Sec. 49-34. Construction by County.

(a) In this Article and the regulations adopted under it, County area types are as follows until subsequently designated by functional plans, master plans, or sector plans:

(1) A downtown area consists of areas with the highest intensity of development. These areas are:

(A) Bethesda CBD;

(B) Friendship Heights CBD;

(D) Wheaton CBD;

(E) White Flint Sector Plan area;

(F) White Flint 2 Sector Plan area west of the CSX Metropolitan Branch;

(G) Life Science/FDA Village area of the 2014 White Oak Science Gateway Master Plan;

(H) Life Science Center Districts in the 2010 Great Seneca Science Corridor Master Plan: LSC Belward, LSC North, LSC Central and LSC West districts; and

(I) Rock Spring Sector Plan.

(2) A town center area consists of areas with moderate to high development intensity. These areas are:

(A) Burtonsville urban area;

(B) Cabin Branch urban area;

(D) Clarksburg Town Center urban area;

(E) Damascus urban area;

(F) Forest Glen/Montgomery Hills Sector Plan urban area;

(G) Germantown Town Center urban area;;

(H) Glenmont urban area;;

(I) Grosvenor urban area;;

(J) Kensington urban area;;

(K) Langley Crossroads urban area;;

(L) Life Science Center South in Great Seneca Science Corridor urban area;

(M) Lyttonsville Station urban area;

(N) Olney Town Center urban area;

(O) Piney Branch urban area;

(P) Shady Grove urban area

(Q) Twinbrook urban area

(R) Veirs Mill-Randolph urban area in Veirs Mill Corridor Master Plan;

(S) Washingtonian Town Center in Great Seneca Science Corridor urban area;

(T) Westbard Sector Plan urban area;

(U) White Flint 2 Sector Plan area east of the CSX Metropolitan Branch;

(V) White Oak Science Gateway urban area excluding Life Sciences/FDA Village Center; and

(W) Woodside Station urban area.

(3) A country area is located within the designated Rural area.

(4) An industrial area is an area with predominantly industrial zoning.

(5) A suburban area is an area with predominantly residential zoning that is not already a downtown, town center, industrial, or country area.

(6) These areas may be created, eliminated or modified by functional plans, master plans, or sector plans.

(7) Roads are included in the area within which they are located. Roads bordering on two areas will be assigned to the area with the greater development intensity.

(b) Each road must be assigned a County classification and a federal classification. Federal classifications are assigned in accordance with the most recent edition of the Federal Highway Administration Highway Functional Classification typologies.

(1) A Freeway is a road meant exclusively for through movement of vehicles at a high speed. Access must be limited to grade-separated interchanges.

(2) A Controlled Major Highway is a road meant exclusively for through movement of vehicles at a lower speed than a Freeway. Access must be limited to grade-separated interchanges or at-grade intersections with public roads.

(3) A Parkway is a road meant exclusively for through movement of vehicles at a moderate speed. Access must be limited to grade-separated interchanges and at-grade intersections. Any truck with more than four wheels must not use a Parkway, except in an emergency or if the truck is engaged in Parkway maintenance.

(4) A Downtown Boulevard is a road in a downtown area that serves a high volume of vehicles, pedestrians, bicyclists, or transit users. Access to abutting properties is allowed but not preferable. These roads were previously classified as major highways and arterials.

(5) A Downtown Street is a road in a downtown area that serves a large share of pedestrians, bicyclists, or transit users. This road type is meant for circulation in commercial and mixed-use zones. Access to abutting properties is expected. These roads were previously classified as business streets.

(6) A Boulevard is a road that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide cross-county and regional connections. Pedestrian, bicycle, and transit users are to be accommodated. Some access to abutting properties is expected. These roads were previously classified as major highways and arterials.

(7) A Town Center Boulevard is a road in a town center area that serves a moderate to high volume of vehicles, pedestrians, bicyclists, or transit users. Access to abutting properties is allowed but generally not preferable. These roads were previously classified as major highways and arterials.

(8) A Town Center Street is a road in a town center area that serves a larger share of pedestrians, bicyclists, or transit users. This road type is meant for circulation in commercial and mixed-use zones. Access to abutting properties is expected. These roads were previously classified as business streets.

(9) An Area Connector is a two-lane street in a suburban area that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide limited regional connectivity and serve primary circulation in residential zones. These roads were previously classified as minor arterials.

(10) A Neighborhood Connector is a street in a suburban area providing primary circulation in residential zones and may also enable traffic to pass through a neighborhood. These streets were previously classified as primary residential streets.

(11) A Neighborhood Street is a street that provides internal circulation within suburban areas. Access to abutting properties is expected. These streets were previously classified as secondary and tertiary residential streets.

(12) A Neighborhood Yield Street is a Neighborhood Street that is designed as a bi-directional one-lane street.

