# Subtitle 15 – Street Cuts

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## Part 1 – Definitions; General Provisions

### § 15-1 Definitions.

Balt., Md., Code art. 26, § 15-1 (2026)

(a) In this subtitle, the following terms have the meanings indicated.

(b) “Department” means the Department of Transportation.

(c) “Director” means the Director of Transportation or the Director’s designee.

(d) “Excavation” means any work for or in connection with the installation, improvement, maintenance, or repair of any facilities that:

  (1) involves the displacement or removal of materials; and

  (2) is performed in or below the surface of a public way.

(e)

  (1) “Facilities” means any equipment or other property that is located or proposed to be located in a public way.

  (2) “Facilities” includes access holes, cables, cabinets, ducts, conduits, converters, drains, handholds, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, valves, vaults, wires, or other appurtenances or property.

(f)

  (1) “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.

  (2) Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person”also  includes a governmental entity or an instrumentality or unit of a governmental entity.

(g) “Public way” means the entire area within the boundary lines of any public street, alley, sidewalk, footway, or other right-of-way, whether acquired by purchase, grant, dedication, or otherwise.

(h) “Street-cut permit” means any permit required by or issued under this subtitle.

(i) “Utility” means any person that owns or operates facilities used to provide electrical, gas, steam, water, sewer, telecommunications, information, video, or other services to customers.

*History: Ord. 06-245*

*History: Ord. 15-435*

*History: Ord. 22-125*

### § 15-2 Scope of subtitle.

Balt., Md., Code art. 26, § 15-2 (2026)

(a) This subtitle applies to any excavation on or in a public way by or on behalf of any public or private utility or any other person.

(b)

  (1) The requirements of this subtitle are in addition to any other law, rule, regulation, or standard applicable to excavations, construction, maintenance, repair, or other work in a public way.

  (2) Other applicable requirements include:

    (i) obtaining and complying with the terms of any required franchise, minor privilege permit, developer’s agreement, right of entry, or similar authority; and

    (ii) notifying the City’s One-Call System contractor for the marking of facilities, as required by the State Public Utility Companies Article, Title 12, Subtitle 1.

(c)

  (1) The issuance of a street-cut permit does not give any person any property right in or to the use of a public way.

  (2) All permits issued and held under this subtitle are subject to the superior right of the City to control the use of public ways and to ensure the safe and orderly movement of traffic.

*History: Ord. 06-245*

### § 15-3

Balt., Md., Code art. 26, § 15-3 (2026)

Reserved

### § 15-4 Administration.

Balt., Md., Code art. 26, § 15-4 (2026)

The Department of Transportation is responsible for administering and enforcing this subtitle.

*History: Ord. 06-245*

*History: Ord. 15-435*

### § 15-5 Rules and regulations.

Balt., Md., Code art. 26, § 15-5 (2026)

(a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Transportation shall adopt rules and regulations to carry out this subtitle.

(b) These rules and regulations shall incorporate standards set by the Department to govern:

  (1) backfilling, repaving, and repair specifications;

  (2) traffic control;

  (3) work hours;

  (4) lighting, fencing, and covering of work areas; and

  (5) incidental related matters.

(c) These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle.

*History: Ord. 06-245*

*History: Ord. 15-435*

*History: Text Conformed 02/23/21*

### §§ 15-6 to 15-10

Balt., Md., Code art. 26, § 15-6 to 15-10 (2026)

Reserved

## Part 2 – Permit Requirements

### § 15-11 In general.

Balt., Md., Code art. 26, § 15-11 (2026)

No person may excavate on or in a public way unless:

(1) the person first obtains from the Department a street-cut permit for that excavation; or

(2) the work is emergency excavation performed in accordance with <cite data-path="|26|§15-13">§ 15-13 {“Emergency excavation”} of this subtitle</cite>.

*History: Ord. 06-245*

### § 15-12 Street-cut permit.

Balt., Md., Code art. 26, § 15-12 (2026)

(a) Each application for a street-cut permit must be in the form and contain the information that the Director requires.

