Agenda Item 4B
November 10, 2016
ZYOn"nior Legislative Analyst
Expedited Bill 34-16, Streets and Roads - Design
Planning, Housing and Economic Development Committee recommendation (3-0):
enact Bill 34-16 with the amendments detailed below.
The Committee further recommends an effective date of February 13, 2017. This date
would match the proposed effective date of SRA 16-01.
Expedited Bill 34-16, Streets and Roads - Design, sponsored by Lead Sponsor Planning,
Housing and Economic Development Committee, was introduced on August 2. A public hearing
was held on September 13. There were no speakers at that public hearing. Testimony was
submitted that recommended allowing permits to obstruct the right-of-way based on site plan
approvals by Rockville or Gaithersburg. Planning, Housing and Economic Development
Committee worksessions were held on September 12 and October 31,2016.
Bill 34-16 would define certain terms in Chapter 49, establish a permit requirement for
closing a private road, clarify provisions for permanent structures approved in a site plan and
establish road design criteria. These changes proposed are initiated by revisions proposed in
Subdivision Regulation Amendment (SRA) 16-01 and provides better coordination with Planning
Issues and recommended amendments
Closing Private Roads
SRA 16-01 would specifically allow private roads under certain circumstances. Private
road closures become a matter ofpublic concern when the road provides the only means of access
for emergency vehicles or when the closure by one owner of the road denies access to other
properties. This is a current problem. As the potential for private roads increases, the need for a
permit to close a private road increases. This a particular problem with urban roads.
Bill 34-16 would require a permit for the closure of any portion on the road. This would
include lane closures.