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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. 27-45. Reports.
   The Community Action Board annually must report to the County Executive, the County Council, and the public on the Board’s activities . (1976 L.M.C., ch. 1, § 1; 1977 L.M.C., ch. 28, § 10; 1977 L.M.C., ch. 30, §15; 1997, L.M.C., ch. 25, §1.)
Sec. 27-46. Repeal of current resolution.
   Resolution No. 6-1332, dated June 18, 1968, the current resolution establishing the community action committee, is hereby rescinded, and any section therein inconsistent with this article is hereby declared null and of no effect or force. (1976 L.M.C., ch. 1, § 1; 1977 L.M.C., ch. 28, § 10; 1977 L.M.C., ch. 30, § 15.)
Article V. Commission on Children and Youth. [Note]

 

Notes

[Note]
*Editor's note-Resolution No. 8-2077, adopted July 11, 1978, states: "It is the legislative intent of the County council with regard to 1979 L.M.C., ch. 4 that:
   "One of the governmental representatives appointed to the commission on children and youth shall serve as acting chairperson of the commission.
   "In appointing the executive secretaries of both commissions, the director of the office of family resources shall take into consideration recommendations from members of the respective commissions.
   "Reports from the commission on children and youth that deal with the office of family resources would be sent initially to the director of the office of family resources."
Cross reference-Boards and commissions generally, § 2-141 et seq. 
Sec. 27-47. Statement of policy.
   The County Council believes that a Commission on Children and Youth is necessary to advise the County Council, County Executive, Department of Health and Human Services and the Board of Education, on the development of coordinated community and government policies, programs and services which support children, youth and families. The objectives of the Commission are: To identify the needs of children and youth according to age, location and special services required; to identify all existing services, public and private, available to children, youth and families; to identify those changes in public policy, service delivery, and funding necessary to improve the supporting services available to children, youth and families; and to serve as the community voice for children and youth and to be a forum for discussion with youth. The Commission on Children and Youth should coordinate work with the Commission on Child Care and should not duplicate the work of the Commission on Child Care. (1979 L.M.C., ch. 4, § 1; 1988 L.M.C., ch. 5, § 1; 1995 L.M.C., ch. 13, § 1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC 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. 27-48. Commission on Children and Youth Generally.
   (a)   Creation and appointment. There is a Commission on Children and Youth. The County Executive appoints Commission members, subject to County Council approval. The Commission has 27 members, including the following:
      (1)   one representative from the:
      (A)   public school system;
      (B)   private schools in the County; and
      (C)   Department of Recreation.
      (2)   The Department of Health and Human Services has 2 representatives.
The remaining 22 members should be equally divided among individuals with recent experience in agencies providing services to children and youth, youth and young adults, and parents. The County Executive appoints the Chair and the Vice-Chair of the Commission, subject to County Council approval. A County government representative must not be the Chair or Vice-Chair. Commission members may make recommendations to the County Executive about appointment of the Chair and Vice-Chair.
   (b)   Terms of office. The term of a member is 3 years, except that a youth or young adult member is appointed for one year from June 1 to May 30.
   (c)   Compensation. Members of the Commission must not receive compensation for their services.
   (d)   Meetings. The Commission meets on the call of the Chair as required to perform its duties but not less than 6 times each year.
   (e)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
   (f)   Staff. The Department of Health and Human Services provides the necessary staff support to the Commission for the conduct of the Commission's formal sessions. (1979 L.M.C., ch. 4, § 1; 1979 L.M.C., ch. 20, § 1; 1981 L.M.C., ch. 41, § 1; FY 1991 L.M.C., ch. 5, § 1; 1995 L.M.C., ch. 13, § ; 2016 L.M.C., ch. 15, § 1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC 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. 27-49. Duties and responsibilities.
   The Commission has the following duties and responsibilities:
   (a)   Initiate recommendations for such procedures, programs or legislation as it may deem necessary to promote the well-being of children, youth and families in the community;
   (b)   Hold public hearings, initiate interagency conferences and create special task forces in order to identify and assess needs, review services, programs and policies and plan new strategies for supporting children, youth and families;
   (c)   Collect data on the needs of children and youth, as well as services delivered by public and private agencies in the County;
   (d)   Evaluate and review the implementation of County policies and programs affecting children, youth and families, including but not limited to: Early childhood education, health and nutrition, neglected and dependent children and youth, children/ youth with special needs and prevention and treatment of delinquency;
   (e)   Recommend annual priorities which the County government should follow for improving services in support of children, youth, and families;
   (f)   Review and promote the coordination of services between and among all agencies serving children and youth in this County;
   (g)   Review, assess and make recommendations regarding funding of proposals utilizing public funds to be spent in behalf of children and youth;
   (h)   Give recommendations to the County Executive and County Council for new sources of public funds for children and youth;
   (i)   Review standards for licensing and operation of services to children and youth.
   (j)   Serve as the children's council as established by Article 49D of the Annotated Code of Maryland and perform the duties and functions provided therein;
   (k)   Provide effective public information on children's programs and services in the County;
