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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-14. Department of General Services – Office of Energy and Sustainability.
   (a)   Created. There is an Office of Energy and Sustainability in the Department of General Services.
   (b)   Duties. The Office must:
      (1)   develop an energy baseline, energy unit savings plan, and energy cost savings plan for the County’s building portfolio;
      (2)   develop a comprehensive plan to reduce the energy consumption and impact of fleet operations, which may include the use of alternative fuels, reductions vehicle miles traveled, improvements in vehicle efficiency, or vehicle electrification strategy;
      (3)   execute plans to use Energy Performance Contracting to improve the efficiency of County buildings, as authorized by the Director of General Services;
      (4)   develop and execute the County’s renewable energy plans, including the purchase of renewable energy and deployment of solar and other clean energy sources across County facilities,
      (5)   coordinate with the Office of Procurement to develop green and environmentally preferable purchasing plans;
      (6)   develop initiatives, plans, and projects to reduce the environmental impact of County operations and foster a culture of sustainability within the County Government; and
      (7)   prepare and submit data summarizing efforts to reduce the environmental impact of County operations to any annual Sustainability report prepared by the County Executive in collaboration with other Departments and Agencies.
   (c)   Annual report. By February 1 each year, the Office must submit to the County Council an annual report on:
      (1)   its activities, accomplishments, plans, and objectives;
      (2)   actions taken to reduce the energy consumption and impact of fleet operations;
      (3)   the use of biodiesel fuels in County vehicles, results of the sport utility vehicle inventory, and the average fuel economy for passenger vehicles and light trucks in the County fleet as required under Section 18A-23; and
      (4)   steps taken in the preceding year to implement the energy unit savings plan and energy cost savings plan for the County’s portfolio of buildings as required under Section 8-14B. (2014 L.M.C., ch. 15, § 1.)
Sec. 18A-15. Climate Protection Plan.
   (a)   Inventory. The Office of Sustainability in the Department of Environmental Protection may update the greenhouse gas emissions inventory to determine the amount of greenhouse gases emitted in the County and submit a written report on the inventory to the County Executive and County Council.
   (b)   Reduction of greenhouse gas emissions. The Office may update the County Climate Protection Plan. Any update should report the County’s progress on reducing Countywide greenhouse gas emissions to 80% below the amount of greenhouse gas emissions in the base year identified in the inventory prepared under subsection (a) by January 1, 2050, including any recommendations that would ensure a 10% reduction every 5 years through 2050.
   (c)   Climate Protection Plan. The Climate Protection Plan must:
      (1)   identify a strategy, including short-, mid-, and long-term goals to reduce Countywide greenhouse gas emissions to the levels required in subsection (b);
      (2)   explain how the Climate Protection Plan relates to the Energy Policy approved by the Council under Section 18A-3 and identify any recommended changes to the Energy Policy that are needed to implement the Climate Protection Plan;
      (3)   identify existing cap and trade programs and recommend whether the County should join a cap and trade program;
      (4)   identify ways to increase sequestration of greenhouse gases, including a Tree Canopy Initiative that contains a plan for increasing the County’s tree canopy;
      (5)   include an education and outreach plan designed to educate County residents and businesses about:
         (A)   global climate change;
         (B)   County efforts to reduce greenhouse gas emissions;
         (C)   sequestration of carbon; and
         (D)   best practices for reducing greenhouse gas emissions;
      (6)   include a strategy to achieve a significant improvement in the average County fleet fuel economy standards as required under Section 18A-20;
      (7)   identify a strategy to reduce vehicle miles traveled in the County; and
      (8)   estimate the time and resources necessary to implement the Climate Protection Plan.
   (d)   Preparation. In preparing any update to the Climate Protection Plan, the Office must:
      (1)   consider greenhouse gas emissions reduction programs in other jurisdictions;
      (2)   evaluate the potential costs and benefits of different options for reducing greenhouse gas emissions to the County’s economy, environment, health, safety, and welfare; and
      (3)   use the best available economic models, emissions estimating techniques, and other scientific methods.
   (e)   Annual report. The Office of Sustainability must submit a report to the County Executive and County Council by February 1 of each year that specifies:
      (1)   the actions taken to implement the Climate Protection Plan in the preceding fiscal year; and
      (2)   whether the County is meeting the goals identified in the Climate Protection Plan. (2008 L.M.C., ch. 9, § 2; 2014 L.M.C., ch. 15, § 1.)
   Editor’s note—Section 18A-15, formerly § 18A-14, was renumbered, amended and retitled pursuant to 2014 L.M.C., ch. 15, § 1.
   Editor’s note—Former Section 18A-15, Carbon tax, derived from 2008 L.M.C., ch. 9, § 2, was repealed by 2014 L.M.C., ch. 15, § 1.
Sec. 18A-16. Reserved.
