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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-20. Fuel economy standards.
   (a)   The Office must develop a strategy to achieve a significant improvement in average County fleet fuel economy standards.
   (b)   This Section does not apply to public safety vehicles. (2008 L.M.C., ch. 6, § 2; 2014 L.M.C., ch. 15, § 1.)
Sec. 18A-21. Emergency Vehicles Inventory.
   By January 15, 2009, the Fire and Rescue Service, consulting with the Department of Transportation, must:
   (a)   inventory the use of its public safety vehicles; and
   (b)   develop a strategy to assure that it uses appropriate public safety vehicles when responding to an emergency, including ways the Fire and Rescue Service can increase the use of fuel efficient vehicles. (2008 L.M.C., ch. 6, § 2.)
Sec. 18A-22. Car share program.
   (a)   Costs and benefits. The Sustainability Working Group must evaluate the costs and benefits of creating a car share program for the purpose of reducing the:
      (1)   number of motor vehicles in the County fleet; and
      (2)   dependence of County residents and businesses on motor vehicle ownership.
   (b)   Factors to consider. The Sustainability Working Group must consider whether:
      (1)   a car share program will help:
         (A)   reduce traffic;
         (B)   increase transit use;
         (C)   promote walking and biking;
         (D)   reduce carbon emissions;
         (E)   improve air quality; and
         (F)   reduce demand for parking; and
      (2)   the County should partner with a private entity to develop a car share program.
   (c)   Report. The Sustainability Working Group must submit a report to the County Executive and County Council by January 15, 2009 that includes:
      (1)   findings regarding the costs and benefits of a car share program; and
      (2)   recommendations as to:
         (A)   whether the County should create, or provide incentives for the private sector to create, a car share program; and
         (B)   the type of car share program that best suits the County’s needs. (2008 L.M.C., ch. 6, § 2.)
Sec. 18A-23. Annual report.
   By February 1 each year, the Office of Energy and Sustainability must submit to the County Executive and County Council a report on the:
   (a)   use of biodiesel in County vehicles, including the quantity, blend, price per gallon, and average fuel consumption;
   (b)   results of the inventory of sport utility vehicles conducted under Section 18A-19; and
   (c)   average fuel economy for passenger vehicles and light trucks in the County fleet. (2008 L.M.C., ch. 6, § 2; 2014 L.M.C., ch. 15, § 1.)
ARTICLE 4. HOME ENERGY LOAN PROGRAM.*
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   *Editor’s note2009 L.M.C., ch. 8, § 2, states in part: (a) Unless the Council grants an extension, the County Executive must adopt and submit to the County Council, not later than (date 6 months after enactment of bill [October 14, 2009]), regulations to implement Article 4 of Chapter 18A, as added by Section 1 of this Act.
Sec. 18A-24. Definitions.
   In this Article, except as provided in Section 18A-30, the following words have the meanings indicated:
   Certified energy auditor means any individual who:
   (a)   is a participating contractor/auditor with the Maryland Home Performance with ENERGY STAR Program; or
   (b)   meets other equivalent requirements approved by the Director.
   Cost effective means the maximum estimated amount of time it takes for an energy efficiency improvement to pay for itself through reduced energy costs (the “payback” period), as determined by the Department.
   Department means the Department of Environmental Protection.
   Director means the Director of the Department or the Director’s designee.
   Eligible cost means the net cost of buying or installing an energy efficiency improvement or renewable energy device, including any part, component, or accessory necessary to operate the improvement or device, less any amount received from a public or private program because the improvement or device is or will be made or installed.
   Energy efficiency improvement means a permanent improvement made to an existing single-family home that:
   (a)   reduces the consumption of energy in the home, including:
      (1)   caulking and weatherstripping doors and windows;
      (2)   heating and cooling system efficiency modifications, including:
         (A)   replacing a burner, furnace, heat pump, or boiler, or air conditioner with a high efficiency model;
         (B)   a device to modify flue openings that increases the energy efficience or the heating system;
         (C)   any electrical or mechanical furnace ignition system which replaces a standing gas pilot; and
         (D)   any tune-up that increases the operating efficiency;
      (3)   a programmable thermostat;
      (4)   ceiling, attic, wall, or floor insulation;
      (5)   whole house air sealing;
      (6)   water heater tune-up, water heater insulation, pipe insulation, or change out to ENERGY STAR qualified water heater;
      (7)   storm windows or doors or ENERGY STAR qualified window or door replacement;
      (8)   air distribution system improvements, including duct insulation and air sealing;
      (9)   any device which controls demand of appliances and aids load management; and
      (10)   any other conservation device, renewable energy technology, and specific home improvement that the Director finds reduces the consumption of energy in the home; and
   (b)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available.
   Energy efficiency improvement does not include a standard household appliance, such as a washing machine or clothes dryer.
   ENERGY STAR rating means the ENERGY STAR rating developed by the federal Environmental Protection Agency which rates a product’s energy efficiency.
   Home energy audit means an evaluation of the energy efficiency of a home which includes any test or diagnostic measurement that the Department finds necessary to:
   (a)   assure that a home’s energy efficiency is accurately measured; and
   (b)   identify cost effective steps that can be taken to improve a home’s energy efficiency.
   Home Energy Loan Fund or Fund means the revolving loan fund established under Section 18A-30 to provide funding for the Home Energy Loan Program.
   Home Energy Loan Program or Program means the program that provides zero or low interest loans to install an energy efficiency improvement or renewable energy device.
   Home Energy Rating System or HERS means the energy efficiency rating system for residential buildings developed by the Residential Energy Services Network.
   Low interest loan means a loan with an interest rate below prevailing rates for residential home improvement loans, and which reflects:
   (a)   the County’s current cost of borrowing funds or the cost, if any, of federal funds made available to the County for this purpose; and
   (b)   the cost of administering the Program.
   Renewable energy means the following energy sources or technology:
   (a)   solar;
   (b)   wind;
   (c)   geothermal; and
   (d)   any other energy source or technology which the Director finds is derived from natural processes that do not involve the consumption of exhaustible resources.
   Renewable energy device means a device that:
   (a)   creates, converts, or actively uses renewable energy;
   (b)   is permanently installed on the home or property; and
   (c)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available.
   Single-family home means a single-family detached or attached residential building. A single-family home includes a condominium. (2009 L.M.C., ch. 8, § 1.)
Sec. 18A-25. Established; purpose.
   The Director must create and administer a Home Energy Loan Program to:
   (a)   improve energy efficiency;
   (b)   promote energy conservation;
   (c)   reduce greenhouse gas emissions; and
   (d)   reduce consumption of fossil fuels by County residents; and
   (e)   create jobs. (2009 L.M.C., ch. 8, § 1.)
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