§ 49-19. Conversion of overhead lines to underground locations.

If the construction or improvement of any County road requires any person to relocate any overhead electric, telephone, or other overhead line or related facility in any County road right-of-way, the County Executive must, by regulation adopted under method (3), require that any affected line must be installed underground if the Executive finds that underground installation is desirable after considering the following factors:

(a) Any fire hazard or possible interference with fire fighting equipment due to the location of the line;

(b) A close proximity of the line to any place where people may congregate;

(c) The anticipated increase of traffic on the road to be reconstructed or improved;

(d) The population of the area, increase in population, and future conditions reasonably anticipated in the normal course of development;

(e) Air traffic in the general area of the road, proximity of any airport, location of the line in an approach to an existing or anticipated runway, or other future hazard to air traffic;

(f) The comparative costs of relocating the line overhead and installing it underground;

(g) The comparative maintenance costs for overhead and underground lines;

(h) The comparative frequency of interruptions in service for overhead and underground lines;

(i) The improvement in the appearance of the area which would result from installing the line underground;

(j) Any location or relocation of an overhead line in a Metro Station Policy Area, Town Center Policy Area, or other area expressly identified for this purpose in a Council resolution; or

(k) Any other condition that affects the public convenience, health, safety, or general welfare.

Any regulation to implement this Section must require the replacement of any street light removed during the conversion of any line to an underground location. (Ord. No. 6-77; 1971 L.M.C., ch. 3, § 43; 1984 L.M.C., ch. 24, § 48; , § 1.)

Editor’s note—Section 49-19, formerly Section 49-27, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-19 was renumbered Section 49-12 pursuant to 2007, ch. 8, § 1.

The above section is cited in Montgomery County v. Schultze, 57 Md.App. 781, 471 A.2d 1129 (1984).