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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. 40-12A. Disclosure of Historic Designation
   (a)   If any real property:
      (1)   has been designated as a historic site in the master plan for historic preservation;
      (2)   is located in an area designated as a historic district in that plan; or
      (3)   is listed as a historic resource on the County locational atlas of historic sites, the seller must disclose that fact to each prospective buyer before the buyer signs a contract for the sale of the property.
   (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:
      (1)   the seller has provided the information required by subsection (a); and
      (2)   the buyer understands that special restrictions on land uses and physical changes may apply to this property, and the buyer may obtain more information about these restrictions from the staff of the County Historic Preservation Commission.
   (c)   The County historic preservation staff must inform the public, by posting on a web site or another equally effective means, that the boundaries of any historic district have changed within 5 days after the change takes effect. The failure to post this notice does not invalidate any boundary change or other action. (2001 L.M.C., ch. 24, § 1.)
   Editor’s note2001 L.M.C., ch. 24, § 2, states that Section 40-12A, added by this Act, takes effect on April 1, 2002, and applies to any contract for the sale of real property signed on or after that date.
Sec. 40-12B. Real property sold in Agricultural Zones.
   (a)   If any real property is located in, adjoins, or confronts an area zoned agricultural, as defined in Section 59-C-9.1, the seller must disclose to each prospective buyer, before the buyer signs a contract for the sale of the property, that existing County and State law is intended to discourage owners of real property adjacent to agricultural-zoned land from filing certain lawsuits against an owner or operator of an agricultural use in those areas. The following text must be substantially included in the disclosure:
   As required under Montgomery County Code § 40-12B, you are hereby notified that the state of Maryland and Montgomery County have enacted laws that establish agriculture as the preferred use on land zoned Rural Density Transfer and as a permitted use in other agricultural zones, as defined in Section 59-C-9.1 of the County Code. The property subject to this contract is located in, adjoins, or confronts an area zoned agricultural. Residents and other occupants of property near land in agricultural zones should be prepared to accept effects of usual and customary agricultural operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of manure, unusual hours of operation, and other agricultural activities.
   Under Maryland law, an agricultural operation is not a nuisance, and a lawsuit may not be successful alleging that an agricultural operation interferes with the use or enjoyment of other property, if the agricultural operation:
         (1)   has continued for at least 1 year;
         (2)   complies with applicable health, environmental, zoning, and permit requirements; and
         (3)   is not conducted negligently.
   County law may provide additional protections for agricultural uses on agricultural-zoned land. For further information, contact the Montgomery County Office of Agriculture.
   (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:
      (1)   the seller has provided the information required by subsection (a); and
      (2)   the buyer understands that:
         (A)   adjacent property may be the source of agricultural-related nuisances; and
         (B)   the buyer may obtain more information about these nuisances from the Montgomery County Office of Agriculture. (2007, L.M.C., ch. 13; § 1; 2015 L.M.C., ch. 36, § 1.)
Sec. 40-12C. Disclosure of actual property tax amount.
   (a)   Any written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of a specific residential real property located in the County must disclose the estimated full-year property tax that a buyer would be obligated to pay in the next full tax year after the property is transferred, based on all applicable rates in force when the material is produced. As used in this Section, the full-year property tax that must be estimated includes:
      (1)   all State and County property taxes (including any applicable special service area tax), and any applicable municipal property taxes; and
      (2)   any other non-tax fee or charge included on the consolidated tax bill.
   (b)   If any material subject to subsection (a) mentions both the annual property tax that the current owner is obligated to pay and the annual property tax that a buyer would be obligated to pay after the property is transferred, the material must:
      (1)   feature both tax amounts equally prominently; and
      (2)   present the property tax that the buyer would be obligated to pay either immediately before or immediately after the property tax that the current owner is obligated to pay.
   (c)   The estimate required by subsection (a) must be updated:
      (1)   each July 1, to reflect changes in tax, fee, and charge rates; and
      (2)   by January 31 if the current fiscal year is the third year of the property’s 3-year assessment cycle, to reflect the revised assessed value of the property issued by the State Department of Assessments and Taxation.
   (d)   The Office of Consumer Protection must assist a seller in estimating the information required under subsection (a).
   (e)   A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller relied in good faith on a method approved or recommended by the County to estimate the information. (2007 L.M.C., ch. 22, § 1.)
Sec. 40-12D. Disclosure of availability of property tax credits for accessibility improvements.