(13) An Industrial Street is a road meant for circulation in areas consisting predominantly of industrial zones.

(14) A Country Connector is a road in a country area that was previously classified as major highways, arterials, or country arterials.

(15) A Country Road is a low intensity road in a country area.

(16) An Alley is a right-of-way intended to provide secondary access to the rear or side of lots or buildings and not intended for transporting through traffic. An alley may be used to provide primary vehicular access if the Planning Board and the Director of Transportation concur that the dimensions and specifications proposed in a project, preliminary subdivision, or site plan would provide adequate primary vehicular access. An Alley is a Residential Alley if serving only residential zones, or a Commercial Alley if serving any non-residential zones.

(17) A Rustic Road or an Exceptional Rustic Road means a road classified as such under Article 8.

(18) A Residential Shared Street or Commercial Shared Street is a street designed to create a shared traffic environment where pedestrians, bicyclists, and other non-motorized traffic may comfortably occupy the same space as motor vehicle traffic. These streets prioritize pedestrian and bicycle movement by slowing vehicular speeds and communicating clearly through design features that motorists must yield to all other users. A Shared Street is a Residential Shared Street if serving only residential zones, or a Commercial Shared Street is serving any non-residential zones.

(d) County classifications are assigned as follows until the roads are re-designated by functional plans, master plans, or sector plans. The number of lanes is defined as the number of through lanes for motor vehicles and is tallied based on the number of planned lanes for that road, or the number of existing lanes if not specified by any functional plan, master plan, or sector plan.

(1) Freeways retain their classifications as Freeways.

(2) Controlled Major Highways retain their classifications as Controlled Major Highways.

(3) Parkways retain their classifications as Parkways.

(4) Major highways:

(A) Major highways located in a downtown area are classified as Downtown Boulevards.

(B) Major Highways located in a town center area are classified as Town Center Boulevards.

(D) Two-lane Major Highways located in a suburban area are classified as Area Connectors.

(E) All Major Highways not addressed by (A) through (D) are classified as Boulevards.

(5) Arterials:

(A) Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards.

(B) Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets.

(D) Arterials with two lanes located in a town center area are classified as Town Center Streets.

(E) Arterials located within a country area are classified as Country Connectors.

(F) Two-lane Arterials located in a suburban area are classified as Area Connectors.

(G) All Arterials not addressed by (A) through (F) are classified as Boulevards.

(6) Minor Arterials:

(A) Minor Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards.

(B) Minor Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets.

(D) Minor Arterials with two lanes located in a town center area are classified as Town Center Streets.

(E) Minor Arterials located within a country area are classified as Country Connectors.

(F) All Minor Arterials not addressed by (A) through (E) are classified as Area Connectors.

(7) Business District Streets:

(A) Business District Streets with four or more lanes located in a downtown area are classified as Downtown Boulevards.

(B) Business District Streets with fewer than four lanes located in a downtown area are classified as Downtown Streets.

(C) Business District Streets with more than two lanes that are not located in a downtown area are classified as Town Center Boulevards.

(D) Business District Streets with two lanes that are not located in a downtown area are classified as Town Center Streets.

(8) Industrial Streets retain their classification as Industrial Streets.

(9) Primary Residential Streets:

(A) Primary Residential Streets located in a country area are classified as Country Roads.

(B) Primary Residential Streets not located in a country area are classified as Neighborhood Connectors.

(10) Secondary Residential Streets are classified as Neighborhood Streets.

(11) Tertiary Residential Streets are classified as Neighborhood Streets.

(12) Country Arterials are classified as Country Connectors.

(13) Country Roads retain their classifications as Country Roads.

(14) Shared Streets with entirely residential zoning along its frontage are classified as a Residential Shared Street.

(15) Shared Streets with any non-residential zoning along its frontage are classified as a Commercial Shared Street.

(16) Alleys retain their classifications as Alleys.

(17) Rustic Roads retain their classifications as Rustic Roads.

(18) Exceptional Rustic Roads retain their classifications as Exceptional Rustic Roads.

(19) If, after consultation with the staff of the Planning Board, the Department of Transportation determines that the criteria under (d)(1) through (d)(18) are not suitable for a particular road, the Department may determine that a more context-sensitive classification or transition length applies in lieu of the default classifications. (Mont. Co. Code 1965, § 103-12; 1971 L.M.C., ch. 24, §§ 2, 3; 1987 L.M.C., ch. 9, § 1.; 1993 L.M.C., ch. 9, § 2; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2022 L.M.C., ch. 31, § 1; 2022 L.M.C., ch. 41, § 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 49-31, formerly Section 49-34, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-31 was renumbered Section 49-26 pursuant to 2007, ch. 8, § 1

Sec. 49-32. Design standards for types of roads.

