Service Area Category Changes

Application Review Process

Once each calendar quarter, DEP provides the category change request applications collected in that quarter to other agencies for their review and comment. These include the Department of Permitting Services (DPS), the Montgomery County Department of Parks and Planning (M-NCPPC), and the Washington Suburban Sanitary Commission (WSSC).  

Current Applications

• FY 2021 3rd Quarter Applications (PDF, 5.65MB)

• FY 2021 2nd Quarter Applications (PDF, 4.4MB)

• FY 2021 1st Quarter Applications  (PDF , 6.4MB)

• FY 2020 4th Quarter Applications  (PDF , 4.4MB)

• FY 2020 3rd Quarter Applications (No Requests)

• FY 2020 2nd Quarter Applications  (PDF , 3.9MB)

• FY 2019 4th and FY 2020 1st Quarter Applications  (PDF , 2MB)

• FY 2019 3rd Quarter Applications  (PDF , 2.5MB)

• FY 2019 2nd Quarter Applications  (PDF , 7.4MB)

• FY 2019 1st Quarter Applications  (PDF , 7.3MB)

• FY 2018 4th Quarter Applications  (PDF , 3.6MB)

• FY 2018 Third Quarter Applications  (PDF , 1.6MB)

• FY 2018 First and Second Quarter Applications  (PDF , 1.1MB)

• WSCCR 09A-TRV-02  (PDF , 394KB)

• FY 2017 Fourth Quarter Applications  (PDF , 3.4MB)

• FY 2017 Third Quarter Applications  (PDF , 1MB)

• FY 2017 Second Quarter Applications  (PDF , 7.3MB)

• FY 2017 First Quarter Applications  (PDF , 675KB)

DEP staff consider agency comments along with and internal review and develop recommendations that will determine which of two tracks the application follow.  All applications go through either an administrative process review or a County Council process review. By default, category change requests—as amendments to the County's Water and Sewer Plan—are intended to be considered by the County Council, as provided for under state law.

In the mid-1980s however, the Council found itself having to address many requests of a fairly routine nature. In response, the Council developed and adopted the administrative delegation process for approving noncontroversial category change requests. Under limited circumstances, the executive branch of the County government (through the Director of DEP) acts on category change requests through the administrative process review. DEP may act to approve or conditionally approve an amendment or to defer an amendment to the Council for its process review. The Director's authority is discretionary. The Director of DEP may also defer action on any potential administrative amendment to the County Council.  The majority of category change request applications are now addressed through the administrative process.

Learn about the Council and administrative processes. 

Frequently Asked Questions

Why would I apply for a category change?

If your property is currently served by well and/or septic and you'd like to request public water and sewer, but your property is not in the correct category for public water and/or sewer, you must fill out a water and sewer category change application.

How do I determine the category for my property?

The property's category is available as a data layer on a map. Follow these step-by-step directions to use the County's interactive MapViewer to locate your property address and check its water and sewer category.

What do the different categories mean?

The definitions of the water and sewer categories are spelled out in the category designations and definitons table.

How do I find all the property information that is asked for on the category change request form?

You can search the Maryland Real Property database and display your property records at the Maryland Department of Assessments and Taxation site.

How will my category change request be reviewed and how will a response be made?

Refer to the Application Review Process section above.

How do I prepare for a public hearing about my category change application?

Please refer to the About the Administrative Process or the About the Council Process sections below.  If you aren’t sure which track your application is under, please contact DEP staff.  Then, follow the instructions found for each process. 

How long does the review take?

The length of time it takes for the application to be processed depends on both the date the application is submitted and the nature and details of the application. If your category change request is going through the administrative process review, DEP will schedule a public hearing typically within four to seven months from the date of application to DEP. If your property is going through a County Council process review, the Council will schedule a public hearing typically within five to ten months from the date of application to DEP. 

What if my category change request has been denied?

You may usually reapply 1 year after the date of your application denial. Before reapplying, it's useful to see if anything has changed since your initial application, such as the proximity of water and sewer lines, the zoning, or the intended sewer service envelope for the County. Also contact DEP at  askdep@montgomerycountymd.gov  for an explanation of why your request was denied or if there have been significant changes in the area of interest.

What if conditional approvals have been put on my category change request?

After you've met the conditions, you must notify DEP and provide documentation proving that the conditions have been met. A final approval memo for the category change will be sent to you.

Who do I contact for more information?

For further assistance, contact the Department of Environmental Protection at  askdep@montgomerycountymd.gov or call 240.777.7700.

