Bill No.                30-14                        

Concerning: –Streets and Roads - Right-of-Way Permit – Fee - Exemption                          

Revised:    7/23/14            Draft No.   2  

Introduced:      May 6, 2014                   

Enacted:         July 29, 2014                 

Executive:       August 5, 2014              

Effective:        November 4, 2014          

Sunset Date:  None                             

Ch.    26   , Laws of Mont. Co.    2014    


County Council

For Montgomery County, Maryland


By: Councilmembers Berliner, Riemer, Elrich, Leventhal, Floreen, Andrews, and Navarro


AN ACT to:

(1)        waive the filing fee for certain right-of-way permits to install certain geographic area signs by certain organizations; and

(2)        generally amend the law governing right-of-way permits.


By amending

            Montgomery County Code

          Chapter 49, Streets and Roads

            Section 49-35, Right-of-way permit



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 49-35 is amended as follows:

49-35.         Right-of-way permit.

          *        *        *

(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 [remove]:

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

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

(3)     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)     [[a non-profit organization that by law is]] 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; [[and]]

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

(C)     the proposed sign would be smaller than a maximum size set by regulation.

          *        *        *