(a) The design standards adopted under this Article govern the construction or reconstruction of any County road except Rustic Roads and Exceptional Rustic Roads. If the Planning Board, in approving a subdivision or site plan, finds that a waiver from any applicable design standard is necessary to promote context-sensitive design of a specific road, the Executive or the Executive’s designee must adopt the Board’s recommendation unless the Executive or the Executive’s designee notifies the Board why approving the waiver would significantly impair public safety. The County Council may adopt alternative standards for a specific road constructed or reconstructed in a project in the approved capital improvements program.

(b) A limited segment of a County road may be designed to vary slightly from the applicable standards, criteria, or specifications, as necessary to adjust to site-specific conditions, as long as the road’s typical cross-section and other attributes conform to the applicable standards, criteria, or specifications. The regulations adopted under this Article must include a process by which the Department that approves a limited design variance under this subsection regularly notifies other affected County departments, the Planning Board, and the public of each variance.

(c) The minimum right-of-way for a road may be specified in the most recent applicable functional plan, master plan, or sector plan for the area where the road is located. Minimum rights-of-way generally do not include continuous features along a typical section, and account for parking, drainage and stormwater management, spot conditions such as auxiliary lanes or transit stations, or infrastructure at intersections such as signal equipment and protected intersections. If a minimum right-of-way for a particular road is not specified in a functional plan, master plan, or sector plan, the minimum right-of-way must be:

(1) 80 feet for a Downtown Street;

(2) 80 feet for a Town Center Street;

(3) 70 feet for an Area Connector;

(4) 70 feet for a Neighborhood Connector;

(5) 60 feet for a Neighborhood Street;

(6) 50 feet for a Neighborhood Yield Street;

(7) 80 feet for an Industrial Street;

(8) 74 feet for a Country Connector;

(9) 70 feet for a Country Road;

(10) 20 feet for an Alley serving any non-residential zoning;

(11) 16 feet for an Alley serving only residential zoning;

(12) 40 feet for a Commercial Shared Street;

(13) 40 feet for a Residential Shared Street.

(d) Grass shoulders must be load bearing at any specific location designated by the Director of Permitting Services after consulting the Fire Chief and Director of Transportation.

(e) Unless otherwise specified in this Article, each grading, drainage structure, paving, shoulder, landscaping, and traffic control must be installed as provided in the latest applicable County design standards, storm drain criteria, and specification. Unless extenuating circumstances would result in a safety hazard, when a road is resurfaced the road must also be restriped to meet any applicable lane width standard and may include bike lanes where appropriate.

(f) The curb radius at the corner of each intersection is 15 feet. Exceptions to these requirements may be allowed as follows:

(1) A maximum 10-foot corner radius is required at intersections where all intersecting streets are Area Connectors, Neighborhood Connectors, Neighborhood Streets, or Neighborhood Yield Streets;

(2) A larger corner radius is acceptable where there is a curb extension;

(3) A 25-foot radius is acceptable where at least one street is an Industrial Street;

(4) A larger corner radius is needed to serve the design vehicle and control vehicle with consideration of the allowable encroachment defined by the Complete Streets Design regulation; or

(5) A road improvement required by a subdivision or site plan would significantly impair public safety.

(g) Each pedestrian refuge must be at least 6 feet wide. A pedestrian refuge must be located at each intersection approach along a divided highway with 6 or more through travel lanes.

(h) Unless otherwise specified in a master plan or the approved capital improvements program, the maximum target speed for a road shall be:

(1) 25 mph for a Downtown Boulevard;

(2) 20 mph for a Downtown Street;

(3) 35 mph for a Boulevard, except 25 MPH if in an Urban Area;

(4) 30 mph for a Town Center Boulevard, except 25 MPH if in an Urban Area;

(5) 25 mph for a Town Center Street;

(6) 25 mph for an Area Connector;

(7) 20 mph for a Neighborhood Connector;

(8) 20 mph for a Neighborhood Street;

(9) 20 mph for a Neighborhood Yield Street;

(10) 25 mph for an Industrial Street;

(11) 40 mph for a Country Connector;

(12) between 20 to 35 mph for a Country Road;

(13) between 45 to 55 mph for a Major Highway;

(14) case-by-case determinations for Alleys, and Shared Streets; and

(15) 30 mph for Rustic Roads, and Exceptional Rustic Roads. (2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2014 L.M.C., ch. 37 , § 1; 2022 L.M.C., ch. 31, § 1.)

Editor’s note—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.

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.

Former Section 49-32 was renumbered Section 49-27 pursuant to 2007, ch. 8, § 1.

Sec. 49-33. Road construction and reconstruction requirements.

(a) If alternative standards and specifications are allowed in Section 49-32, any one alternative may be selected by the applicant for a permit, subject to the approval of the Director of Permitting Services.

(b) The Department of Transportation must erect, or order a permittee to erect, name signs at each road intersection. If the Director of Transportation finds that traffic control or vehicular or pedestrian safety so requires, the Director may order a permittee to install traffic control signs, markings, or other devices on any right-of-way that will be publicly maintained.

