteriorated to the extent that repair is not practical or desirable for public safety. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6