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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
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 BUILDER AND SELLER REGISTRATION AND WARRANTY - 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
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Sec. 18A-2. Energy Policy-Purposes; preparation; contents; action plan; annual review.
   (a)   The County Executive must develop and submit to the County Council for approval an energy policy which establishes both short and long-term energy efficiency objectives, promotes immediate and long-range energy consciousness, identifies potential strategies for leadership at the County level to help secure the County's energy future, and stresses the link between energy and the environment. The Executive must review the energy policy annually and report to the Council by October 31 on its continuing appropriateness, and may with Council approval amend it from time to time.
   (b)   To further the objectives of the energy policy, the Executive must annually develop an energy work program of activities which can be accomplished in 12 to 24 months. The Executive must review the work program each year, may add new initiatives when action is completed on previous years' activities, and may modify or end existing activities as appropriate. The Executive must also propose a long-range plan of public and private actions to accomplish those objectives. (1976 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 24, § 1.)
Sec. 18A-3. Public hearing; modifications; approval; effective date.
   (a)   After receiving a proposed energy policy from the County Executive, the County Council must, after not less than 30 days notice to the public, conduct a public hearing on the energy policy at which all interested persons, firms, organizations and groups must have an opportunity to comment on the policy.
   (b)   After the record of the public hearing on the policy closes, the County Council by resolution must either:
      (1)   Approve the policy as submitted by the County Executive; or
      (2)   Modify the policy and approve it as so modified; or
      (3)   Reject the policy and resubmit it to the County Executive for further consideration, revision and resubmission, addressing issues raised by the Council.
   (c)   If the County Council modifies the policy as submitted by the County Executive, the Council must, within 3 working days after taking action thereon, transmit the policy as modified to the County Executive, who must, within 10 days after receipt of the modified policy, indicate in writing to the Council concurrence or nonconcurrence with the modifications. If the Executive does not indicate nonconcurrence within 10 days, the policy takes effect as modified by the Council. If within 10 days the Executive does not concur with the modifications made by the Council and states reasons therefor, the Council must either:
      (1)   Further revise the policy to take into account any or all of the objections and recommendations of the County Executive and then approve the policy as further revised; or
      (2)   By an affirmative vote of a simple majority of its members, approve the policy as previously sent to the Executive.
   (d)   Except as otherwise provided in this Section, the policy takes effect on the date it is approved by the County Council and continues in effect until amended in accordance with Section 18A-4. (1976 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 24, § 1.)
Sec. 18A-4. Amendments.
   (a)   Amendments to the energy policy may be initiated at any time by the County Executive or by the County Council.
   (b)   Amendments to the policy which are initiated by the County Executive must be prepared and processed in accordance with Sections 18A-2 and 18A-3.
   (c)   Amendments to the policy which are initiated by the County Council must be prepared in accordance with Section 18A-2 and then submitted to the County Executive for review and comment. The County Executive must have 30 days in which to submit comments in writing to the County Council, after which the Council must proceed to public hearing and processing of the policy in accordance with Section 18A-3. (1976 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 24, § 1.)
Sec. 18A-5. Climate, Energy, and Air Quality Advisory Committee; establishment; terms of office; ex-officio members.
   (a)   There is hereby established an Advisory Committee on Climate, Energy, and Air Quality to assist the County Council and the County Executive in carrying out the purposes of this Chapter and Chapter 3. The Committee consists of 15 members appointed by the Executive, subject to confirmation by the Council. One member must be designated by the Executive and confirmed by the Council to serve as chair of the Committee. Each appointee must be a resident of the County who is technically knowledgeable and interested in climate change, energy and air quality.
   (b)    Appointments, terms of office, and attendance requirements are governed by Section 2-148. The initial appointments must be staggered. Members appointed to fill vacancies serve the remainder of the unexpired term.
   (c)    Members of the Committee serve without compensation.
   (d)    In addition to the chair appointed under subsection (a), the Committee may elect other officers necessary to carry out its duties.
   (e)    In addition to the 15 voting members of the Committee, the County Executive and the County Council may each appoint an ex-officio, non-voting member to serve at the pleasure of the appointing authority. (1976 L.M.C., ch. 13, § 1; 1977 L.M.C., ch. 5, § 1; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 24, § 1; 2008 L.M.C., ch. 6, § 1; 2008 L.M.C., ch. 9, § 1; 2020 L.M.C., ch. 21, §1.)
   Editor’s note—22020 L.M.C., ch. 21, § 2, states: Transition. A member of the Committee serving when this Act takes effect continues as a member for the remainder of his or her term of office.
   Cross reference-Boards and commissions generally, § 2-141 et seq.
Sec. 18A-6. Meetings; quorum; voting.
   The Committee must meet in public session on call by the chair as frequently as required to perform its duties but not less than once each calendar quarter. A regular or emergency meeting may also be convened at the request of two-thirds of the members. Reasonable notice must be given to the Committee members and to the general public for all meetings of the Committee, as required by the state open meetings law. A majority of the members of the Committee is a quorum for the transaction of business, and a majority vote of those present, but not less than 4 members, is sufficient to take any action. (1976 L.M.C., ch. 13, § 1; 1977 L.M.C., ch. 5, § 2; 1977 L.M.C., ch. 28, § 7; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 24, § 1.)
Sec. 18A-7. Subcommittees.
   The chair may, with the approval of the Committee, appoint subcommittees from among its members to assist in carrying out any function of the Committee. Any subcommittee so appointed must consist of not less than 3 members. Subcommittee action is not the action of the Committee and does not bind the Committee or its members. (1976 L.M.C., ch. 13, § 1; 1977 L.M.C., ch. 5, § 3; 1995 L.M.C., ch. 24, § 1.)
Sec. 18A-8. Duties and responsibilities.
   The Committee has the following duties:
   (a)   Advise the Executive and the Council of the activities of the Committee in furthering the purpose of this Chapter and Chapter 3;
   (b)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs aimed at meeting the County’s greenhouse gas emission reduction goals;
   (c)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs to promote cleaner, more efficient, and more reliable energy use and practice in all segments of the community;
   (d)   Comment on or assist in developing programs to meet air quality standards and to promote healthy indoor and outdoor air quality;
   (e)   Identify areas and methods to encourage voluntary participation in climate-related efforts, energy conservation efforts and air quality improvements;
   (f)   Identify and recommend innovative programs, policies, and technologies to improve climate and air quality for the Executive, the Council, and the public to implement;
   (g)   Recommend the development of educational programs and materials to educate the public and private sectors about the efficient use of energy and its direct benefits for improved air quality and reduced greenhouse gas emissions; and
   (h)   Carry out duties assigned from time to time by the Executive and the Council to assist in fulfilling the purposes of this Article. (1976 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 24, § 1; 2008 L.M.C., ch. 6, § 1; 2008 L.M.C., § 1; 2020 L.M.C., ch. 21, §1; 2021 L.M.C., ch. 26, § 1.)
   Editor’s note2020 L.M.C., ch. 21, § 2, states: Transition. A member of the Committee serving when this Act takes effect continues as a member for the remainder of his or her term of office.
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