(c) If a preliminary drainage study indicates that a minimum right-of-way or storm drain easement width required in this Article is inadequate to properly drain a particular road, the Department of Permitting Services may require any additional right-of-way or storm drain easement necessary for proper drainage. The Department must notify the permittee of any added right-of-way before a dedication plat is approved by the Planning Board (or equivalent body in any municipality with land use authority) and recorded in the County land records, and must notify the permittee of any added easement when it approves a right-of-way permit.

(1) If a lot or lots front on a public road, the permittee must provide sufficient drainage easements to allow for the safe conveyance of stormwater from the public right-of-way to either an approved outfall or an approved public structure.

(d) (1) If a lot or lots front on a public road, the permittee must construct sidewalks, master- planned bikeways, ramps, curbs, and gutters, except:

(A) any sidewalk or sidepath in front of a lot that is larger than 25,000 square feet for a single-family detached dwelling in a rural area;

(B) any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic;

(C) any sidewalk or sidepath on a neighborhood street or neighborhood yield street serving fewer than 75 dwelling units if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement;

(D) any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement; or

(E) any sidewalk or sidepath on a neighborhood street, neighborhood yield street, or service drive where the Department of Permitting Services finds that a sidewalk or sidepath is infeasible, will not connect to other sidewalk segments within the foreseeable future, or qualifies for fee payments in lieu of construction under Section 49-40; or

(F) any sidewalk or master-planned bikeway where the Planning Board establishes criteria to accept a payment in lieu of a transportation improvement.

(2) However, the Planning Board may require the applicant to install sidewalks, bikeways, ramps, curbs, and gutters if the Board finds, as a condition of approval of a preliminary subdivision plan or site plan, that sidewalks, bikeways, ramps, curbs, and gutters at that location are necessary to allow access:

(A) to an existing or planned sidewalk or bikeway;

(B) to a bus or other public transit stop;

(D) by persons with disabilities.

Before the Planning Board approves any requirement under this paragraph, the Board must give the Departments of Permitting Services and Transportation a reasonable opportunity to comment on the proposed requirement.

(e) The construction of half roads or any road of less than the width required by this Article is prohibited except as permitted in Section 49-40. Construction of such portions of roads is permitted if the dedicated portion of the road established by a dedication plat and recorded in the County land records before August 15, 1950 is wide enough to permit the grading and construction of paving 20 feet wide with curbs, gutters, and sidewalks required for the type of road.

(f) A road must not be constructed unless it connects with an existing public road at one end. A road must not be constructed short of an intersection unless it connects with an existing public road or the dedication of the right-of-way ends short of an intersection. If any road construction ends at or goes through an intersection, the intersection must be completed. If a road ends at other than an intersection or a point of connection with an existing road, a turnaround such as a cul-de-sac must be provided. Each turnaround must be graded, paved, and include appropriate drainage structures and temporary curbs if required by the Department of Permitting Services.

(g) If drainage structures are required for any particular class of road, the Planning Board must require the applicant to install or construct drainage structures that the Board finds are necessary or appropriate, after reviewing a preliminary drainage study approved by the Department of Transportation, in accordance with applicable design standards and specifications.

(h) Driveway entrances to individual lots must be required if the Planning Board finds that off- street parking facilities are necessary and practicable.

(i) Street trees.

(1) On public road rights-of-way, street trees must be planted in accordance with design standards of the Department of Transportation. On private road rights-of-way and easements, street trees must be planted in accordance with the technical manual adopted by the Planning Board under Chapter 22A.

(2) The Department of Permitting Services, the Department of Transportation, and the staff of the Planning Board should coordinate the specific location and species of street tree plantings to promote compatibility of the plantings with road function and safety, signage, maintenance, appropriate visual buffering, utilities, other public or private improvements, and aesthetic considerations related to streetscape design.

(j) Ground cover.

(1) A property owner may plant and maintain ground cover in a public right-of-way adjacent to the owner’s property if the owner:

(A) complies with County regulations;

(B) maintains the ground cover to prevent any obstruction of the public right-of- way prohibited under Section 49-10; and

However, ground cover in a public right-of-way adjacent to the owner’s property must not be planted where it will reduce public safety or impede travel.

(2) In this subsection, property owner or owner includes each person with a legal interest in the property and any successor to that person’s interest.

(3) The County Executive must adopt Method (3) regulations that define the design and maintenance standards applicable to this Section.

(4) Except as provided in paragraph (1), this subsection does not impair the County’s right to enter, maintain, occupy, or otherwise control any public right-of-way for any purpose.