   Editor’s note—Former Section 18A-16, Renewable Energy Action Plan, derived from 2008 L.M.C., ch. 10, § 1, was repealed by 2014 L.M.C., ch. 15, § 1.
Sec. 18A-16A. Social cost of carbon assessment.
   (a)   Definitions. In this Section, the following words have the meanings indicated:
      Department means the Department of General Services.
      Director means the Director of the Department or the Director’s designee.
      Energy Project means an energy efficiency or renewable energy improvement to a building or facility that is expected to reduce the onsite consumption of electricity, natural gas, or other fuels.
      Return on Investment means a performance measure used to evaluate the financial return of an energy project, including reasonable forecasts of energy costs and other factors.
      Social cost of carbon means an estimate of the economic damages or damages avoided associated with the increase or reduction of one metric ton of carbon dioxide emissions.
   (b)   When evaluating a building to determine whether to improve the building’s energy efficiency, the Department must include the social cost of carbon as a factor in determining the return on investment of the proposed energy efficiency improvements.
   (c)   In performing its analysis, the Department must use the standard developed by the United States Environmental Protection Agency or a standard the Director finds equivalent.
   (d)   In performing its analysis, the Department should consult the Department of Environmental Protection and any other County department or agency with expertise in environmental sustainability. (2014 L.M.C., ch. 8, § 1.)
ARTICLE 3. CLIMATE PROTECTION—MOTOR VEHICLES—COUNTY FLEET.
Sec. 18A-17. Definitions.
   In this Article, the following words have the meanings indicated:
   ASTM means the American Society for Testing and Materials.
   B20 means a biodiesel blend of 20% biodiesel and 80% petroleum diesel fuels.
   Biodiesel means any biomass-based diesel fuel certified by the Environmental Protection Agency.
   Biodiesel blend means a blend of biodiesel fuel, designated BXX, where XX represents the volume percentage of biodiesel fuel in the blend.
   Car share program means a program that allows County employees to conduct County business using motor vehicles which:
      (1)   are owned or leased by the County; and
      (2)   County residents and businesses can lease when they are not being used for County business.
   County fleet means all passenger vehicles and light trucks owned or leased by the County.
   County vehicle means any motor vehicle owned or leased by the County.
   Department means the Department of General Services.
   Diesel fuel means a distillate fuel for use in diesel engines.
   Director means the Director of the Department or the Director’s designee.
   Fuel economy means the federal Environmental Protection Agency’s combined (city and highway) fuel economy estimate for a vehicle.
   Light truck means a motor vehicle with a gross vehicle weight of less than 8,500 pounds which is:
      (1)   designed primarily for transporting property;
      (2)   designed primarily for transporting persons and has a capacity of more than 12 persons; or
      (3)   available with special features that enable off-road operation or use.
   Miles per gallon means the distance traveled in a vehicle powered by one gallon of fuel.
   Office of Energy and Sustainability or Office means the Office of Energy and Sustainability in the Department of General Services created in Section 18A-14.
   Passenger vehicle means a motor vehicle, except a light truck or motorcycle, designed to carry no more than 12 persons.
   Public safety vehicle means a motor vehicle whose primary purpose is patrol, transport, emergency response, or another purpose that requires specialized equipment or capabilities, which is used by:
      (1)   the Department of Police;
      (2)   the Fire and Rescue Service;
      (3)   the Department of Correction and Rehabilitation; or
      (4)   any other County department or agency. (2008 L.M.C., ch. 6, § 2; 2014 L.M.C., ch. 15, § 1.)
Sec. 18A-18. Biodiesel fuel standards.
   (a)   Standard. A County vehicle with a diesel engine must use a biodiesel blend of B20 or higher unless the Director finds that there is a compelling reason to use:
      (1)   a different biodiesel or other biofuel blend; or
      (2)   another fuel that achieves greater greenhouse gas reductions.
   (b)   Applicability. This Section does not apply to any County vehicle for which mechanical failure due to use of biodiesel fuel would void the manufacturer’s warranty for that vehicle.
   (c)   The Director may waive the requirements of this subsection for up to 1 year if the Director finds that compliance is not feasible for a certain type of vehicle. (2008 L.M.C., ch. 6, § 2.)
Sec. 18A-19. Sport utility vehicles.
   (a)   The Office of Energy and Sustainability must conduct an annual inventory of the County’s sport utility vehicles and:
      (1)   identify the function that each sport utility vehicle performs;
      (2)   identify the most fuel-efficient type of vehicle that could reasonably and satisfactorily perform the function that each sport utility vehicle performs; and
      (3)   eliminate or replace any sport utility vehicle for which a more fuel-efficient vehicle could reasonably and satisfactorily perform the identified function.
   (b)   The Office must develop criteria to identify which positions in County government should be assigned a sport utility vehicle from the County fleet. The Director must follow this criteria when assigning vehicles from the County fleet. (2008 L.M.C., ch. 6, § 2; 2014 L.M.C., ch. 15, § 1.)
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