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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. 24-36. Meetings; quorum; voting; bylaws.
   (a)   The Committee meets in public session on call by the Chair as often as required to perform its duties. The Committee must meet at least 6 times each year. A regular or special meeting of the Committee must also be convened at the request of two-thirds of the voting members of the Committee. The Chair must give reasonable advance notice of all meetings to members of the Committee and the general public.
   (b)   A majority of the voting members of the Committee is a quorum to transact business.
   (c)   The Committee may adopt bylaws to govern its activities. (1976 L.M.C., ch. 32, § 1; 1979 L.M.C., ch. 18, § 3; FY 1991 L.M.C., ch. 22, § 1; 1992 L.M.C., ch. 23, § 1.)
Sec. 24-37. Reserved.
   Editor’s note—Section 24-37, relating to compensation of members of the mental health advisory committee, derived from 1976 L.M.C, ch. 32, § 1, was repealed by FY 1991 L.M.C., ch. 9, § 1. See § 2-145.
Section 24-38. Duties.
   The duties of the Mental Health Advisory Committee are:
   (a)   monitor, review, and evaluate the allocation and adequacy of publicly-funded mental health services within the County through means such as conducting or participating in site visits;
   (b)   determine the needs of the County mental health system, including quality of services, gaps in the system, and interagency coordination;
   (c)   participate in the development of the local mental health plan and local mental health budget;
   (d)   prepare an annual report which must include:
      (1)   a description of the progress of the County mental health system;
      (2)   recommendations on actions needed to improve the system;
      (3)   recommendations on priorities for allocation of funds; and
      (4)   recommendations on appropriate allocation of funds consistent with established priorities and available funds;
   (e)   disseminate the annual report to the:
      (1)   Director of the Department of Health and Human Services;
      (2)   County Council;
      (3)   County Executive;
      (4)   State Mental Hygiene Administration’s Regional Mental Health Director;
      (5)   Director of Mental Hygiene Administration;
      (6)   Secretary of the Department of Health and Mental Hygiene; and
      (7)   Maryland Advisory Council on Mental Hygiene; and
   (f)   review and comment on the annual mental health plan and preliminary budget for the State mental health grant to the County; and
   (g)   review and comment on the annual budget for mental health services of the Department of Health and Human Services. (1976 L.M.C., ch. 32, § 1; 1979 L.M.C., ch. 18, § 4; FY 1991 L.M.C., ch. 22, § 1; 1992 L.M.C., ch. 23, § 1; 1995 L.M.C., ch. 13, § 1.)
   Editor’s note—1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Sec. 24-39. Advocacy.
   The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
Sec. 24-40. Staff support.
   The Department of Health and Human Services provides staff support to the Committee. (1976 L.M.C., ch. 32, § 1; FY 1991 L.M.C., ch. 22, § 1; 1995 L.M.C., ch. 13, § 1; 2016 L.M.C., ch. 15, §1.)
   Editor’s note—1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
   Editor’s note—The original Section 24-40, relating to the application of this article, derived from 1976 L.M.C., ch. 32, § 1, was repealed by 1979 L.M.C., ch. 18, § 5.
ARTICLE V. ALCOHOL AND OTHER DRUG ADDICTION ADVISORY COUNCIL.*
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   *Editor’s note—CY 1991 L.M.C., ch. 40, §§ 1, 2, combined two councils, viz., the Local Alcoholism Advisory Council, formerly governed by this article, and the Local Drug Abuse Advisory Council, formerly governed by Art. VI, and established a new Alcohol and Other Drug Abuse Advisory Council, included in this article as §§ 24-4124-43. Former Article V was derived from 1979 L.M.C., ch. 23, § 1; 1985 L.M.C., ch.. 57, § 2; and FY 1991 L.M.C., ch. 9, § 1. Former Article VI was derived from 1981 L.M.C., ch. 12, § 1; 1983 L.M.C., ch. 36, § 1; 1985 L.M.C., ch. 57, § 2; and FY 1991 L.M.C., ch. 9, § 1.