   (a)   Before the buyer signs a contract for the purchase of a new single-family residential real property in the County, the seller must disclose to each prospective buyer that a real property tax credit may be available to the buyer for the cost of installing accessibility features or the cost of Level I or Level II accessibility standards to the property as defined in Section 52-18U(a).
   (b)   The disclosure must include general information about the types of improvements for which the credits are available and an estimate of the general cost to make the improvements.
   (c)   A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller or the seller’s agent relied in good faith on information provided by the County to describe the credit or to estimate the amount of the credit. (2013 L.M.C., ch. 32, § 1.)
Sec. 40-13. Other disclosure requirements not affected.
   This Article does not supersede or otherwise affect any duty of a property seller, real estate agent, or broker to fully disclose all specific facts relevant to or affecting any property, imposed by any other law or regulation or any common law principle. (1974 L.M.C., ch. 43, §1; 1997 L.M.C., ch. 15, § 1; 2000 L.M.C., ch. 28, § 1.)
   Editor's note—Former Sec. 40-13, relating to the applicability of this article within incorporated municipalities, derived from 1974 L.M.C., ch. 43, § 1, was repealed by § 25 of 1985 L.M.C., ch. 31. See § 2-96.
Sec. 40-13B. Energy performance audits—single family homes.
   (a)   Definitions. In this Section, the following words have the meanings indicated:
      Department means the Department of Environmental Protection.
      Director means the Director of the Department or the Director’s designee.
      Home energy audit means an evaluation of the energy efficiency of a home which includes any test or diagnostic measurement which the Department finds necessary to:
      (1)   ensure that a home’s energy efficiency is accurately measured; or
      (2)   identify steps that can be taken to improve a home’s energy efficiency.
      Office of Sustainability or Office means the Office of Sustainability in the Department of Environmental Protection created in Section 18A-13.
      Single-family home means a single-family detached or attached residential building.
   (b)   Before signing a contract for the sale of a single-family home, the seller must provide the buyer with:
      (1)    material approved by the Department that gives information about home energy efficiency improvements, including the benefit of conducting a home energy audit; and
      (2)   copies of the electric, gas, and home heating oil bills or cost and usage history for the single-family home for the immediate prior 12 months, unless the single-family home was unoccupied for the entire prior 12 months. If the seller did not occupy the single-family home for the entire prior 12 months, the seller must provide the buyer with the required information for that part of the prior 12 months, if any, that the seller occupied the single-family home.
   (c)   The Office of Sustainability must evaluate options to encourage homeowners to conduct a home energy audit, including whether the County should require a home energy audit to be conducted before the sale of a single-family home. (2008 L.M.C., ch. 8, § 1; 2014 L.M.C., ch. 15, § 1.)
   Editor’s note—2008 L.M.C., ch. 8, § 2, states: Applicability. Section 40-13B, as added by Section 1 of this Act, applies to any sales contract signed on or after January 1, 2009.
Sec. 40-13C. Radon test—single-family home.
   (a)   Definitions. In this Section, the following words have the meanings indicated:
      Department means the Department of Environmental Protection.
      Director means the Director of the Department or the Director’s designee.
      Single-family home means a single-family detached or attached residential building. Single-family home does not include a residential unit that is part of a condominium regime or a cooperative housing corporation.
      Radon means a radioactive gas found in the air that comes from the natural breakdown of uranium in soil, rock, and water.
      Radon test means measuring the amount of radon in an indoor space:
      (1)   with a device made for this purpose;
      (2)   approved for use by the Director; and
      (3)   performed in accordance with the protocols specified for the device used.
   (b)   Except as provided in subsection (c), a single-family home located in the County must be tested for radon before completing a sale of the home. The radon test must be performed less than one year before the settlement date. The seller must either perform the test or permit the buyer to perform the test. Both the seller and the buyer must receive a copy of the results of the radon test.
   (c)   The settlement of the sale of a single-family home located in the County may be completed without a radon test if the sale is:
      (1)   exempt from the transfer tax under Md. Tax-Property Code, §13-207, as amended;
      (2)   by a lender or an affiliate or subsidiary of a lender that acquired the home by foreclosure or deed in lieu of foreclosure;
      (3)   a sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
      (4)   a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust; or
      (5)   a transfer of a home to be converted by the buyer into a use other than residential or to be demolished. (2015 L.M.C., ch. 50, §1.)
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