Administrative Process

To qualify for the administrative process, a category change request must satisfy the requirements of one of several individual service policies in the County's Water and Sewer Plan:

• Consistent with Water and Sewer Plan policies and master plan recommendations

• Intended to relieve a public health problem for a single property resulting from a failing well and/or septic system

• Seeking public service for single properties that abut and predate an existing or approved water or sewer main

• Seeking public service for government buildings and facilities

• Seeking the approval of large-capacity (multiuse) on-site systems, typically for commercial or institutional uses

To complete the administrative process review, DEP staff develop recommendations on the case and must get the concurrence of the Montgomery County Planning Board and the individual members of the County Council. DEP conducts four administrative hearings each year. 

Application requests that go through the administrative process are reviewed as follows:

1. DEP provides a notice of the public hearing to State and County agencies at least 30 days in advance of the hearing date. DEP also publishes a notice of the hearing in The Sentinel, at least 10 days prior to the hearing.  (These notices satisfy the State’s requirements for the hearing process.)

2. DEP provides hearing notices to each of the category change request applicants via email.  In addition, DEP mails postcards announcing the administrative hearing date to all property owners next to and adjoining and confronting the request site, and to civic organizations registered with the County in the vicinity of the request site.
   The Montgomery County Planning Board meets to consider Planning Department staff recommendations on the administrative applications, accept testimony, and approve a recommendation to the DEP Director. 

3. DEP holds an administrative public hearing at which time questions can be answered and testimony (verbal or written) is accepted for the applications in that administrative group.

4. When the hearing record is closed and all public testimony has been taken into consideration, applications that may be approved administratively are recommended to the Director of the Department of Environmental Protection as amendments to the Water and Sewer Plan.  County Council staff notify DEP concerning the concurrence of the individual Council members with the proposed administrative action.

5. The Director reviews the recommendations and finalizes the administrative action. 

6. All interested parties are notified of the amendments.

7. The Maryland Department of the Environment (MDE) is notified of the amendments and has a 90-day review period. MDE then notifies DEP of its concurrence with or disapproval of the administrative action.

Note that administrative approval of each request application requires the concurrence of the Planning Board as a body, each of the nine Council members, and the DEP Director.  DEP defers applications lacking this concurrence to the County Council for consideration. 

How to Prepare for Your Public Hearing

Review the DEP staff recommendation and staff report made available to you for your case. Contact DEP staff if you have any questions. You may submit written testimony about your application to the Director of the Department of Environmental Protection, 255 Rockville Pike, Suite 120, Rockville, MD 20850. All testimony must be submitted before the hearing record closing date. 

The closing date for each public hearing is provided in the hearing notice provided by DEP. Hearings held at DEP’s offices are accessible to handicapped individuals. Interpreter services for hearing impaired citizens may be guaranteed subject to at least five business days notice. 

For further assistance, contact DEP staff in the Water Supply and Wastewater Policy Group:

• Alan Soukup at alan.soukup@montgomerycountymd.gov or 240-777-7716

• George Dizelos at george.dizelos@montgonerycountymd.gov

Council Process

Category changes requests for the County Council process review typically include applications that are:

• Recommended for denial because of their inconsistency with water and sewer service policies and/or master plan service recommendations

• Recommended for deferral of the Council's action, usually for the completion of another decision process, such as a master plan update, special exception application, or Water and Sewer Plan policy issue

• Found to have some level of controversy involved, which may result from some aspect of providing water or sewer service or another related issue such as the proposed site development

• Found to have significant differences between agency recommendations

• Needed to address an area-wide public health problem resulting from failing wells and/or septic systems

Application requests that go through the County Council are reviewed as follows:

1. DEP plans for two County Council sessions each year—one in the spring and one in the fall. 

2. ​DEP provides recommendations for each request application for the County Executive’s consideration, then transmits the Executive’s recommendations to the County Council.  Council and DEP staff provide public notifications of the Council’s public hearing.

3. Council staff assembles a packet of water and sewer category requests with staff recommendations, Planning Board recommendations, the executive branch's recommendations, and any public testimony. This packet is given to the County Council, which then formally establishes a public hearing date. 

4. The County Council holds the public hearing of which State and County agencies are notified at least 30 days in advance. DEP will also provide hearing notices to the applicants and other interested parties.

5. The Planning Board also meets to hear public testimony on the Council-bound applications, ask any questions, and prepare a recommendation for the County Council's Transportation, Infrastructure, Energy, and Environment (T&E) Committee meeting. 

6. The County Council's T&E Committee reviews the applications and offers its recommendations in the form of a draft resolution to the full Council for consideration. (This typically occurs two to four weeks after the public hearing.) 

