ARTICLE 1. IN GENERAL.

Sec. 49-1. Compliance with standards; regulations; penalty for violations.

   (a)   A public road, bridge, sidewalk or bikeway must not be constructed, reconstructed, repaired, graded, improved or maintained by any person unless the construction, reconstruction, repair, improvement, grading or maintenance fully complies with this Chapter and any regulations issued under it.

   (b)   The closure of any private road must meet the standards and requirements of Chapter 22, and the owner of the private road must obtain a permit from the Department of Permitting Services if required under Section 49-11A.

   (c)   The County Executive may issue regulations under method (2) to implement this Chapter, except where a different method is specified.

   (d)   Any violation of this Chapter or any regulation issued under it is a Class B violation, except when expressly provided otherwise. (Mont. Co. Code 1965, § 24-2; 1910, ch. 484, § 177H; 1912, ch. 109, § 177H; 1912, ch. 790, § 456; 1918, ch. 229, § 177H; 1939, ch. 473; 1983 L.M.C., ch. 22, § 54; 1985 L.M.C., ch. 31, § 29; 2007 L.M.C., ch. 8, § 1; 2016 L.M.C., ch. 34, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-1, formerly Section 49-2, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1.

   Former Section 49-1, regulations and ordinances-authority to adopt, etc., derived from Mont. Co. Code 1965, § 24-1; 1910, ch. 484, § 177H; 1912, ch. 109, § 177H; 1912, ch. 790, § 456; 1918, ch. 229, § 177H; 1939, ch. 473; 1971 L.M.C., ch. 3, § 2; 1984 L.M.C., ch. 24, § 48; 1985 L.M.C., ch. 31, § 29, was repealed by 2007, ch. 8, § 1.

   See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral.

Sec. 49-2 Resolving doubt as to location of County roads.

   (a)   Whenever any doubt exists as to the proper location or width of a County road, the Director of Transportation may cause the road to be surveyed and a description and plat made of it and recorded in the County land records.

   (b)   Whenever possible, this description must be made by reference to the original description of the road when it was acquired by grant or condemnation, if the original description can be found. If the original description cannot be found, then the description and plat must be made of the road as actually laid out.

   (c)   The total cost of any necessary survey must be paid by the party that requested the survey. The total cost of a survey includes field preparation work, field surveys, office work, plat preparation, and recording time and fees. (Mont. Co. Code 1965, § 24-8; 1910, ch. 484, § 177M; 1912, ch. 790, § 461; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

   Section 49-2, formerly Section 49-8, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-2 was renumbered Section 49-1 pursuant to 2007, ch. 8, § 1.

Sec. 49-3. Authority to classify road repairs.

   The Director of Transportation may decide whether a road repair should be classified as maintenance or construction under this Chapter. (Mont. Co. Code 1965, § 103-4; 1971 L.M.C., ch. 3, § 4; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

   Section 49-3, formerly Section 49-26, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1.

   Former Section 49-3, same-enforcing compliance in equity, derived from Mont. Co. Code 1965, § 24-3; 1910, ch. 484, § 177H; 1912, ch. 109, § 177H; 1912, ch. 790, § 456; 1918, ch. 229, § 177H; 1939, ch. 473., was repealed by 2007, ch. 8, § 1. Former Section 49-3 is cited in Davis v. Miller, 339 F.Supp. 498 (D.Md. 1972).

Sec. 49-4. Public-private participation.

   The County Executive may contract with any person who is developing land in the County to participate in the cost of any road, including any sidewalk, bikeway, gutter, curb or drainage construction, landscaping, traffic control device, bikeshare station, electric vehicle charging station, or placement of utilities, conduits, or other amenities in a road dedicated to public use. (Mont. Co. Code 1965, § 24-6; 1941, ch. 756; 1971 L.M.C., ch. 3, § 4; 2007 L.M.C., ch. 8, § 1; 2014 L.M.C., ch. 37, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. (Note: Opinion refers to Sec. 49-6, which was this section’s number at the time of the Opinion.)

   2014 L.M.C., ch. 37, § 2, states: The County Executive must transmit to the Council, by June 1, 2016, a regulation adopted under Method 2 that contains comprehensive complete streets guidelines. Once adopted, this regulation must replace the standards in Section 49-32(g), (h) and (i). Any revised road design and construction standards in Chapter 49, as amended in Section 1 of this Act, do not apply to any road construction project that is in final design or construction when this Act takes effect.

   Section 49-4, formerly Section 49-6, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-4 was renumbered Section 49-7 pursuant to 2007, ch. 8, § 1.

Sec. 49-5. Right to drain dedicated roads without liability to abutting owners.

   If any road is dedicated to the use of the public by a private grant, the grant must include the right to properly drain the road, including a grant to the County of any necessary easements, without liability of the County to any abutting owner for any resulting injury. (Mont. Co. Code 1965, § 24-9; 1912, ch. 790, § 464; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-5, formerly Section 49-9, was renumbered and amended pursuant to 2007, ch. 8, § 1.

   Former Section 49-5, appropriations from any source authorized; expenditures, derived from Mont. Co. Code 1965, § 24-5; 1941, ch. 756; 1971 L.M.C., ch. 3, § 3, was repealed by 2007 L.M.C., ch. 8, § 1.

Sec. 49-6. Roads used for 20 years may be declared public highways.

   Whenever any road has been used by the public for 20 or more years, though the road may never have been condemned or granted as a public road and regardless of whether the road termini are public, the County Executive may by Executive order published in the County Register declare the road to be public. (Mont. Co. Code 1965, § 24-10; 1910, ch. 484, § 177L; 1912, ch. 790, § 460; 1971 L.M.C., ch. 3, § 6; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-6 is cited in Rounds v. Maryland-National Capital Park and Planning Commission, 214 Md. App. 90, 75 A.3d 987, cert. granted, 436 Md. 327, 81 A.3d 457 (2013).

   Section 49-6, formerly Section 49-10, was renumbered and amended pursuant to 2007, ch. 8 , § 1. Former Section 49-6 was renumbered Section 49-4 pursuant to 2007, ch. 8 , § 1.