The Council may approve a franchise for the occupation of any road or other right-of-way, either on, above, or below the surface if the following requirements are met:
(a) Application to be published. The applicant must publish notice of each application for a franchise once a week for 3 successive weeks in one or more newspapers of general circulation in the County, specifying:
(1) a summary of terms of the proposed franchise;
(2) the compensation the County may receive, including in-kind goods and services; and
(3) the location, character, and extent of the use of the right-of-way.
(b) Inquiry as to value. The County Executive or a designee may investigate the value of the proposed franchise and the adequacy of the compensation proposed to be paid for it.
(c) Hearing on objections. If any taxpayer, or any property owner whose property rights may be affected by the grant of the franchise, files an objection to the granting of the franchise in writing with the County Executive within 10 days after the last notice required by subsection (a) appears, the County Executive or a designee must hold a hearing within 15 days after the objection is filed on the proposed franchise and any objections to it.
(d) Recommendations of County Executive. The County Executive must, after any hearings required by this Article, forward to the Council written recommendations concerning the proposed franchise, including any Executive findings as to the value of the proposed franchise, any response to objections which have been raised, and any other relevant issues.
(e) As used in this Chapter, “franchise” includes any franchise, lease, license, contract, or other right or permission to use or occupy a County right-of-way. However, “franchise” does not include an occupation of a right-of-way for which the Department of Permitting Services has issued a permit under Section 49-11.
(f) The Director of Permitting Services must issue a permit under this Article before a franchisee may occupy or obstruct the right-of-way. (Mont. Co. Code 1965, § 24-16; 1910, ch. 484, § 177V; 1912, ch. 790, § 476; 1912, ch. 109, § 177V; 1971 L.M.C., ch. 3, § 9; 2007 L.M.C., ch. 8, § 1; 2021 L.M.C., ch. 17, §1; 2022 L.M.C., ch. 31, § 1; 2023 L.M.C., ch. 21
, § 1.)
Editor's note—Section 49-20, formerly Section 49-11, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-20 was renumbered Section 49-13 pursuant to 2007, ch. 8, § 1.
The state public service commission may approve the transfer of assets of a public service corporation without the County's consent, Montgomery County v. Public Service Commission, 203 Md. 79, 98 A.2d 15 (1953).
See County Attorney Opinion dated 10/25/04 indicating the approval needed for a developer to encroach upon the County right of way.