7. The County Council meets in full session to review the applications, testimony, and recommendations from all agencies and committees and votes on the draft resolution (typically two or three weeks after the committee meeting). 

8. A final resolution is put together for the Council. (This takes one week.)

9. All interested parties are notified of the resolution by email.

10. The resolution is sent to the Maryland Department of the Environment for review and final approval. MDE has a 90-day review period.

How to Prepare for Your Public Hearing

Council hearings are held at The Council Office Building (COB), located at 100 Maryland Ave., between Fleet St. and E. Jefferson St. (Route 28), in Rockville. Parking in the adjacent COB Garage is free after 6:00 p.m.

To testify at the public hearing, please call the Council Office at 240-777-7803 in advance of the hearing. Do not call DEP to sign up to testify. Council office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. If time permits, those who have not already reserved a spot on the speakers' list may be heard at the end of the hearing; give your name to the Council Secretary when you arrive. You may cede your time to another speaker; however, you must be present at the hearing to do so.

The Council's Transportation and Environment Committee usually conducts Water and Sewer Plan hearings. An individual's time is usually limited to three (3) minutes; Council members may ask subsequent questions of the speakers. When testifying, please state your name and address for the hearing record. To present written copies of your testimony at the hearing, please bring at least three (3) but preferably 12 copies, and provide them to the Council secretary before the hearing begins.

Because of limitations both on the number of speakers and their speaking time, the Council also accepts written testimony, which becomes part of the official hearing record, and is given the same consideration as oral testimony. Call the Council Office to confirm the closing date for the hearing record. Address written testimony as follows:

You can view the dates of category change request hearings, set by Council staff, on the County Council website ( check the Council Agenda and the Committee Agenda). The Council staff packet of information for both upcoming and past meetings is available under Packets and Meeting Summaries. The Public Participation section of the County Council website provides detailed information about the application process and how to participate. For additional information, call the Council Office at 240-777-7900; staff there will send you the appropriate information. DEP staff can also help with background material and information.

Frequently Asked Questions

Will the Council make a decision at the hearing? What happens after the hearing?

The hearing provides the Council members an opportunity to hear testimony from the public and the applicants. They will not act on the amendments at that time. Following the hearing, the T&E Committee will hold a work session to consider the testimony provided and the agency recommendations on each amendment. They will develop a draft resolution for the full Council to consider. The Council will subsequently hold a worksession to consider the Committee's draft resolution. The Council may choose to approve, conditionally approve, deny, or defer an individual request as part of their action. A week or two after the work session, the full Council will take a final vote on the resolution to amend the Plan.

How is the Park and Planning Commission involved in the process?

The Planning Board  considers recommendations from Maryland - National Capital Park and Planning Commission (M NCPPC) staff and testimony on the proposed amendments. The Board will send its recommendations to the Council as part of the hearing record. For a copy of the Board's agenda or additional information, visit the Planning Board's website or contact Katherine Nelson in the M NCPPC Environmental Planning Unit at 301-495-4622 or by email at  Katherine.Nelson@mncppc-mc.org.

Application Hearing Schedule

The following provides information on the current or most recent administrative delegation and County Council hearing groups.  The administrative groups start immediately below and the County Council follows thereafter.

Current Administrative Correction Packet

AD 2020-C Administrative Correction Packet

Administrative category correction actions involve an interagency review process, but typically do not require a public hearing, as specified in Chapter 1 of the Water and Sewer Plan, Section V.D.2.c., page 1-73.

The proposed AD 2020-C correction action includes two separate category map amendments that comprise a total of ten properties. Nine of the following ten properties need corrections from W-4 or S-6 to categories W-1 or S-1 to acknowledge existing WSSC water or sewer service:

Correction Amendment 20-POT-02C

• 8800 Saunders Ln. (correct category S-6 to S-1)
• 8820 Saunders Ln.* (correct category S-6 to S-1)
• 8900 Saunders Ln. (correct category S-6 to S-1)
• 8930 Saunders Ln. (maintain category S-6**)

*Two parcels.
**Existing sewer connection, but no sewer service allowed pending approved sewer category change to S-1.

Correction Amendment 20-TRV-12C

• 11608 Lake Potomac Dr. (correct category S-6 to S-1)
• 11612 Lake Potomac Dr. (correct category S-6 to S-1)
• 11616 Lake Potomac Dr. (correct category S-6 to S-1)
• 11620 Lake Potomac Dr. (correct category S-6 to S-1)
• 11624 Lake Potomac Dr. (correct category S-6 to S-1)

DEP has approved the AD 2020-C correction action and has transmitted it to the Maryland Department of the Environment (MDE) for that agency’s review. Please see the “Completed Actions” tab below for information about MDE’s decision, expected in mid-October.

