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*Editor’s note—See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments]
Sec. 3. Regulations.
(a) The County Executive must adopt and submit to the County Council, not later than July 15, 2008: (1) regulations that revise all road construction standards and specifications to be consistent with Article 3 of Chapter 49, as amended by Section 1 of this Act, and (2) regulations that include any applicable requirement for speed humps under Section 49-30, as amended by Section 1 of this Act. The Council may by resolution extend these deadlines if compelling circumstances warrant. Until the regulations required by this Section take effect, any regulations and County design standards in effect when this Act became law [July 15, 2007] continue in effect until otherwise amended or repealed.
(b) In drafting the regulations required to implement Article 3 of Chapter 49, the County Executive must actively seek the advice of the County Planning Board and affected stakeholders, including representatives of motorists, pedestrians, bicyclists, transit users, engineering consultants and other experts, environmental advocates, and businesses located in the County.
(c) The Executive must submit progress reports to the Council on the development of these regulations on September 1, 2007; January 1, 2008, and April 1, 2008.
(d) If the Council has not approved all applicable regulations, or allowed all applicable regulations to take effect without Council action, by the later of 90 days after the Council receives the applicable regulation or 90 days after the deadline for the Executive to submit the regulation under subsection (a), the design standards in the table below must govern the construction or reconstruction of any County road, except Rustic Roads and Exceptional Rustic Roads, until the Council approves all applicable regulations.
Classification | Target Speed | Road/Lane Width | Curbside Width6 | Bike Lane Width2 | Sidewalk Width8 |
Classification | Target Speed | Road/Lane Width | Curbside Width6 | Bike Lane Width2 | Sidewalk Width8 |
Freeway | 55-65 mph | 12' lanes | Variable | none | none |
Controlled Major Highway1 |
50 mph | 12' lanes | Variable | 5' | 5' |
Parkway1 |
urban: 25 mph | 11' lanes | 25' | none | none |
suburban: 40 mph | |||||
Major Highway1, 3 |
urban: 25 mph | urban: 10.5' lanes | urban: 10' min. | 5' | urban: 15' min. |
suburban: 35-40 mph | suburban: 11' lanes | elsewhere: 15' | elsewhere: 5' | ||
rural: 45 mph7 |
rural: 12' lanes | ||||
Country Arterial4 |
suburban: 40 mph | 11' lanes | 4' | suburban: 5' | |
rural: 40-45 mph7 | rural: none | ||||
Arterial1, 4 |
urban: 25 mph | urban: 10' lanes | urban: 15' min. | urban: 4' | urban: 10' min. |
suburban: 35 mph | suburban: 11' lanes | elsewhere: 15' | suburban: 4' | elsewhere: 5' | |
rural: 40 mph7 |
rural: 12' lanes | rural: 5' | |||
Minor Arterial1, 4 |
urban: 25 mph | urban: 10' lanes | urban: 15' min. | 4' | 5' |
suburban: 30 mph | suburban: 10.5' lanes | elsewhere: 15' | |||
rural: 35 mph7 |
rural: 11' lanes | ||||
Business District Street1 |
25 mph | urban: 10' lanes | urban: 15' min. | none | 10' |
elsewhere: 11' lanes | elsewhere: 15' | ||||
Industrial Street1 |
25 mph | urban: 10' lanes | urban: 15' min. | none | 5' |
elsewhere: 11' lanes | elsewhere: 15' | ||||
Country Road | 25 mph | 20' road | none | suburban: 5' | |
rural: none | |||||
Primary and Principal Secondary Residential Streets | 25 mph | 15' | 3' | 5' | |
(no curbs or parking) | 20' road | ||||
(w/curbs, no parking)5 | 22' road | ||||
(w/curbs, 1-side parking)5 | 28' road | ||||
(w/curbs, 2-side parking)5 | 34' road | ||||
Secondary Residential Streets | 20 mph | 15' | none | 4' | |
(no curbs or parking) | 20' road | ||||
(w/curbs, no parking) | 20' road | ||||
(w/curbs, 1-side parking) | 20' road | ||||
(w/curbs, 2-side parking) | 24' road | ||||
Tertiary Residential Street | 20 mph | 20' road | 12' | none | 4' |
Alley | 15 mph | urban (2-way): 20' road | none | none | none |
urban (1-way): 16' road | |||||
suburban: 16' road | |||||
1 Add 1 foot of width to each lane abutting an outside curb. Except in urban areas, add another 2 feet of width to each lane abutting an outside curb if a shared-use roadway is consistent with the Countywide Bikeways Functional Master Plan or the applicable area master or sector plan.
