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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. 48-39. Duties.
   The committee shall be advisory to the county council and the county executive on all matters relating to solid waste management within the county. In particular, the committee shall:
   (a)   Review and offer recommendations on the ten-year solid waste management plans for the county.
   (b)   Investigate and make recommendations on systematic programs and alternative methods, both public and private, for the storage, collection, transportation, processing, disposal and resource recovery of solid wastes, including sludge.
   (c)   Evaluate the impact of the solid waste management program on citizens, institutions, business and industry throughout the county.
   (d)   Recommend methods to assure public involvement in solid waste planning and develop educational programs to inform the public on all aspects of solid waste management.
   (e)   Recommend local and state legislation necessary to accomplish effective solid waste management.
   (f)   Review and comment on the annual county budget for solid waste activities.
   (g)   Submit to the county executive and county council, and make available to the general public, an annual report of the activities of the committee. (1981 L.M.C., ch. 37, § 1.)
Sec. 48-40. Officers; committees; bylaws; meetings; quorum.
   (a)   The Committee may elect a chair, vice-chair, and other officers, establish subcommittees of its members and other subcommittees from outside its membership, and adopt bylaws to conduct its affairs.
   (b)   The Committee meets in public session on call by the chair 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. A majority of the members is a quorum for the transaction of business, and a majority vote of those members present at any meeting is required for any action. (1981 L.M.C., ch. 37, § 1; FY 1991 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 24, § 1.)
Sec. 48-41. 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. (2016 L.M.C., ch. 15, § 1.)
Sec. 48-42. Administrative and staff support.
   The chief administrative officer shall make available to the committee administrative and staff services and facilities necessary to assist the committee in its work. (1981 L.M.C., ch. 37, § 1; FY 1991 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 15, § 1.)
   Editor’s note—Former Section 48-42, solid waste collection advisory subcommittee, derived from 1981 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 18, § 1, was repealed by 2005 L.M.C., ch. 24, § 1.
Article IV. Solid Waste Fund.
Sec. 48-43. Established; purpose; operation and maintenance.
   (a)   There is hereby established a separate solid waste fund, which must be used to fund expenditures for the collection of solid waste in the solid waste collection district established under section 48-29 and for the provision of base and incremental solid waste management services countywide. Such subsidiary funds as are necessary for segregation of costs and revenues of separable elements of the program must be established in the solid waste fund. Such subsidiary funds must include separate funds for the collection program and for the base and incremental solid waste management services programs. In this article, the term "solid waste" includes pathological waste.
   (b)   The director of finance must credit to the solid waste fund revenues from fees collected under this chapter, collection charges in the solid waste collection district, systems benefit charges and solid waste charges collected for the use of county solid waste acceptance facilities.
   (c)   Expenditures from the solid waste fund for collection service in the collection district and for countywide base and incremental solid waste management operations, including depreciation and debt service on facilities for such operations, must be authorized by appropriation by the county council.
   (d)   The solid waste fund must be maintained and managed so that revenues equal expenses for each subsidiary fund; except that contributions from the general fund may be appropriated by the county council to subsidize a portion of the costs or to cover emergency needs, unusual capital expansion or unplanned deficits not covered by adjustments of collection charges, system benefit charges and solid waste charges. To the extent that annual expenses exceed or are less than annual revenues, solid waste collection charges system benefit charges and solid waste charges must ordinarily be adjusted at least annually to fund such deficits or to utilize such surpluses. When necessary to fund anticipated future expenses or provide multiyear funding of short-term deficits, retention of surpluses over a multiyear period is permitted. (1981 L.M.C., ch. 37, § 1; 1986 L.M.C., ch. 67, § 1; 1992 L.M.C., ch. 39, § 1.)
Sec. 48-44. Contracts; appropriations.
   (a)   The county may enter into multiyear contracts for the collection and disposal of solid waste to the extent that the county council has provided appropriations sufficient to fund such contracts. Appropriations by the county council must specify the revenues to be derived from collection charges and disposal fees as well as other revenues as may be necessary to fund the appropriations.
   (b)   Notwithstanding subsection (a), section 11B-8(a), or any other provision of county law governing multiyear contracts, the chief administrative officer, on behalf of the county, may enter into and amend multiyear contracts with the Northeast Maryland Waste Disposal Authority or any other party, including contracts authorized by section 3-915 of the Natural Resources Article of the Annotated Code of Maryland, if;
      (1)   The facilities or services provided by the authority or another party under the contract or amendment are described in a notice of intent submitted to the county under section 3-920 of the Natural Resources Article; and
      (2)   The notice of intent specifically proposes that the county enter into or amend a multiyear contract for the described facilities or services under this subsection; and
      (3)   The notice of intent has not been disapproved by the county council during the 120-day period described in section 3-920 of the Natural Resources Article; and
      (4)   The county council has not, within forty-five (45) days after receiving the final draft contract or amendment and a notice that the chief administrative officer intends to sign the contract or amendment in that form, disapproved the contract or amendment by resolution. The provisions of subsection (a) and section 11B-8(a) requiring annual appropriations and a termination provision for any multiyear contract do not apply to any contract authorized under this subsection. However, every multiyear contract or amendment authorized by this subsection must permit the county to terminate its obligations under the contract or amendment for convenience if the county provides the contracting parties with amounts sufficient to defray costs and obligations that the parties have incurred in accordance with the contract or amendment. (1981 L.M.C., ch. 37, § 1; 1988 L.M.C., ch. 41, § 1.)
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