 

Current Administrative Review Packet

AD 2021-2 Administrative Packet

The purpose of an administrative hearing is for DEP to receive comments from the requested applicants on the staff recommendation, and to receive comments from citizens and organizations that may be affected by the proposed amendments. 

DEP has scheduled a virtual public hearing on one category change request included in Administrative Delegation group AD 2020-2 for Wednesday, March 31, 2021, at 9:00 a.m.  The use of a virtual hearing will be done to conform with State and County operating procedures under the COVID-19 stay-at-home orders.  Notices for the hearing required that individuals wanting to participate in the hearing contact DEP to receive instructions.  

The hearing record will remain open for written testimony until 5:00 p.m. on Wednesday, April 7, 2021.  All written testimony concerning this proposed action must be received by DEP by that time.  Email written testimony to george.dizelos@montgomerycountymd.gov or contact Mr. Dizelos by email or at 240-777-7755 for further instructions.  

Following the closing of the public hearing record, and after receiving comments from the Montgomery County Planning Board and the County Council, the director of DEP will act on the proposed amendments.  DEP will send a notice of this action to the applicants, to those of you providing written testimony, and to the Maryland Department of the Environment.  DEP will also send this notice to the County Council, the Planning Board, the Maryland - National Capital Park and Planning Commission, and the Washington Suburban Sanitary Commission. 

The State of Maryland has sixty days to review and comment on the Director's action. During the State's review period, applicants may pursue development plans based on the outcome of this administrative action, including contacting the Washington Suburban Sanitary Commission to request water and/or sewer service.  Pending concurrence from MDE, the applicants may proceed with their plans at their own risk. 

This administrative hearing will include the following map and text amendments:

• Lot 1, Block F, 10000 Block Burbank Dr., Potomac (21-POT-02A)

Public Hearing Schedule

Planning Board Hearing and Work Session

The County Planning Board will consider M-NCPPC staff recommendations for these map amendments and take public testimony if offered.  The Board will then forward its recommendations to DEP as part of the administrative hearing process.  Please refer to the Planning Board’s website for information on providing testimony, for agenda details, and for the M-NCPPC staff report.

Time: Refer to the Board’s posted agenda (see the link above)
Location: M-NCPPC Montgomery Regional Office; 2425 Reedie Drive, Wheaton, MD 20902

Current County Council Review Packet

County Executive’s October 2020 Category Change Packet and Transmittal

This transmittal packet includes three category change requests for consideration by the County Council. Information about the Council’s public hearing is pending.

County Executive’s October 2020 Transmittal Packet
The County Executive’s transmittal packet includes the following six category change requests:

• WSCCR 20-PAX-01: Michael Smith – 1701 Ednor Rd. (request for public water service)
• WSCCR 20-TRV-03: Ashwani & Janak Arora – 10400 Boswell Ln. (request for public sewer service)
• WSCCR 20-TRV-05A: Ravinder & Ritu Kapoor – 10401 Boswell Ln. (request for public sewer service)
• WSCCR 20-TRV-09A: Sami and Siham Ainane – outlot in the 12000 block of Piney Meetinghouse Rd. (request for public sewer service)
• WSCCR 20-TRV-10A: Amir, Ahmad and Rosa Poustinchi – 9701 Watts Branch Dr. (request for public sewer service)
• WSCCR 20-TRV-11A: Meenu Bawa & Anand Verma – 13517 Glen Mill Rd. (request for public sewer service)

DEP Public Hearing Notice

 

 

Public Hearing and Work Session Schedule

COUNTY COUNCIL PUBLIC HEARING

• Date/Time: Tuesday, January 12, 2021, starting at 1:30 p.m.
• Location: Due to COVID-19 procedures, this will be a virtual public hearing conducted by the County Council.  Speakers may sign up for this hearing via this link.
• Hearing record closes at the close of business on Tuesday, January 25, 2021.

PLANNING BOARD DISCUSSION AND ACTION

• Date/Time:  Thursday, January 7, 2021. Use the agenda link below for the approximate time for this agenda item.
• Location: Note that this Planning Board meeting will be held remotely. Use this link for information on viewing and participating in this meeting.
• A link to the M-NCPPC staff packet for the Planning Board will be provided when it is available.  Use this link to access the Planning Board’s agendas.