Editor’s note—2000 L.M.C., ch. 23 , § 2, states that between December 1, 2000, and any later date when regulations first take effect, the ground cover referred to in Section 49-33(k) [now 49-33(j)], as amended by this Act, may include any plant species placed or maintained by the property owner that does not visually or physically obstruct the public right-of-way or otherwise impede vehicle or pedestrian traffic.

(k) Curbs and gutters.

(1) A person must not install any curb or gutter in any portion of a road that is located in:

(A) an environmentally sensitive watershed area, including a Class III, Class IV, or high-quality Class I watershed, as designated by the Maryland Department of the Environment; or

(B) an area that the Department of Environmental Protection designates as environmentally sensitive, after giving the Department of Transportation and the Planning Board a reasonable opportunity to comment.

(2) The Director of Permitting Services may allow a person to install curbs and gutters in a portion of a road located in an area listed in paragraph (1), after giving the Planning Board a reasonable opportunity to comment, if:

(A) installing curbs and gutters will not significantly degrade water quality in the area;

(B) curbs and gutters are necessary for vehicular or pedestrian safety or the proper grading or maintenance of the road, or to reduce the environmental impact of the road on any park, forest, or wetland; and

(C) a preliminary subdivision plan or site plan approved by the Planning Board for the land abutting the portion of the road where curbs and gutters may be installed expressly permits the curbs and gutters to be installed, if either plan is required for the land in question. (Mont. Co. Code 1965, § 103-13; 1971 L.M.C., ch. 3, § 44; 1973 L.M.C., ch. 35, § 8; 1976 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 5, § 1; 1992 L.M.C., ch. 18, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2000 L.M.C., ch. 23, §§ 1 and 2; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2013 L.M.C., ch. 4, § 1; 2014 L.M.C., ch. 37 , § 1; 2016 L.M.C., ch. 34, §1; 2022 L.M.C., ch. 31, § 1.)

Editor’s note—See County Attorney Opinion dated 9/2/97 explaining that the director of the Department of Permitting Services has limited authority to grant a sidewalk waiver to avoid a sidewalk leading nowhere, but may not collect an “in lieu of” fee if a waiver is granted, unless it is authorized as an excise tax.

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 49-33, formerly Section 49-35, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-33 was renumbered Section 49-28 pursuant to 2007, ch. 8, § 1.

Former Section 49-33A was renumbered Section 49-29 pursuant to 2007, ch. 8, § 1.

Sec. 49-34. Construction by County.

(a) The County must not construct any road unless:

(1) the County has previously acquired the right-of-way for the road, or the right-of way has been dedicated to public use by appropriate recording in the County land records; and

(2) the cost of the road will be charged against the benefitted property in accordance with Sections 49-51 to 49-61 and subsection (c) of this Section.

(b) Nothing in this Article prohibits the County from constructing a road under a contract with a municipality or an agreement between the County and another government agency.

(c) If a road is constructed as a “front foot assessment” project under Sections 49-51 to 49-61, the cost chargeable and assessed to the benefitted abutting properties must be all costs of construction, including costs of design and of acquiring land or any interest in land for right-of-way.

(d) All costs in excess of the special benefit to the abutting property or otherwise waived in this Article must be borne by the County.

(e) The County Executive may authorize the construction of sidepaths or sidewalks to serve general community needs. Whenever a sidewalk or sidepath is built in a right-of-way where there is no pavement or other road construction, building the sidewalk or sidepath does not mean that the County is responsible for maintaining any part of the right-of-way except the sidewalk or sidepath. (Mont. Co. Code 1965, § 103-15; 1971 L.M.C., ch. 3, § 46; 1976 L.M.C., ch. 16, § 2; 2001 L.M.C., ch. 28, §§ 9, 15 and 16; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)

Editor’s note—This section was interpreted in Montgomery County v. Edward W. Shultz, et al., 302 Md. 481, 489 A.2d 16 (1985) and cited in Montgomery County v. Schultze, 57 Md.App. 781, 471 A.2d 1129 (1984). In Montgomery County Council v. Summers, 274 Md. 110, 332 A.2d 646 (1975) it was held that the mode of assessment was a legislative question [formerly §103-15(b)(1)]. The above section is cited in County Council v. Lee, 219 Md. 209, 148 A.2d 568 (1959) [formerly §93-13]. The validity of the above section was upheld in Silver Spring Memorial Post, V.F.W. v. Montgomery County, 207 Md. 442, 115 A.2d 249 (1956).

Section 49-34, formerly Section 49-37, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-34 was renumbered Section 49-31 pursuant to 2007, ch. 8, § 1.

The effective date of the amendments made to this section by 2001 L.M.C., ch. 28, § 9, is the same effective date as 1977 L.M.C., ch. 39, recodified in 1986 L.M.C., ch. 37.

Sec. 49-35. Right-of-way permit.

