# Regulation .09 Violations and Fines.

Current through 2026-01-20. Source: COBRA Register Volume 04, Issue 02. Published by the Baltimore City Department of Legislative Reference.

## Regulation .09 Violations and Fines.

Balt., Md., COBRA § 14.03.01.09 (2026)

A. The following fineable offenses are for work being performed in a Public Way:

        <table>
          <thead>
            <tr>
              <th>Violation</th>
              <th>Occurrence</th>
            </tr>
          </thead>
          <tbody>
            <tr>
              <td>Failure to obtain a Street Cuts permit prior to beginning work or, in an emergency where permit cannot be obtained ahead of work, within 18 hours of an emergency street-cut (Absence of a permit at jobsite)</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Unsafe job site, TCP setup, or other unsafe condition</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Not reporting intended work forty-eight (48) hours prior and/or steel plate placement as required on permit</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Compaction testing not performed</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Non-compliant installation of steel plates</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Not clearing away construction debris</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Not providing for temporary patching or plating until full restoration is completed</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Patch not flush with the surrounding pavement</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Absence of identification markings (if faded, they must be refreshed daily)</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Blocked travel lanes before 9:00 AM or after 3:00 PM on weekdays without prior written DOT authorization</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Incorrect traffic control (TCP) setup and/or absence of the approved TCP in site</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Use of unapproved materials</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Failure to construct to Baltimore City standards</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Final striping not completed within 15 calendar days of permanent restoration</td>
              <td>Daily</td>
            </tr>
            <tr>
              <td>Street Cuts not fully restored to be permanent within one hundred twenty (120) days from start of work in the public way</td>
              <td>
                <p>Daily (beginning day 121 and each  day until permanent restoration is</p>
                <p>complete)</p>
              </td>
            </tr>
            <tr>
              <td>Steel plates extending beyond thirty (30) days in the public right-of-way without an approved extension</td>
              <td>Daily (beginning day 31 and each day until steel plating is removed and replaced with temporary patching or until full and permanent restoration is complete)</td>
            </tr>
            <tr>
              <td>Permanent patch failure within the one-year warranty period if not corrected with thirty (30) days of notice</td>
              <td>
                <p>Daily (beginning day 31 and each day</p>
                <p>until permanent restoration is</p>
                <p>complete)</p>
              </td>
            </tr>
          </tbody>
        </table>
      

B. A schedule of fines as previously approved by the BOE for the violations set forth in <cite data-path="14.03.01.09|A.">Regulation .09.A</cite> are

  (1) posted on the DOT website at transportation.baltimorecity.gov; and

  (2) subject to amendment by the Director with the approval of the Board of Estimates.

C. Unless specifically provided, fines may be imposed by DOT without provision of a Pre-Fine Notice.

  (1) The Street-cuts Section is not required to issue a Pre-Fine Notice for any violation observed during inspection operations; and

  (2) DOT will not issue a Pre-Fine Notice for failure to complete permanent restoration within 120 days.

D. In the case of failure to complete full restoration of the Public Way within 120 days of the start of work;

  (1) the total fine amount imposed will be equal to:

    (a) the number of days past 120 days until the restoration is completed (b) times the daily fine amount per violation.

  (2) The following time periods are not included in the calculation of the 120-day period within which full restoration must be completed:

    (a) the winter season, which is defined generally as the period from November 15 to March 15, or

    (b) when paving plants are closed as determined by the Department.

  (3) Any permit holder that is not able to complete full restoration within the 120-day period must

    (a) make a written request for an extension to the Street-cuts Section prior to the expiration of the 120-day period, and

    (b) demonstrate good cause for the extension.

  (4) The Street-cuts Section may then grant written extension for a reasonable time to the permit holder.

  (5) When no request for an extension of the 120-day period has been granted:

    (a) Street-cuts not completed within the 120-day restoration period are required to apply for a new permit;

    (b) the new permit start date is the expiration date of the previous permit;

    (c) the new permit expiration date is the expected date that permanent restoration will be complete for the street cut; and

    (d) the permit fee owed to the City is for the entire timeframe.

    (e) these requirements are in addition to any fines imposed.

E. Steel plates may not extend beyond 30 days in the public way unless

  (1) an extension has been granted by the Department; and

  (2) the extension notification can be found at <u>https://transportation.baltimorecity.gov/quick-forms.</u>

F. Permanent patch failure within the 1-year warranty period will be given a 30-day notice for repairs:

  (1) a new permit is required for the repair;

  (2) beyond the 30-day notice period, a fine will be imposed until such time as the patch is repaired and approved; and

  (3) an additional 1-year warranty will take effect starting from the day of final approval of the repair.

G. The following unsafe conditions existing at a Street-cut may result in a fine:

  (1) utility trench, permanent patch within the warranty phase, or utility cut where paving restoration is left:

    (a) 1 inch or more below existing grade, or

    (b) 2 inches or more above existing grade;

  (2) Utility trench, permanent patch within the warranty phase, or utility cut on roadways with bicycle facilities where paving restoration is left:

    (a) ¼ inch or more below existing grade, or

    (b) ½ inch or more above existing grade;

  (3) debris left onsite by a contractor for 24 hours or more;

  (4) wooden boards placed over utility cut;

  (5) fenced site where the fence has collapsed;

  (6) an exposed excavation left unattended;

  (7) blocking of a bicycle facility by equipment, debris, vehicles, signs or other obstruction;

  (8) blocking a pedestrian walkway, crosswalk, curb ramp or other facility by equipment, debris, vehicles, signs or other obstruction; and

  (9) any circumstance where the contractor has left work in a state considered to be a substantial threat to public safety.