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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. 41-18. Physical standards.
   (a)   The campground shall be located on a well-drained site, not adjacent to swamps or marshes, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Each campsite shall be well-drained and laid out in such manner as to provide sufficient open and graded space for the accommodation of camping units.
   (b)   Each campsite shall provide a minimum of nine hundred (900) square feet of space and, if vehicles are permitted on the campsite, shall provide additional parking space for an automobile in a manner as not to interfere with the convenient and safe movement of traffic.
   (c)   All campsites which accommodate vehicles shall abut upon a driveway of not less than twenty-five (25) feet in width which shall have direct access to a public highway, street, road or other public right-of-way; provided, that where one-way traffic is designated a road fifteen (15) feet in width shall be permitted, and that where an entrance gate to the campground is erected, an attendant shall be on duty at all times to allow the entrance of
emergency vehicles. All service roads shall be constructed in such fashion as to permit convenient and safe movement of traffic. Service roads and parking areas shall be composed of suitable material to provide stability and all weather access.
   (d)   Each campground shall provide service buildings to house those toilet and other fixtures required in section 43H030601, regulations governing camps of the state board of health and mental hygiene, which regulations are herewith made part of this article. Service buildings shall be located not closer than fifty (50) feet nor farther than fifteen hundred (1,500) feet from any campsite and may be permanently constructed; provided, that there shall be toilet and handwashing facilities no farther than six hundred (600) feet from any campsite.
   (e)   The campground shall comply with the zoning ordinance, chapter 59 of this Code.
   (f)   In addition to the water supply and sewage disposal requirements contained in sections 43H0307 and 43H0308 of the aforementioned state regulations, each campground, which admits travel trailers, shall provide facilities for filling trailer water tanks and for discharging sewage wastes from trailer holding tanks into the campground sewage disposal system.
   (g)   Each campground shall be equipped, at all times, with one (1) fire extinguisher in good working order for every fifteen (15) campsites. The length of travel from any campsite to the nearest extinguisher shall not exceed two hundred (200) feet.
   (h)   Where fireplaces are provided, they shall be surrounded by a clear zone of ten (10) feet in all directions.
   (i)   Campsites may be equipped with temporary platforms constructed only by the owner. Permanent or semi-permanent huts or other living room additions to camping units shall not be permitted. (Ord. No. 5-165.)
Sec. 41-19. Standards of operation.
   (a)   Each campsite may accommodate one (1) or more camping units occupied by persons belonging to the same party in charge of an individual camper.
   (b)   Residence at any campsite in a particular campground by the same person or persons shall not be permitted for more than fifteen (15) days in any thirty-day period.
   (c)   Only camping units as defined in section 41-6 shall be permitted on campsites.
   (d)   Campfires and open fire cooking operations may only be established within a clear zone extending ten (10) feet in all directions.
   (e)   Each licensee shall keep a register of all campers and occupants including the following information:
      (1)   Campsite number.
      (2)   Name and address of each occupant.
      (3)   Dates of arrival and of departure of each camper.
      (4)   License number, state of license, make, year and model of automobile.
      (5)   Registration number, state of registration and ownership of towed camping vehicles, if any.
   Each licensee shall keep the register available for inspection at all times by law enforcement officers or other officials of the county whose duties require access to the information contained in the register. Registers shall not be destroyed for a period of three (3) years following the date of registration.
   (f)   The campground shall be supervised by the owner, licensee or duly authorized attendant, and there shall be on the premises at all times a responsible person who can take emergency action.
   (g)   The licensee shall keep the campground, its facilities and equipment in good repair and in clean and orderly condition. (Ord. No. 5-165.)
Article III. Recreation Areas and Advisory Boards.
Sec. 41-20. Designation and purpose of recreation areas.