(a) (1) A permit is required from the Director of Permitting Services for any work within the public right-of-way. Any permit issued for roadside tree work must comply with Section 49-36A. In this Article, “roadside tree” means any plant that has a woody stem or trunk which grows all, or in part, in the right-of-way of any County public road.

(2) In this Section and Sections 49-36, 49-36A, and 49-37, unless otherwise specified, Director refers to the Director of Permitting Services and Department refers to the Department of Permitting Services.

(3) Permit applicants must use forms prescribed by the Director, submit detailed plans and specifications, and include locations and record plats approved by the Department and the Planning Board.

(4) If the proposed activity requires a sediment control permit, the Department must issue the permit before any activity occurs under a permit issued under this subsection. The State Highway Administration must approve any action under its jurisdiction before the Director may approve the permit.

(5) As a requirement to issue a permit under this Section, the Director may require the applicant to designate and bond a haul route for construction materials, as described in Section 49-8.

(b) The Director must collect a fee, set by Method 3 regulation, for each right-of-way permit application. However, the Director must not collect a fee for any permit to:

(1) remove or prune a tree that endangers a person or property;

(2) remove a stump in the right-of-way;

(3) plant a tree; or

(4) install a sign identifying a geographic area in the right-of-way if:

(A) the primary applicant is an unincorporated or non-profit civic or homeowners’ organization that is either:

(i) listed on the Planning Board’s most recent list of civic and homeowners associations; or

(ii) exempt from federal income taxes and shows that its annual revenue during its most recent fiscal year did not exceed an amount set by a regulation;

(B) in a homeowners’ association, maintenance responsibility of all common areas has been transferred from the developer; and

(c) Before an applicant begins any road, sidewalk, sidepath, bikeway, curb and gutter, driveway, retaining wall, steps, or drainage project, on a road or within the boundaries of a dedication to public use, the applicant for a permit to undertake any such project must pay to the County an inspection and engineering fee set by the County Executive by Method (3) regulation.

(d) If any such project is solely a grading project, the applicant must pay an inspection and engineering fee to the County if Department staff does the engineering work on the project and an inspection fee if the applicant submits the engineering work.

(e) Any violation of this Section is a Class A violation.

(f) The Director must refund half the fees required by this Section to the applicant if a permit is rejected or withdrawn before construction begins. If an applicant proposes to undertake a project using materials, standards, or specifications superior to those required under this Article, the fees charged must be computed on the estimated cost of the project as if it met those requirements.

(g) A person, including any utility corporation, must not cut within the right-of-way to install, replace, or maintain or connect any underground gas, electric power, or telephone line, or any other underground infrastructure, without a permit from the Director. The Director must supervise all backfilling and repaving of utility trenches to assure that the permittee complies with all applicable specifications. The permittee must restore the right-of-way to its prior condition.

(h) An aggrieved person may file an appeal with the County Board of Appeals from a denial, suspension, or revocation of a permit issued under this Section within 10 days of the denial, suspension, or revocation. (Mont. Co. Code 1965, § 103-16; 1973 L.M.C., ch. 25, § 8; 1981 L.M.C., ch. 50, § 1; 1983 L.M.C., ch. 22, § 54; 1984 L.M.C., ch. 24, § 48; 1984 L.M.C., ch. 27, § 31; CY 1991 L.M.C., ch. 42, § 1; 1992 L.M.C., ch. 5, § 1.; 1993 L.M.C., ch. 20, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2013 L.M.C., ch. 22 , § 1; 2014 L.M.C., ch. 26 , § 1; 2022 L.M.C., ch. 31, § 1.)

Editor's note—2013 L.M.C., ch. 22, § 2, states: Effective Date. This Act takes effect on March 1, 2014, and applies to any permit applied for under Chapter 8, Chapter 19, or Section 49-35 on or after that date.

Section 49-34, formerly Section 49-37, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-34 was renumbered Section 49-31 pursuant to 2007, ch. 8, § 1.

The above section is cited in Montgomery County v. Phoenix Insurance Company, 232 Md. 58, 192 A.2d 111 (1963) [formerly § 100-15]. Section 49-38 [formerly § 93-14] is discussed in County Council for Montgomery County v. Lee, 219 Md. 209, 148 A.2d 568 (1959).

Sec. 49-36. Permit conditions and procedures.

Each permit issued under Section 49-35 must be subject to the following conditions:

(a) Irrespective of the plans and specifications filed with the application, the actual construction must conform to law and to the requirements for a road of its class.

(b) A permit is nontransferable. A permit becomes immediately invalid if any provision of the permit is violated.

(c) The permit automatically expires 18 months after its issuance unless the Director specifies a shorter or longer term when issuing the permit or later approves an extension, stating the reasons for the extension. However, a permit to reconstruct, repair, or otherwise close a sidewalk is subject to the durational and other restrictions in Section 49-11. The Director must not approve an extension unless the bond filed with the permit by its term continues in full force and effect, a new bond is filed, or the applicant obtains the consent of the surety to the extension.