   (l)   Participate in the activities of the State Office for Children and Youth;
   (m)   Solicit advice and suggestions from public and private agencies, and their professional staffs, concerned with problems of children and youth through the establishment of committees or other appropriate means;
   (n)   Formulate bylaws and operating procedures necessary to carry out responsibilities;
   (o)   Supervise and coordinate activities of the Youth Advisory Committee as a subcommittee of the Commission; and
   (p)   Advise the County Council, County Executive, Department of Health and Human Services, and Board of Education in matters relating to children, youth, and families. (1979 L.M.C., ch. 4, § 1; FY 1991 L.M.C., ch. 5, § 1; 1995 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 21, § 2.)
   Editor's note--Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC 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. 27-49A. Citizens Review Panel for Children.
   (a)   Creation. The Citizens Review Panel for Children is established.
   (b)   Appointment. The County Executive must appoint the members of the Citizens Review Panel, subject to County Council confirmation. The Executive must appoint the chair and vice-chair of the Citizens Review Panel, subject to Council confirmation. A member of the Citizens Review Panel may recommend individuals to the Executive to serve as the chair and vice-chair.
   (c)   Membership.
      (1)   The Citizens Review Panel has 9 to 14 members.
         (A)   The Executive must appoint 7 members. No more than 3 members may be members of the Commission on Children and Youth who are separately confirmed by the Council as Panel members.
         (B)   One member each must be a County resident selected under State law by:
            (1)   the State Citizens Review Board for Children; and
            (2)   the State Council on Child Abuse and Neglect.
         (C)   The Executive may appoint, subject to confirmation by the Council, not more than 5 additional non-voting members to provide technical and professional advice to the Panel about child protective services. These members must have experience in preventing and treating child abuse and neglect, such as child advocates, volunteers of the court-appointed special advocate program, attorneys who represent children, parents and consumer representatives, and health and human services professionals. These members each serve a term of 3 years. A panel member should consider the advice of these members, but must exercise independent judgment in evaluating their advice.
      (2)   Each member of the Panel must be a volunteer who:
         (A)   exercises the member's own free will in all deliberations of the Panel;
         (B)   acts independently of any outside influence, particularly the member's employer;
         (C)   does not represent any agency or organization; and
         (D)   is not a County or State employee, or spouse or domestic partner of an employee, whose participation would be inconsistent with County Council policies regarding appointment of government employees to boards, committees, and commissions.
   (d)   Duties. The Citizens Review Panel must:
      (1)   implement State law regarding local citizens review boards;
      (2)   examine the policies and procedures of State and local agencies and, where appropriate, specific cases to evaluate the extent to which these agencies in the County are effectively fulfilling their responsibilities to implement the child protection standards and State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;
      (3)   report the Panel's findings to the Executive, the Council, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect;
      (4)   within 60 days after the end of each fiscal year, prepare and make available to the public a report summarizing the Panel's activities during the fiscal year; and
      (5)   carry out other duties as requested to assist the County Department of Health and Human Services, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect.
   (e)   Terms of office. The term of a Panel member is 3 years.
   (f)   Compensation. Members of the Panel must not receive compensation for their services. A member may receive reimbursement for expenses incurred in connection with the member's service on the Panel, subject to appropriations.
   (g)   Meetings. The Citizens Review Panel must meet at least once every 3 months at the call of the chair.
   (h)   Access to information. Federal law requires the State to provide any case information requested by the Panel that is necessary for the Panel to carry out its functions. County agencies and employees must provide any case or other information that the Panel decides is necessary or useful to carry out its functions. Each member of the Panel is subject to State laws that restrict or prohibit disclosure of:
      (A)   identifying information about a specific child protection case; or
      (B)   certain other information.
   (i)   Staff. Federal law requires the State to provide staff support to the Citizens Review Panel. The County Department of Health and Human Services may provide staff support to the Panel if the State reimburses the County for the full cost of the support. (2001 L.M.C., ch. 5, § 1; 2005 L.M.C., ch. 24, § 1.)
   Editor's note2001 L.M.C., ch. 5, § 2, states:
   Transition.
   (a) When making initial appointments to the Citizens Review Panel, the County Executive must appoint 2 members to a one-year term, 2 members to a two-year term, and 3 members to a three-year term.
   (b) The Executive must appoint the members of the Advisory Group under Code Section 27-49A(j), as added by this Act, to initial terms of 1, 2, or 3 years, coincident with the term of a Panel member, so that the terms of no more than 2 members of the group expire in the same calendar year.
   (c) A member who serves for 18 months or less in a Panel or Advisory Group position during the position's initial term of one or two years is eligible for reappointment as if the member had not previously served in the position.
Article VI. Commission on People with Disabilites. [Note]

 

Notes

[Note]
   *Editor's note-FY 1991 L.M.C., ch. 6, § 2, changed the title of this article from "Commission on Handicapped Individuals" to "Commission on People With Disabilities."
   Cross reference-Boards and commissions generally, § 2-141 et seq.
 
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