2 Bike lanes must be included when a road is constructed or reconstructed if bike lanes are consistent with the Countywide Bikeways Functional Master Plan or the applicable area master or sector plan. This bike lane width replaces the added width under note (1).
3 For an open-section Controlled Major Highway, Major Highway or Country Arterial add 5 feet of width on each road edge for a paved shoulder. A bike lane replaces this additional width.
4 For an open-section Arterial or Minor Arterial add 4 feet of width beyond the edge of the outside lane for a paved shoulder. If a bike lane is provided on a road edge, the bike lane replaces this additional width.
5 For a Primary or Principal Secondary Residential Street, the total curb-to-curb width must be the sum of the road width and any master-planned bike lane widths.
6 Curbside width is the area beyond each curb necessary for sidewalks, shared use paths, street trees and other landscaping, streetlights, utilities, and other elements. For an open section road or street, the area beyond the shoulder is shown in the design standards adopted under Chapter 49.
7 Target speed for these classifications in suburban and rural commercial zones is 30 mph.
8 Sidewalks are required on both sides of any road or street, as indicated on this table, except Secondary and Tertiary Residential Streets, where the Planning Board may require a sidewalk on either or both sides of a street, depending on the area’s housing density and the potential uses of the sidewalks. An alley must not have any sidewalks.
9 Trees may be planted in a median if the design speed of the road does not exceed 40 miles per hour. The median must be at least:
(1) 8 feet wide to accommodate trees that will grow to no more than a 4-inch diameter at maturity; and
(2) 12 feet wide to accommodate any tree that will grow larger than a 4-inch diameter at maturity.
10 A landscape panel abutting a closed-section road must extend at least 5 feet from the curb and be at least 8 feet long. Trees planted in landscape panels along ‘urban’ roads must be at least 30 feet apart unless the tree spacing is interrupted by a public street or driveway.
11 Each newly built or reconstructed street must retain or filter the following amounts of stormwater on-site during a 24- hour period: ½-1" in an ‘urban’ area; at least 2" in a ‘suburban’ area; and at least 3" in a ‘rural’ area.
State law reference—Authority of County to provide for highways, bridges and streets and assessments therefor generally, Ann. Code of Md., art. 25A, § 5(K).
Article 1. In General.
§ 49-1. Compliance with standards; regulations; penalty for violations.
§ 49-2. Resolving doubt as to location of County roads.
§ 49-3. Authority to classify road repairs.
§ 49-4. Public-private participation.
§ 49-5. Right to drain dedicated roads without liability to abutting owners.
§ 49-6. Roads used for 20 years may be declared public highways.
§ 49-7. Authority of special taxing districts to regulate streets and roads.
§ 49-8. Restoration of public right-of-way.
§ 49-9. Removal of items that obstruct the vision of motorists on public highways or interfere with the use of public rights-of-way.
§ 49-10. Obstruction of public rights-of-way.
§ 49-11. Permit to obstruct public rights-of-way.
§ 49-11A. Permit to temporarily obstruct private roads.
§ 49-12. Exemptions from Sections 49-10 and 49-11.
§ 49-13. Penalty for violation of Sections 49-10 and 49-11.
§ 49-14. Debris likely to injure persons, animals, or vehicles.