T&E COMMITTEE WORK SESSION

• Date/Time:  Monday, February 1, 2021, at 2:30 p.m. 
• Location: Due to COVID-19 procedures, this will be a virtual meeting conducted by the committee. See the County Council Committee agenda link below  for information .
• Please check the County Council’s committee agenda for the scheduling of and additional information about this item, including the County Council staff packet.

FULL COUNCIL WORK SESSION & ACTION:

• Anticipated Date/Time: Tuesday, February 23, 2021 at about 1:45 p.m. (Item no. 14) *
• Location: Due to COVID-19 procedures, this will be a virtual meeting conducted by the committee.
• Please check the Council’s agenda for the scheduling of and additional information about this item, including the County Council staff packet and instructions for viewing.
• *The Council’s action to formally approve the resolution is scheduled for Tuesday, March 2, 2021.

COUNTY COUNCIL RESOLUTION:
On March 2, 2021, the Council passed Resolution no. 19-748 for the six category change requests included in the County Executive’s October 2020 transmittal packet. Following the Council’s action on these category change requests, the Council will transmit the approved resolution to the Maryland Department of the Environment (MDE) for review and confirmation. MDE has 60 days to make its determination concerning the Council’s action, but can choose to extend its review time, if necessary.* A copy of MDE’s determination will be posted to the webpage; see the “Completed Actions” tab below.

*Owing to temporary COVID-19 pandemic procedures, MDE has advised that its schedules for the review of Water and Sewer Plan amendments may take longer than proscribed by State law.

View the "Completed Actions" tab below to see other recent County Council resolutions for the Water and Sewer Plan.

Completed Actions

The following includes category change actions and other Water and Sewer Plan amendments completed within the past two years. For additional information about these actions, or for information about prior actions not shown, please contact DEP-WSWU staff.

• George Dizelos at 240-777-7755 or George.Dizelos@montgomerycountymd.gov
• Alan Soukup at 240-777-7716 or Alan.Soukup@montgomerycountymd.gov

“MDE” stands for the Maryland Department of the Environment, the State agency that maintains oversight authority for the County’s amendments to the Water and Sewer Plan.

Administrative Delegation Actions

• AD 2021-2 (4/28/2021)
• AD 2021-1 (2/3/2021)
  (MDE concurred with this action on 3/26/21.)
• AD 2020-4 (11/6/2020)
  (MDE concurred with this action on 12/28/20.)
• AD 2020-C (7/20/2020) correction action
  (MDE concurred with this action on 9/5/20.)
• AD 2020-3
  (DEP did not receive any new category change requests during the third quarter of FY 2020. As a result, there is no administrative delegation action for this quarter.)

• AD 2020-2 (6/19/20) ( PDF, 2.3MB) 
  (MDE concurred with this action on 8/6/2020.)

• AD 2020-1 (3/13/20) ( PDF , 2MB)
  (MDE concurred with this action on 5/22/2020.)

• AD 2020-B (2/12/20) correction action ( PDF , 612KB)
  (MDE concurred with this action on 4/24/2020.)

• AD 2020-A (7/31/19) correction action ( PDF , 612KB)
  (MDE concurred with this action on 10/7/2019.)

• AD 2019-A (6/7/19) correction action ( PDF , 612KB)
  (MDE concurred with this action on 8/21/2019.)

• AD 2019-2 (07/01/19) ( PDF , 10.4MB)
  (MDE concurred with this action on 7/1/2019.)

• AD 2019-1 (2/22/19) ( PDF , 1.9MB)
  (MDE concurred with this action on 5/24/19.)

• AD 2018-4 (1/2/19) ( PDF , 6.8MB)
  (MDE concurred with this action on 3/8/19.)

County Council Actions

• April 2020 County Executive Transmittal: Resolution 19-521 (7/7/20) and Transmittal Packet (PDF, 4.4 MB).
  (MDE concurred with this action on 9/15/20.)
• August 2018 County Executive Transmittal: Resolution 18-1272 (10/30/2018) and Transmittal Packet ( PDF, 8.9 MB).
  (MDE concurred with this action on 1/19/18.)

Final Approval and Other Actions

• WSCCR 19-CLO-03A/Final, O’Keefe Family Trust for Mar Thoma Church of Greater Washington (11/5/20)

• WSCCRs 01A-BEN-01 and 02A-BEN-01/Final, Clarksburg Neck Properties** (7/5/19)
  **Properties west of Frederick Rd. (MD 355), north of Comus Rd. MDE concurred with this action on 9/13/19 .

• WSCCR 05A-OLN-02/Final, Centro Cristiano Internacional Church* (5/2/19)
  *Previous applicant: Parker Memorial Baptist Church (for R. Jones Estate)
  (MDE review pending.)