   Cross reference—Boards and commissions generally, § 2-141, et seq.
Sec. 24-41. Members; appointment.
   (a)   Members. The County Executive must appoint, subject to confirmation by the County Council, an Alcohol and Other Drug Addiction Advisory Council. The Council consists of 16 voting members and 9 nonvoting members.
   (b)   Voting members. The County Executive should appoint the voting members so that they include:
      (1)   4 members of the general public that reflect the geographic diversity of the County;
      (2)   an individual who is recovering from alcoholism or other drug addiction;
      (3)   a professional who treats alcoholism or other drug addiction;
      (4)   a professional who provides care to prevent alcoholism or other drug addiction;
      (5)   a person of high school age or younger;
      (6)   a person who represents the multi-cultural diversity of the County;
      (7)   a practicing physician;
      (8)   a pharmacist;
      (9)   a relative of an individual who is receiving care for alcoholism or other drug addiction; and
      (10)   a member of:
         (A)   the clergy;
         (B)   the legal profession;
         (C)   the County parent-teachers associations; and
         (D)   the business community.
   (c)   Nonvoting members. The following should each designate one nonvoting ex-officio member of the Council:
      (1)   County Executive;
      (2)   County Council;
      (3)   Health and Human Services Department;
      (4)   Police Department;
      (5)   Montgomery County Public School System;
      (6)   Board of License Commissioners;
      (7)   Department of Corrections and Rehabilitation;
      (8)   Mental Health Advisory Committee; and
      (9)   Victims Services Advisory Board.
   (d)   Removal of members. Section 2-148(c) applies only to voting members of the Council. (CY 1991 L.M.C., ch. 40, § 1; 1995 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 24, § 1; 2023 L.M.C., ch. 12 , §1.)
   Editor’s note—See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member.
   1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Sec. 24-42. Officers; subcommittees; meetings; bylaws; staff.
   (a)   Officers. The Council must elect a Chair annually. The Council may select other officers annually as it finds appropriate. A member must not serve as Chair for more than 2 consecutive years.
   (b)   Subcommittees. The Council may establish subcommittees that may include persons who are not members of the Council. However, the Chair of each subcommittee must be a member of the Council.
   (c)   Meetings. The Council meets at the call of the Chair as often as required to perform its duties, but at least 9 times each year. The Council must also meet if two-thirds of the voting members request in writing that a meeting be held. The Chair must give reasonable advance notice of all meetings to members of the Council and the general public. A majority of the voting members are a quorum to transact business.
   (d)   By-laws. The Council may establish by-laws to govern its activities.
   (e)   Staff. The Department of Health and Human Services must provide the Council with staff support. (CY 1991 L.M.C., ch. 40, § 1; 1995 L.M.C., ch. 13, § 1.)
   Editor’s note—1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Sec. 24-43. Duties of the Council.
   The Council must:
   (a)   identify local alcohol and other drug addiction program needs, after receiving the advice of the Director of the Department of Health and Human Services by June 1 of each year;
   (b)   review the state alcohol and other drug addiction plan;
   (c)   assist in the development of an annual County alcohol and other drug addiction plan;
   (d)   recommend appropriate allocation of funds to support alcohol and other drug addiction programs after considering other available funding sources;
   (e)   promote alcohol and other drug addiction programs;
   (f)   conduct or participate in one or more public forums each year concerning alcoholism and other drug addiction; and
   (g)   issue an annual report to the County Executive, County Council, and Director of the Department of Health and Human Services by October 1 of each year. The report must:
      (1)   evaluate the progress of local alcohol and other drug addiction programs;
      (2)   identify actions needed to improve local alcohol and other drug addiction programs; and
      (3)   outline goals of the Council for the following year. (CY 1991 L.M.C., ch. 40, §1; 1995 L.M.C., ch. 13, § 1; 2023 L.M.C., ch. 12, §1.)
   Editor’s note—1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
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