§ 49-15. Accumulations of soil or foreign material on roads.
§ 49-16. Covered loads.
§ 49-17. Accumulation of snow and ice on property prohibited
§ 49-18. Interfering with or damaging roads under construction.
§ 49-19. Conversion of overhead lines to underground locations.
§ 49-19A. Permit exemption for the Purple Line.
Article 2. Franchises.
§ 49-20. Franchises for use of street; procedure for granting; notice and hearing.
§ 49-21. Council action
§ 49-22. County to retain control.
§ 49-23. Certain private rights not affected.
§ 49-24. Application of funds.
Article 3. Road Design and Construction Code.
§ 49-25. Complete streets policy and standards.
§ 49-26. Definitions.
§ 49-27. Applicability of article.
§ 49-28. Standards and specifications.
§ 49-29. Pedestrian sidewalks, bikeways, and wheelchair traffic.
§ 49-30. Traffic calming.
§ 49-31. Classification of roads.
§ 49-32. Design standards for types of roads.
§ 49-33. Road construction and reconstruction requirements.
§ 49-34. Construction by County.
§ 49-35. Right-of-way permit.
§ 49-36. Permit conditions and procedures.
§ 49-36A. Roadside tree work.
§ 49-37. Street and road bonds.
§ 49-38. Acceptance of roads.
§ 49-39. Pre-acceptance review by County.
§ 49-40. Waivers of requirements of article.
§ 49-41. Penalty for violations of Article.
§ 49-42. Reconstruction, rehabilitation, and resurfacing schedule; coordination with other government agencies and private parties.
§ 49-43. Reserved.
§ 49-44. Reserved.
Article 4. Acquisition of Land.
§ 49-45. Authority to acquire land for transportation purposes.
§ 49-46. Condemnation.
§ 49-47. Reserved.
§ 49-48. Reserved.
§ 49-49. Procedure after construction work has been done.
§ 49-50. Optional method of condemnation of land for streets or roads.
Article 5. County Roads - Authority and Funding.
§ 49-51. Reserved.
§ 49-52. An assessment of costs for road construction to be authorized by County Executive; Council to assess benefits.
§ 49-53. Public hearing; notice.
§ 49-54. Authorization of an assessment of costs for construction; recommendation of assessments to Council.
§ 49-55. Assessment of costs by County Council; appeals.
§ 49-56. Assessment of corner lots.
§ 49-57. Roads partly in unincorporated area and partly in city or town.
§ 49-58. Payment of assessments; due date; interest and penalties; deferring payments.
§ 49-59. Collecting assessments; default in paying installments.
§ 49-60. Correcting errors in assessments.
§ 49-61. Borrowing and certificates of indebtedness.
Article 6. Abandonment and Closing of Rights-of-Way.
§ 49-62. Abandonment authority; scope of Article; procedures.
§ 49-63. Decision of Council.
§ 49-64. Withdrawal of application.
§ 49-65. Notice to Planning Board; filing subdivision plat.
§ 49-66. Appeal from action of the Council.
§ 49-67. Notice of abandonment or closure.
§ 49-68. Abandonment of previously unused rights-of-way.
Article 7. Freeways and Controlled Major Highways.
§ 49-69. Reserved.
§ 49-70. Designating means of access to certain highways.
§ 49-71. Acquiring property for Freeways or Controlled Major Highways.
§ 49-72. Control of use and access.
§ 49-73. Access to Freeway or Controlled Major Highway where it divides property under one ownership.
§ 49-74. Right of access.
§ 49-75. Reserved.
Article 8. Rustic Roads Program.
§ 49-76. Purpose.
§ 49-77. Definitions.
§ 49-78. Rustic road classification and reclassification.
§ 49-79. Maintenance and improvements.
§ 49-80. Rustic Roads Advisory Committee.
Article 9. Pedestrian and Traffic Safety Advisory Committee.
49-81. Pedestrian, Bicycle, and Traffic Safety Advisory Committee.