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Montgomery County Overview
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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
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CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Sec. 22A-3. Definitions.
   In this Chapter, the following terms have the meanings indicated:
   Administrative subdivision means a plan for a proposed subdivision or resubdivision prepared and submitted for approval by the Planning Director under Division 50.6 of Chapter 50 before preparation of a subdivision plat.
   Afforestation means the establishment of forest or tree cover in accordance with this Chapter on an area from which it has always or very long been absent, or the planting of open areas which are not in forest cover.
   Agricultural activity means farming activities conducted as part of a recognized commercial enterprise, including: plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, and the cultivation of orchard, nursery, and other products.
   Agricultural and resource area means an undeveloped area zoned for a density of less than or equal to one dwelling unit per 5 acres.
   Champion tree means the largest tree of its species in the County, as designated by the County Forest Conservancy District Board or its designee.
   Commercial and industrial uses means manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yards, and parking areas.
   Commercial logging or timber harvesting operation means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
   Conditional use means a use approved under Section 7.3.1 of Chapter 59.
   Declaration of intent means a signed and notarized statement by a landowner that the cutting of trees on the landowner's property:
   (1)   is for purposes exempted under this Chapter; and
   (2)   will not circumvent the requirements of this Chapter.
   Developed area means the portion of a property which has been altered from its natural state by the construction of a building, recreational facility, road or alley, rail line, athletic field, stormwater management facility, parking lot, utility or similar improvement.
   Developed property means a property that contains a developed area.
   Development application means an application, as described in Section 22A-4, filed with the Planning Board, Planning Director, Board of Appeals, Hearing Examiner, or Department of Permitting Services, for plan approval or sediment control permit.
   Development plan means a plan or an amendment to a development plan approved under Section 7.7.1.B of Chapter 59 or a floating zone plan approved under Section 7.2.1 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.
   Development project completion means the date or event identified in the forest conservation plan agreement, but no later than the date on which the first use-and-occupancy permit is issued for the development (or activity) subject to the preliminary plan of subdivision or sediment control permit or, if a use-and-occupancy permit is not required, the date on which the final building inspection or sediment control inspection (for activities not involving building) is conducted by the Department of Permitting Services. A staged development may have more than one completion date.
   District Council means the County Council in its capacity, under Division II of the Land Use Article of the Maryland Code, to act on planning and zoning for the Maryland-Washington Regional District.
   Equestrian Facility: Any building, structure, or land area that is primarily used for the care, breeding, boarding, rental, riding, sport eventing, or training of horses or ponies, the teaching of equestrian skills, or competitive equestrian events.
   Floodplain (100-year) means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or a 100-year flood.
   Forest means a biological community dominated by trees and other woody plants (including plant communities, the understory, and forest floor) covering a land area which is 10,000 square feet or greater and at least 50 feet wide.  However, minor portions of a forest stand which otherwise meet this definition may be less than 50 feet wide if they exhibit the same character and composition as the overall stand. Forest includes:
   (1)   areas that have at least 100 live trees per acre with at least 50 percent of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and
   (2)   forest areas that have been cut but not cleared.
   Forest does not include an orchard.
   Forest conservation means the retention of existing forest or the creation of new forest at the levels set by the Planning Board or Planning Director.
   Forest conservation fund means a special fund maintained by the County to be used for purposes specified in Section 22A-27.
   Forest conservation plan means a plan approved under Article II.
   Forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of  ¼ acre planted for every one acre removed to a ratio of 2 acres planted for every one acre removed.
   Forest cover means the area of a site meeting the definition of forest.
   Forest edge means the transition zone from an area of forest to fields, meadows, yards, or other open spaces. Forest edge includes forest that was previously interior forest, but has become forest edge due to clearing.
   Forest mitigation banking means the intentional preservation, restoration, or creation of forests undertaken expressly to provide credits for afforestation or reforestation requirements.
   Forest stand delineation means the evaluation of existing vegetation in relation to the natural resources on a site proposed for development or land disturbing activities.
   High-density residential area means an area zoned for densities greater than one dwelling unit per 40,000 square feet, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.
   Institutional development areameans land occupied by uses such as schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, fire stations, golf courses, recreation areas, parks, cemeteries, and religious institutions.
   Land disturbing activities:
      (1)   has the same meaning as in Chapter 19; and
      (2)   means cutting, clearing, or grading of more than 5,000 square feet of forest.
   Linear project means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise to be constructed or improved as part of an application for subdivision approval, such as electricity, gas, water, sewer, communications, trains, pedestrians, and vehicles.  A linear project may traverse fee simple properties through defined boundaries or through easement rights.
   Lot means for the purpose of this Chapter a tract of land, the boundaries of which have been established as a result of a deed or previous subdivision of a larger parcel, and which will not be the subject of further subdivision, as defined under Chapter 50, without an approved forest stand delineation and forest conservation plan.
   Mandatory referral means the required review by the Planning Board of projects or activities to be undertaken by government agencies and private and public utilities under Section 20-301 of the Land Use Article of the Maryland Code.
   Medium-density residential area means an area zoned for a density greater than one dwelling unit per 5 acres and less than or equal to one dwelling unit per 40,000 square feet, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.
   Minor subdivision means a plan for a proposed subdivision or resubdivision prepared and submitted for approval by the Planning Director under Division 50.7 of Chapter 50.
   Mixed-use development means a single, relatively high-density development project, usually commercial in nature, which includes 2 or more types of uses.