(d) The permittee and the permittee's agents, employees, and subcontractors must comply with all approved plans, written requirements, and permit conditions that the Director specifies, either before or during the grading or construction, that the Director finds necessary to protect public safety or avoid unnecessary inconvenience to the public during the grading or construction.

(e) Any authorized official or employee of the County must be able to inspect the construction work materials, plans, and specifications at all times. A permittee must notify the Department at least 48 hours before starting any construction for which the Department issued the permit.

(f) The Director must not issue a permit for paving unless the Department has inspected and approved the grading.

(g) For any proposed road construction the permittee must post a notice in a conspicuous place on each project site as near to a public road as practicable. The notice must take the form of a sign that the Department must furnish to the permittee when the Department issues the permit. The sign must state that the construction is authorized by the Department of Permitting Services under permit and must display the permit number. The permittee must post the sign continuously during construction of the work covered by the permit and until final inspection. A person must not remove the sign until the Department completes its final inspection. If any other person removes the sign or if the sign is damaged, lost, or destroyed, the permittee must replace the sign within 24 hours, excluding Saturdays and Sundays. The Department must issue new signs upon request to replace signs that are damaged, lost, or destroyed. A permittee who does not comply with this subsection has violated the permit.

(h) The Director must not issue a permit for construction unless the right-of-way has been acquired by the County or dedicated to public use and the acquisition or dedication has been recorded in the County land records.

(i) If the Director finds that a person has violated the conditions of any permit, the Director may order the permittee to stop construction and may revoke the permit. The refusal of any permittee to stop construction after receiving notice of a stop-work order is a separate violation of this Article.

(j) An aggrieved person may file an appeal with the County Board of Appeals from the issuance of a stop-work order or the imposition of additional conditions under this Section. The appeal must be filed with the Board within 10 days after the stop-work order is issued or the additional conditions are imposed. (Mont. Co. Code 1965, § 103- 17; 1973 L.M.C., ch. 25, § 8; 1979 L.M.C., ch. 45, § 1; CY 1991 L.M.C., ch. 42, § 1; 1993 L.M.C., ch. 20, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)

Editor’s note—In County Council v. Lee, 219 Md. 209, 148 A.2d 568 (1959) the validity of subsection (h) above was sustained [formerly § 93-15(h)]. In such case the court ruled that the term “easement” included right-of-way and that one could require the application to purchase a drainage easement. Section 49-39 [formerly § 100-16] is applied in Montgomery County v. Phoenix Insurance Company, 232 Md. 58, 192 A.2d 111 (1963).

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.) See County Attorney Opinion dated 9/2/97 explaining that the director of the Department of Permitting Services has limited authority to grant a sidewalk waiver to avoid a sidewalk leading nowhere, but may not collect an “in lieu of” fee if a waiver is granted, unless it is authorized as an excise tax.

Section 49-36, formerly Sections 49-39 and 49-39A, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1.

Former Section 49-36, classification by county executive, derived from Mont. Co. Code 1965, § 103-14; 1971 L.M.C., ch. 3, § 45; 1984 L.M.C., ch. 24, § 48, was repealed by 2007, ch. 8, § 1.

Sec. 49-36A. Roadside tree work.

(a) Right-of-way permit required. The Department must not issue a building or related permit to an applicant for any demolition, clearing, pre-construction activity, construction, or development that is likely to result in the trimming, pruning, root-pruning, cutting, or removal of, or injury to, a roadside tree unless the applicant obtains a right-of-way permit from the Department under Section 49-35.

(b) Applicability; exceptions.

(1) A person may receive a right-of-way permit to perform tree work on a roadside tree if the person:

(A) holds title to the land where the roadside tree is located;

(B) owns property abutting the right-of-way at the point where the tree is located;

(D) is responsible for providing tree care to the tree;

(E) is a public utility; or

(F) is an authorized agent of any of these.

(2) The following activities are not subject to this Section (except subsection (f)) and do not require a right-of-way permit:

(A) cutting or clearing a public utility right-of-way or land for an electric generating station licensed under Sections 7-204, 7-205, 7-207, or 7-208 of the Public Utilities Article of the Maryland Code, or any successor provision, if:

(i) any required certificate of public convenience and necessity has been issued under Section 5-1603(f) of the Natural Resources Article of the Maryland Code or any successor provision; and

(ii) the cutting or clearing is conducted in a way that minimizes the loss of forest;

(B) routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements or to maintain, repair, replace, or upgrade any public utility transmission or distribution line; or

(3) (A) A licensed tree expert need not obtain a right-of-way permit for tree work performed on:

(i) a tree that is uprooted or severely damaged because of a storm or vehicular collision;

(ii) a tree branch that is broken and contacts a telephone, cable television, electric power, or other wire carrying electric current; or

(iii) a tree or tree branch that a licensed tree expert finds immediately endangers a person or property.

