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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. 33A-12. Previously adopted plans to remain effective.
   Any plan or amendment to a plan adopted before this Chapter remains effective until superseded or amended under this chapter. (Ord. No. 7-38, § 1; 1987 L.M.C., ch. 7, § 2; Ord. No. 12-47, § 1.)
   Note-Formerly, § 33A-13; former § 33A-12 is now § 33A-11.
Sec. 33A-13. Administrative procedures.
   The Commission and the District Council may, from time to time, establish administrative procedures to implement this Chapter, consistent with this Chapter and the Regional District Act. (Ord. No. 7-38, § 1; 1987 L.M.C., ch. 7, § 2; Ord. No. 12-47, § 1.)
   Editor's note-In Maryland-National Capital Park and Planning Commission v. City of Rockville, 269 Md. 240, 305 A.2d 122 (1973) it was held that the County could seek an injunction to prevent a municipality from annexing land and rezoning it in violation of the master plan.
   Note-Formerly, § 33A-14; former § 33A-13 is now § 33A-12.
ARTICLE 2. COMPONENTS OF THE PLAN.
Sec. 33A-14. Greenhouse Gas Emissions and Racial Equity and Social Justice.
   As part of the factors and conditions outlined in Section 21-104 of the Regional District Act and Section 1-201 of the Land Use Article of the Maryland Code in preparing the Plan, the Planning Board must:
   (a)   conduct a climate assessment under Section 2-81D; and
   (b)   consider the impact of the plan on racial equity and social justice in the County, as defined in Section 2-64A.
   Editor’s note—2022 L.M.C., ch. 17 , § 2, states: Sec. 2. Transition. The Director of the Office of Legislative Oversight must begin providing climate assessments under Section 1 of this Act beginning January 1, 2023. The Planning Board must begin providing climate assessments under Section 1 of this Act beginning March 1, 2023.
   Note—Former § 33A-14 is now § 33A-13.
ARTICLE 3. GROWTH POLICIES.
Sec. 33A-15. Growth and Infrastructure Policy.
   (a)    Purpose; Policy.
      (1)   The purpose of this Article is to establish a process by which the County Council can give policy guidance to agencies of government and the public on matters concerning:
         (A)   land use development;
         (B)   growth management; and
         (C)   related environmental, economic, and social issues.
      (2)   The policy guidance will be provided through the adoption by the County Council of a Growth and Infrastructure Policy, which is intended to be an instrument that facilitates and coordinates the use of the powers of government to limit or encourage growth and development in a manner that best enhances the general health, welfare, and safety of the residents of the County.
      (3)   The County Council must adopt a Growth and Infrastructure Policy every 4 years. The policy must include guidelines for the Planning Board, and other agencies as appropriate, for their administration of Section 50-35(k) and other laws and regulations which affect the adequacy and timing of public facilities needed to support growth and development. This policy is the growth policy referred to in Article 28 of the Maryland Code and in Section 50-35(k) and elsewhere in the County Code.
   (b)   Duties of the County Planning Board.
      Every fourth year, in the second year of a Council term, the Planning Board must produce a recommended Growth and Infrastructure Policy.
      (1)   By June 15, the Board must send to the Council a staff draft Growth and Infrastructure Policy which includes:
         (A)   a status report on general land use conditions in the county, including the remaining growth capacity of zoned land, recent trends in real estate transactions, the level of service conditions of major public facilities and environmentally sensitive areas, and other relevant monitoring measures;
         (B)   a forecast of the most probable trends in population, households, and employment for the next 10 years, including key factors that may affect the trends;
         (C)   a recommended set of guidelines for the Board, and other agencies as appropriate, with respect to subdivision staging and administration of related laws and regulations which affect growth and development; and
         (D)   any other information or recommendations relevant to the Growth and Infrastructure Policy or requested by the Council in the course of adopting the Growth and Infrastructure Policy or by a later resolution.