   Municipal corporation means a municipality without planning and zoning authority or which has assigned its responsibilities under Section 5-1603(a) of the Natural Resources Article of the Maryland Code to the County.
   Natural regeneration means the natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.
   Net tract area means the total area of a tract, including both forested and unforested areas, to the nearest 1/10 acre, reduced by road or utility rights-of-way which will not be improved as part of the development application.  However, in agriculture and resource areas, net tract area is the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities.  For a linear project, net tract area is the area of a right-of-way width or the limits of disturbance as shown on the development application, whichever is greater.
   Obligee means a person obligated under a financial security instrument to meet certain regulatory requirements under Article II.
   Park development plan means an application submitted by the Montgomery County Parks Department for the construction and development of a specific park.
   Person means:
      (1)   the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units,
      (2)   an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind,
      (3)   any partnership, firm, common ownership community or other homeowners' association, public or private corporation or any of their affiliates or subsidiaries, or
      (4)   any other entity.
   Planned unit development means a development comprised of a combination of land uses or varying intensities of the same land use, having at least 20% of the land permanently dedicated to green area, and under an integrated plan that provides flexibility in land use design approved by the Planning Board under Section 7.2.1 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.
   Planning Board means the County Planning Board of the Maryland-National Capital Park and Planning Commission.
   Planning Director means the Director of the Montgomery County Park and Planning Department, or the Director's designee.
   Preliminary plan of subdivision means a plan for a proposed subdivision or resubdivision prepared and submitted for approval by the Planning Board under Division 50.4 of Chapter 50 before preparation of a subdivision plat.
   Project plan means a plan or an amendment to a project plan referred to in Section 7.7.1.B of Chapter 59 or a sketch plan approved under Section 7.3.3 of Chapter 59.
   Public utility means any:
      (1)   transmission line or electric generating station; or
      (2)   water, sewer, electric, gas, telephone, and cable service line.
   Reforestation or reforested means the creation of a biological community dominated by trees and other woody plants (including plant communities, the understory, and forest floor) which is at least 10,000 square feet in area and 50 feet wide, and containing at least 100 live trees per acre, with at least 50 percent of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground within 7 years.  Reforestation for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.
   Restoration plan means a plan prepared in response to a violation of this Chapter.
   Retention means the deliberate holding and protecting of existing trees and other plants on the site.
   Sediment control permit means a permit required to be obtained for certain land disturbing activities:
      (1)   under Chapter 19, Article I;
      (2)   from the Washington Suburban Sanitary Commission for major utility construction as defined under regulations of the Commission; or
      (3)   from a municipal corporation.
   Significant tree means a tree of any species that is 24 inches or greater in diameter at 4.5 feet above the ground.
   Site plan means a plan or an amendment to a site plan approved under Section 7.3.4 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.
   Sketch plan means a plan or amendment to a sketch plan approved under Chapter 59.7.3.3.
   Special exception means a use approved as a conditional use under Section 7.3.1 or Section 7.7.1.B of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.
   Special Protection Area (SPA) means a geographic area designated by the County Council under Section 19-62(a).
   Stream Restoration Project means an activity that:
      (1)   is designed to stabilize stream banks or enhance stream function or habitat located in an existing stream, waterway, or floodplain;
      (2)   avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;
      (3)   may be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and
      (4)   is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with a development application.
   Subdivision has the same meaning as stated in Chapter 50.
   Technical Manual means a detailed guidance document used for administration of this Chapter that is adopted by the Planning Board under Section 22A-26.
   Timber harvesting means a tree cutting operation affecting one or more acres of forest or developed woodland within a one year period that disturbs 5,000 square feet or more of forest floor. Timber harvesting does not include grubbing and clearing of root mass.
   Tract means:
      (1)   the property subject to a development application or a sediment control permit, the boundaries of which are described by deed or record plat;
      (2)   the entire property subject to a development application or a sediment control permit if it is developed as a single project; or
      (3)   the length and width of the right-of-way or the limits of disturbance, whichever is greater, for a linear project.
   Tree means a large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
   Tree cover means the combined area, in square feet, of the crowns of all trees on a tract. For replanting purposes, tree cover is the typical crown area for the specific tree at 20 years.
   Tree save plan means a plan prepared in conjunction with a development application indicating where trees are to be retained or planted, including the establishment of conservation areas.
   Variance means relief from this Chapter.  Variance does not mean a subdivision or zoning variance.
   Watershed means any area delineated as a watershed in the Montgomery County Municipal Separate Storm Sewer System (MS4) Permit Implementation Program (delineated by the State of Maryland as an 8-digit watershed), and any smaller area within the watershed that is delineated by the State of Maryland as a 12-Digit watershed.
   Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.  (1992 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14 , § 1; 2001 L.M.C., ch 19, § 1; 2002 L.M.C., ch. 16, § 2; 2004 L.M.C., ch. 20, § 1; 2006 L.M.C., ch. 35, § 1; 2007 L.M.C., ch. 10, § 1; 2013 L.M.C., ch. 4 , § 1; 2014 L.M.C., ch. 25, § 1; 2016 L.M.C., ch. 8 , § 1; 2017 L.M.C., ch. 34, §1; 2018 L.M.C., ch. 14, §1; 2018 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1; 2021 L.M.C., ch. 1, §1; 2021 L.M.C., ch. 26, § 1.)
   Editor’s note—2001 L.M.C., ch. 19, § 2, reads as follows:
   Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:
   (a)   a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or
   (b)   a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].