In an effort to address the increasing deer over-population in Montgomery County and the problems associated with it, the County Council enacted a law that went into effect in March 2008 that provides more flexibility for deer hunting under controlled circumstances. The new law gives the County additional tools for addressing the problem while protecting the public’s safety. The proliferation of deer in the County has caused significant problems to the agricultural community and has contributed to an increase in automobile collisions and the spread of Lyme disease. The key components of the new law pertain to deer only.

With the impending start of firearms hunting season in Montgomery County beginning October 16 and running through January 10, 2009, deer hunting under controlled circumstances will be permitted on parcels of land that are 50 acres or larger in the urban area, as recommended by the County’s Deer Management Work Group. The urban area covers approximately two-thirds of the county, from the southern border with the District of Columbia, as far north as Black Hills Regional Park in Germantown. A map that specifically outlines the boundaries of the urban area can be found through a link on the County’s website at www.montgomerycountymd.gov. If the property is at least 50 acres in size hunters no longer need to obtain a deer damage control permit under the law from the Maryland Department of Natural Resources or approval from the Montgomery County Police Department. However, prior to hunting, specific requirements must be met as follows:

• guns may be discharged only from an elevated position;

• guns cannot be loaded until the person is in an elevated position;

• guns are unloaded before descending from the elevated position;

• the projectile has a downward trajectory;

• the property owner complies with any public notice requirements in regulations; and

• the property owner gives written notice to the Chief of Police at least 15 days before any gun is discharged on the property which identifies the date and time that deer hunting will occur, lists names of participating hunters and includes a copy of the record plat or tax assessment record for the property.

For properties less than 50 acres in size and inside the urban boundary, the regulation remains unchanged.

Temporary regulations can also be found through a link on the County’s homepage.

On parcels smaller than 50 acres, a person may still discharge a gun in the urban area if approved by the Chief of Police, under a deer damage control permit issued by the Maryland Department of Natural Resources, subject to the same restrictions as the discharge of a gun outside the urban area. Guns may also be discharged on property owned by the Maryland-National Capital Park and Planning Commission as a part of a deer management program conducted by the commission that complies with safety requirements approved by the Chief of Police.

The County Executive has formulated regulations which require signs to be posted along the perimeter of each applicable property at least 15 days before any gun is discharged on the property. The regulations specify the size, wording and location of each sign.

Bow season started on September 15 and runs through January 31. Hunting with muzzle-loaders goes from October 16 through 25 and again from December 20 through January 3, 2009. Hunting with other types of firearms, including muzzle-loaders, begins on November 29 and goes through December 13 and again on January 9 and 10, 2009.

Additional changes to the County law include:

• Up to five owners of contiguous parcels of property may aggregate their property to meet the 50-acre requirement. Written permission must be obtained from each property owner before a person may discharge a gun for the purpose of deer hunting on the properties.

• Modifying the current “safety zone” to prohibit the discharge of a gun into or within 150 yards (reduced from 200 yards) of a building or camp designed for human occupancy.

• Repealing language that prohibits the discharge of a gun or bow within 100 yards of a public road. The new law now prohibits the discharge of a gun onto, across, or within 50 yards of a public road. (A bow may not be discharged on, from, or across a public road.)

• Repealing language that requires the Chief of Police to approve the discharge of a gun outside the urban area in connection with a deer damage control permit, issued by the Maryland Department of Natural Resources.

The Weapons Ordinance, Chapter 57, of the Montgomery County Code can be viewed at www.montgomerycountymd.gov/countyattorney, under the Services and Resources link.

For more information about the County weapons law, call the Montgomery County Police Department at 240-773-5030. For information about laws pertaining to hunting on parkland, call Rob Gibbs at the Maryland-National Capital Park and Planning Commission at 301-949-2909.