Bill No.                2-13                          

Concerning: Streets and Roads – Reconstruction - Coordination                                  

Revised:    10-22-13          Draft No. 5  

Introduced:      January 15, 2013            

Enacted:         October 22, 2013           

Executive:       November 4, 2013          

Effective:        February 3, 2014            

Sunset Date:  None                             

Ch.   28    , Laws of Mont. Co.    2013    


County Council

For Montgomery County, Maryland


By: Councilmembers Leventhal, Riemer, Elrich, Berliner, and Rice


AN ACT to:

(1)        require the Director of Transportation to adopt a schedule of reconstruction, rehabilitation, and resurfacing to County sidewalks, streets, and roads, and to publicize that schedule;

(2)        direct the Department to take all feasible steps to coordinate the County’s reconstruction, rehabilitation, and resurfacing activities with those of other government agencies, public utilities, and certain other entities[[, and in so doing to locate utility transmission facilities underground when feasible]]; and

(3)        generally amend the law governing the reconstruction, rehabilitation, and resurfacing of County streets and roads.


By amending

            Montgomery County Code

            Chapter 49, Streets and Roads

            Section 49-42



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.









The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 49–42 is amended as follows:

49-42.                   [Reserved.] Reconstruction, rehabilitation, and resurfacing schedule; coordination with other government agencies and private parties.

(a)     The Director of Transportation must annually adopt a [[5]] 3-year schedule for the reconstruction, rehabilitation, and resurfacing of sidewalks, streets, and roads that the County controls or maintains.  That schedule must be based on:

(1)     expenditure schedules in the approved County Capital Improvements Program;

(2)     the evaluation of the Department of Transportation’s Pavement Management System; and [[on]]

(3)     coordination and consultations with other government agencies and public utilities.

(b)     The [[5]] 3-year schedule must be published in the County Register each January and shown on the County’s web site.  The web site must be promptly updated to reflect changing information, and must include a street map displaying the location of street, road and sidewalk reconstruction, rehabilitation, and resurfacing work included in the adopted [[5]] 3-year schedule.  The Director must take all feasible steps to include on this map the location of construction work undertaken or planned by public utilities in County rights-of-way to the extent that each public utility makes this data available for County use.

(c)      The Director must send the schedule published in the County Register annually to:

(1)     the State Highway Administration;

(2)     each municipality in the County;

(3)     each public utility, and each cable communications franchisee, that operates in the County;

(4)     the Washington Suburban Sanitary Commission;

(5)     the County Planning Board;

(6)     civic, business, and community organizations active in the County; and

(7)     any other agency, organization, or person that would benefit from that information.

[[(c)]] (d) In adopting and implementing a [[5]] 3-year schedule under subsection (a), the Director must take all feasible steps to coordinate the Department’s reconstruction, rehabilitation, and resurfacing activities with those of other government agencies, public utilities and cable communications providers, and any other entity [[authorized]] permitted to reconstruct, rehabilitate, or resurface sidewalks, streets, or roads, to:

(1)     avoid conflicting or duplicative activities; and

(2)     [[to]] minimize the [[number of times]] time that [[a given]] any sidewalk, street, or road will be unavailable for unimpeded public use.

(e)      The Chief Administrative Officer, in conjunction with Washington Suburban Sanitary Commission, other public utilities, the State, and appropriate County municipalities, must develop an automated information sharing and mapping system covering planned construction projects in all public rights-of-way in the County.  This system should be based on a standardized interagency geographic information data repository which enables geographic information system-based applications to access and view current information about all planned right-of-way construction and maintenance activities.  The data and data applications should allow access to recently-completed, current, and planned projects, and should provide County, State, and utility staff with direct links to up-to-date information such as project location, scope, design plans, permit status, schedule, cost, moratorium status, and points of contact,

[[(d)   In coordinating its activities with those of public utilities and cable communications providers, the Department must make every effort to locate or aid the location of transmission facilities underground where feasible.]]

(f)      In coordinating its activities under this Section, the Department must collaborate with the applicable public utility, cable communications provider, or other entity to [[provide each utility the opportunity to determine whether it will be economically and practically feasible to locate]] promote locating distribution facilities underground where feasible and prudent before resurfacing begins.

[[(e)]] (g) The adoption of a schedule under this Section does not limit the Department’s authority to respond to any emergency.