   The county executive is hereby authorized to designate, and change from time to time, by executive order, the geographical boundaries of such recreation areas within the recreation district as the county executive determines are necessary to distinguish parts of the county with common recreational needs. The purpose of these areas will be to identify geographically parts of the county so that the administration of the county's recreation program can be carried out more efficiently and effectively to meet particular needs. (1974 L.M.C., ch. 45, § 2; 1982 L.M.C., ch. 51, § 1.)
Sec. 41-21. Recreation and Parks Advisory Board.
   (a)    There is a County Recreation and Parks Advisory Board. Each member is appointed by the County Executive and confirmed by the County Council for a 3-year term beginning on July 1. A member serves until a successor is appointed and confirmed.
   (b)    The voting members of the Board are:
      (1)   3 representatives from each recreation area; and
      (2)   6 members appointed from the County at-large to represent a cross-section of the population of the County.
   (c)    The ex officio, nonvoting members of the Board are:
      (1)   a representative of the Department of Parks of the Maryland-National Capital Park and Planning Commission;
      (2)   an administrative representative of the Board of Education;
      (3)   the immediate past Chair of the County Recreation Board, unless that person serves on the Board in another capacity;
      (4)   a representative of the Office of Community Use of Public Facilities;
      (5)   a representative of the Community Action Board;
      (6)   a representative of the Commission on Aging; and
      (7)   a representative of the Commission on People with Disabilities. (1974 L.M.C., ch. 45, § 2; 1978 L.M.C., ch. 35, § 1; 1982 L.M.C., ch. 51, § 1; 1984 L.M.C., ch. 16, § 1; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 2, § 1; 1998 L.M.C., ch. 29, § 1; 2001 L.M.C., ch. 29, § 1; 2005 L.M.C., ch. 24, § 1; 2016 L.M.C., ch. 12, § 1.)
   Editor’s note—See County Attorney Opinion dated 5/22/98 explaining that a recreation area advisory board does not have the authority to elect representatives to the County Recreation Board; those representatives are appointed by the County Executive.
   Cross reference-Boards and commissions generally, § 2-141 et seq.
Sec. 41-22. Same-Duties and responsibilities.
   The County Recreation Advisory Board must:
   (a)   Study the recreation services and needs of the County.
   (b)   Act in an advisory capacity to the Director of Recreation, the County Executive and the County Council in matters relating to recreation policies and services.
   (c)   Assist in developing and maintaining cooperative relationships with the Board of Education, the Maryland-National Capital Park and Planning Commission, and the various voluntary agencies in the County in matters affecting recreation programs and services.
   (d)   Interpret recreation policies and programs to the County Council and to the public.
   (e)   Recommend to the Director items the Board believes should be included in the budget.
   (f)   Review plans for new facilities and make recommendations to the Director concerning them.
   (g)   Appear at special Department of Recreation functions and visit recreational programs and activities from time to time.
   (h)   Coordinate the activities of the recreation area advisory boards. (1974 L.M.C., ch. 45, § 2; 1982 L.M.C., ch. 51, § 1; 2005 L.M.C., ch. 24, § 1.)
Sec. 41-23. Officers; committees; bylaws; meetings; quorum; compensation of members.
   (a)   The chairperson of the county recreation board shall be elected by the membership annually. The county recreation board is authorized to elect other officers, to establish committees of its members and to adopt by-laws and adopt regulations, under method (2) of section 2A-15 of this Code, for the conduct of its affairs as it deems desirable.
   (b)   The county recreation board meets in public session on call by the chairperson as frequently as necessary to perform its duties, but not less than once each quarter of any calendar year. Reasonable notice must be given for all meetings of the board. A majority of the members of the board is a quorum for the transaction of business, and a majority vote of those present at any meeting is required for any action taken by the board.
   (c)   Members of the county recreation board serve without compensation. (1974 L.M.C., ch. 45, § 2; 1977 L.M.C., ch. 28, § 13; 1982 L.M.C., ch. 51, § 1; 1984 L.M.C., ch. 24, § 43; FY 1991 L.M.C., ch. 9, § 1.)
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