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(a) Generally. A permit to begin work for new construction, alteration, removal, demolition, or other building operation must not be issued until the fees authorized in this Section are paid to the Department. An amendment to a permit that requires an additional fee because of an increase in the estimated cost of the work involved must not be approved until the additional fee is paid. The Department must not issue any building permit for a residence, except a building designed to be used as a residence for the person's own or immediate family use, under Section 31C-1, to any person except a licensed building contractor or an authorized agent of the licensed building contractor.
(b) Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter except as specifically stipulated by legally granted waivers or modifications as described in the application. The issuance of a permit shall not prevent the department from thereafter requiring a correction of errors in plans or in construction or of violations of this chapter and all other applicable laws or ordinances specifically referring thereto. Certification by a certified engineer that the plans and specifications are in compliance with this chapter shall be accepted by the director as prima facie evidence that all the requirements of this chapter have been met unless he discovers otherwise.
(c) Compliance with permit. All work must conform to the approved application and plans for which the permit has been issued and any approved amendments to the permit.
(d) Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.
(e) Change in plot plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless a revised diagram showing such changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except, that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.
(f) Compliance with plumbing and gas fitting regulations. Permits for the erection, enlargement or alteration of buildings will not be issued until evidence has been presented that the plans of the proposed building comply with all applicable regulations relating to water supply, sewerage, drainage, plumbing and gas fitting.
(g) Compliance with zoning regulations. The building or structure must comply with all applicable zoning regulations, including all conditions and development standards attached to a site plan approved under Chapter 59. The issuance of a permit by the Department for the building or structure does not affect an otherwise applicable zoning regulation.
(h) Compliance with location certificate. Before any first floor construction of a building or structure is placed upon the foundation walls thereof, the owner of such building or structure shall provide the department with two (2) copies of a location plat, certified by a land surveyor entitled by law to practice property line surveying in the state; except, that a professional engineer entitled by law to practice in this state may provide such certification only where property lines and corners are already existing and determined on the ground. This plat shall be drawn accurately to an appropriate scale and shall show the actual location of the building or structure walls with respect to property lines and existing buildings or structures on the same lot, parcel or tract.
(i) Compliance with excavation, grading and sediment control regulations.
(1) Unless the construction is exempted by Chapter 19, an applicant for a building permit must obtain a sediment control permit before the building permit is issued.
(2) If a sediment control permit is suspended or revoked, the building permit for construction within the area subject to the sediment control permit may be suspended or revoked.
(3) All work shall conform to plans approved and/or permits issued in accordance with Chapter 19 of this Code.
(j) Compliance with performance bond for construction of streets before issuance of permit. As used in this subsection, the phrase “such streets” means streets abutting the building site and those extensions of streets necessary to meet the minimum requirements of Chapter 49.
(1) A permit must not be issued for the erection of any building or structure unless the applicant delivers to the County a performance bond for the construction of streets in all rights-of-way abutting the property on which the building or structure will be erected and those extensions of streets necessary to meet the minimum requirements of Chapter 49. However, a performance bond for the construction of streets is not required when:
(A) all streets are paved with a hard surface and have been accepted for maintenance or are being maintained by the County; or
(B) the County Council authorized construction of each street on a front foot assessment basis.
(2) The performance bond to be delivered shall be that bond required by Section 49-40 of this Code, and such bond shall be in an amount to cover the entire cost of construction of such streets.
(3) If the applicant owns, or is obligated by contract to develop, all or substantially all of the property abutting the streets, a bond in an amount to cover the cost of grading of the streets is sufficient to obtain a building permit. When the applicant does not own, and is not obligated by contract to develop, all or substantially all of the property abutting the streets, the applicant may demand that the Director of Transportation present to the County Council the applicant's proposal to construct the streets on a front-foot-assessment basis. If the County Council refuses to authorize the construction of the streets on a front-foot- assessment basis, the Department must not require the applicant to post a performance bond.
(4) Whenever the applicant must post a performance bond to cover the entire cost of construction, the applicant simultaneously must apply to the Department of Permitting Services for a permit to construct the streets. If the bond covers only grading, the applicant simultaneously must apply for a permit to grade the streets.
(5) If the construction or grading guaranteed by such bond is not begun and completed within a period of one (1) year after the delivery of such bond, the County may proceed to cause such work to be done, in accordance with the provisions of Chapter 49 of this Code and hold the principal or surety on such bond or both liable for the cost thereof.
(k) Location of underground utilities. On all work calling for excavation exceeding twelve (12) inches in depth, the applicant shall provide evidence of the location of all utility lines within the area of the proposed excavation.
(l) Compliance with stop work orders. The issuance of a permit shall be expressly conditioned upon the applicant's prompt compliance with all stop work orders issued by the Director.
(m) County line. Every building or other structure for which a permit is issued must be located completely in the County.
(n) Tree protection. If any clearing, construction, or development allowed by any permit issued under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:
(1) the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and
(2) the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A(d).
The Department must approve or reject each proposed plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.
(o) Regulations. The Director may recommend, and the Executive may adopt, regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under subsection (n) These regulations must be at least as stringent as applicable state roadside tree care standards and requirements. (1975 L.M.C., ch. 1, § 3; 1986 L.M.C., ch. 46, § 1; 1986 L.M.C., ch. 49, § 3; 1987 L.M.C., ch. 11, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 1998 L.M.C., ch. 17, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2005 L.M.C., ch. 17, § 1; 2006 L.M.C., ch. 44, § 1; 2008 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 22, § 1; 2017 L.M.C., ch. 24, § 1.)
Editor's note—Section 8-26 is cited in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005). In Board of Appeals of Montgomery County v. The Mariana Apartments, Inc., 272 Md. 691, 326 A.2d 734 (1974), it was held that the County (and the board of appeals) cannot deny a building permit on grounds of inadequate sewage disposal in the area, as that determination is made by the Washington Suburban Sanitary Commission, which either issues or denies a sewer permit.
See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
2013 L.M.C., ch. 22, § 2, states: Effective Date. This Act takes effect on March 1, 2014, and applies to any permit applied for under Chapter 8, Chapter 19, or Section 49-35 on or after that date.
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.
1987 L.M.C., ch. 11, § 2, which amended subsection (g), gave an expiration date of March 1, 1987, for the act, with any permit issued before that date remaining in effect until the expiration date in the permit. The provisions allowed a six-month waiver of the provisions of the subsection in case of emergency.