      (2)   By August 1, the Board must approve and send to the Council a recommended Growth and Infrastructure Policy.
      (3)   The Board must promptly make available to the County Executive, other agencies (including the Office of Zoning and Administrative Hearings and the People’s Counsel), and the public copies of the staff draft and the Board’s recommended Growth and Infrastructure Policy.
   (c)   Duties of the County Executive.
      (1)   Every fourth year, in the second year of a Council term, the Executive must send to the Council by September 15 any revisions to the Growth and Infrastructure Policy recommended by the Planning Board in the form of specific additions and deletions.
      (2)   The Executive must promptly make available to the Planning Board, other agencies, and the public copies of the Executive’s recommendations.
      (3)   The Executive must assist the Planning Board to compile its status report for the recommended Growth and Infrastructure Policy by making available monitoring data which is routinely collected by executive branch departments.
   (d)   Duties of the County Board of Education.
      (1)   Every fourth year, in the second year of a Council term, the Board of Education must send to the Council by September 15 any comments on the recommended Growth and Infrastructure Policy submitted by the Planning Board and the Executive’s recommendations, including any proposed revisions in the form of specific additions or deletions.
      (2)   The Board of Education must promptly make available to the Planning Board, the Executive, and the public copies of these comments and revisions.
      (3)   The Board of Education must assist the Planning Board to compile its status report for the Growth and Infrastructure Policy by making available monitoring data which is routinely collected by Montgomery County Public Schools staff.
   (e)   Duties of the County Council.
      (1)   After receiving the recommended Growth and Infrastructure Policy, the recommendations of the Executive, and any other agency comments, the Council must hold a public hearing on the recommendations and comments.
      (2)   Every fourth year, in the second year of a Council term, the Council must adopt by November 15 a Growth and Infrastructure Policy to be effective until November 15 four years later. If the Council does not adopt a new Growth and Infrastructure Policy, the Growth and Infrastructure Policy adopted most recently remains in effect.
   (f)   Amending the Growth and Infrastructure Policy.
      (1)   The County Council, the County Executive, or the Planning Board may initiate an amendment to the Growth and Infrastructure Policy.
      (2)   If the Executive initiates an amendment:
         (A)   the Executive must send it to the Council, the Planning Board, and other agencies, and make copies available to the public;
         (B)   the Planning Board must send any comments on the proposed amendment to the Council and the other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and
         (C)   the Council may amend the Growth and Infrastructure Policy after giving the Planning Board and Board of Education an opportunity to comment and holding a public hearing.
      (3)   If the Planning Board initiates an amendment:
         (A)   the Planning Board must send it to the Council, the Executive, and other agencies, and make copies available to the public;
         (B)   the Executive must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and
         (C)   the Council may amend the Growth and Infrastructure Policy after giving the Executive and Board of Education an opportunity to comment and holding a public hearing.
      (4)   If the Council initiates an amendment:
         (A)   the Council must send it to the Executive, the Planning Board, and other agencies, and make copies available to the public;
         (B)   the Executive and the Planning Board must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and
         (C)   the Council may amend the Growth and Infrastructure Policy after a public hearing.
      (5)   If it finds that an emergency so requires, the Council may hold the public hearing and adopt an amendment before receiving comments under subparagraphs (2)(B), (3)(B), or (4)(B). (1986 L.M.C., ch. 53, § 1; 1992 L.M.C., ch. 38, § 1; 1993 L.M.C., ch. 38, § 1; 2004 L.M.C., ch. 2, § 1; 2010 L.M.C., ch. 35, § 1; 2021 L.M.C., ch. 3, § 1.)
   Editor's note—Some of the requirements of § 33A-15 (formerly § 33A-13) are mentioned in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 236.
Sec. 33A-16. Reserved.
   Editor's note—Section 33A-16, relating to an interim growth policy, added as § 33A-14 by 1986 L.M.C., as ch. 55, § 2, was repealed by 1988 L.M.C., ch. 17, § 3.
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