(B) A licensed tree expert who provides tree work under subparagraph (A) must, within one week after an action is taken, give the Department:

(i) notice of the property address, if available, and general area where the action was taken; and

(ii) a proposed plan to upgrade the work, if necessary, to the tree work standards in this Section and applicable regulations.

The Department must approve, modify, or reject the proposed plan, after reviewing the actions taken, within 14 days after receiving the information. If the Department does not act on the proposed plan within 14 days, the plan is approved by default. The Department may require further information, and may extend this deadline once for an additional 15 days in extenuating circumstances. The Director also may extend this deadline at the request of the applicant.

(c) Basis of permit. The Department may issue a right-of-way permit if the applicant shows that the proposed tree work is necessary to:

(1) protect the health of the tree;

(2) eliminate or reduce a hazard to property, public safety, or health;

(3) improve or prevent a deteriorated tree condition;

(4) improve the overall appearance of the right-of-way; or

(5) carry out a development which has received all other applicable development approvals.

(d) Tree protection plan.

(1) The Department must not issue a right-of-way permit for tree work under Section 49-35 until the applicant has submitted, and the Department has approved, a site-specific tree protection plan that requires the applicant to take all necessary measures to protect, and minimize damage during development to, any affected roadside tree.

(2) If the advice or consent of any County department, in its role as owner of or otherwise responsible for the care of any tree in a County right-of-way, is needed or requested before the state Department of Natural Resources may act on a permit allowing tree work on a tree in a County right-of-way, that County department must not give its advice or consent until the Department of Permitting Services has approved a tree protection plan under this subsection, Section 8-26, or Section 19-71.

(3) The Department must approve or reject each proposed tree protection plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.

(e) Tree replacement.

(1) Each permittee who removes a roadside tree in a County right-of-way must:

(A) plant a tree from the recommended County tree list in a County right-of-way, at or near the location of the original tree, which is suitable to that location, unless the Director waives this requirement because:

(i) compliance at the particular site would not be feasible; or

(ii) the removed tree was already dead or posed a danger to persons or property; and

(B) pay an amount into a Street Tree Planting Fund maintained by the Department of Transportation, unless the Director waives this requirement because the removed tree was already dead or posed a danger to persons or property, at a rate set under paragraphs (C) or (D) that will allow the Department of Transportation to plant 2 more suitable replacement trees, or 3 more replacement trees if the Director has waived the on-site planting requirement because compliance at the particular site would not be feasible, at suitable locations in the right-of-way of a public road in the County.

(C) Except as provided under subparagraph (D), the rate to calculate the amount payable under subparagraph (B) equals $450 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years.

(D) By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under subparagraph (B).

(E) The Director must:

(i) calculate an annual fee adjustment under subparagraph (C) to the nearest multiple of 5 cents; and

(ii) publish an amount of a fee adjustment under subparagraphs (C) or (D) not later than May 1st of each odd numbered year.

(2) The permittee must pay the required amount within 30 days after the Director notifies the permittee that the payment is required.

(3) The Department of Transportation must use funds in the Street Tree Planting Fund only to plant trees in the right-of-way of a public road in the County, and must not use funds received under this subsection to hire additional County staff or to supplant funds otherwise appropriated for that purpose.

(4) In locating, selecting, and planting trees under this subsection, the Department must:

(A) give highest priority to those areas of the County, such as central business districts and other urban and suburban areas, that have relatively low tree canopy coverage; and

(B) take every reasonable measure to avoid interference with utility transmission and distribution lines.

(f) Roadside tree planting.

(1) In this Section, recommended County tree list means a list of trees approved by the Director after consulting the Department of Transportation. The list must only include trees that are also on the State recommended tree list and must include each tree that the Director identifies as suitable for planting on specific sites and conditions in the right-of-way of a public road in the County.

(2) Any tree that any person plants on a public right-of-way must be a species and variety listed on the recommended County tree list and must conform to the American Standard for Nursery Stock.

(g) Enforcement. In addition to any other procedure or remedy allowed by law, the Director may issue a stop work order to prevent or correct any violation of this Section or any permit issued or plan approved under this Section. Sections 8-20 and 8-22 apply to any stop work order issued under this Section.

(h) Regulations. The County Executive must adopt regulations under Method (2) to administer this Section that are at least as stringent as applicable state roadside tree care standards and requirements. These regulations may include:

(1) criteria and procedures to issue, deny, modify, suspend, or revoke permits for work on roadside trees;

(2) tree work standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees; and

(3) supplementary roadside tree planting requirements and specifications, and criteria and procedures needed to administer the Street Tree Planting Fund. (2013 L.M.C., ch. 22 , § 1; 2022 L.M.C., ch. 31, § 1; 2024 L.M.C., ch. 1, § 1.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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