(b) If an application is approved, the Director may:

  (1) impose conditions on the permit as necessary or appropriate to preserve and maintain the health, safety, welfare, and convenience of the public; and

  (2) issue the permit on receipt of:

    (i) the permit fees imposed under <cite data-path="|26|§15-14">§ 15-14 {“Fees”} of this subtitle</cite>; and

    (ii) the performance security required under <cite data-path="|26|§15-31">§ 15-31 {“Performance security”} of this subtitle</cite>.

(c)

  (1) The Director may deny an application if the applicant:

    (i) within the preceding 2 years, has done excavation work without a street-cut permit or otherwise in violation of any applicable laws, rules, or regulations;

    (ii) has not satisfactorily completed all repairs required under a previously issued street-cut permit; or

    (iii) remains indebted to the City for:

      (A) expenses previously incurred under this subtitle by the City; or

      (B) fines previously imposed under this subtitle by the City.

  (2) If an application is denied, the Director must notify the applicant, by written, electronic, or facsimile communication, of:

    (i) the reasons for the denial; and

    (ii) how to obtain administrative review of the denial.

(d) Each street-cut permit shall specify:

  (1) a start date on which work is first authorized to begin; and

  (2) an end date by which all work, inspections, and approvals must be completed.

(e) Unless extended by the Department, a street-cut permit expires if the work to be done under the permit:

  (1) has not begun within 30 calendar days of the start date;

  (2) is not pursued diligently; or

  (3) is not completed by the end date.

(f) A street-cut permit is not transferable.

*History: Ord. 06-245*

### § 15-13 Emergency excavation.

Balt., Md., Code art. 26, § 15-13 (2026)

(a) A person may conduct an emergency excavation without first obtaining a street-cut permit only if:

  (1) the excavation is needed, as a result of an unforeseen event, to prevent or abate a potential danger to life, health, or property;

  (2) before undertaking the excavation:

    (i) the person notifies the Director of the emergency; and

    (ii) the Director authorizes the person to proceed with the excavation; and

  (3) the person obtains a street-cut permit for the excavation:

    (i) within 18 hours after beginning the excavation; or

    (ii) if the Department’s offices are closed, on the next day that its offices are open.

(b) Under no circumstances may an emergency excavation be closed before:

  (1) a street-cut permit is issued; and

  (2) the work is inspected and approved by the Department.

*History: Ord. 06-245*

### § 15-14 Fees.

Balt., Md., Code art. 26, § 15-14 (2026)

(a) Fees for street-cut permits shall be assessed in accordance with a fee schedule established by the Director, with the approval of the Board of Estimates.

(b) The fee schedule may set differential rates based on:

  (1) size of excavation;

  (2) portion of public way affected;

  (3) extent of damage to the public way;

  (4) recency and nature of any previous repaving or repair; and

  (5) any other relevant factor.

*History: Ord. 06-245*

### §§ 15-15 to 15-20

Balt., Md., Code art. 26, § 15-15 to 15-20 (2026)

Reserved

## Part 3 – Performance Schedules and Standards

### § 15-21 Scope.

Balt., Md., Code art. 26, § 15-21 (2026)

The requirements of this Part 3 are in addition to any requirements or standards imposed by the Department in its rules and regulations or as a condition of a street-cut permit.

*History: Ord. 06-245*

### § 15-22 Display of permit.

Balt., Md., Code art. 26, § 15-22 (2026)

Any person doing excavation work must:

(1) maintain the appropriate street-cut permit on site at all times; and

(2) exhibit the permit when requested by the Department.

*History: Ord. 06-245*

### § 15-23 Work schedule.

Balt., Md., Code art. 26, § 15-23 (2026)

(a) No person may begin work under a street-cut permit until:

  (1) in the case of an emergency excavation performed in accordance with <cite data-path="|26|§15-13">§ 15-13 {“Emergency excavation”} of this subtitle</cite>, the person notifies the Department and obtains permission to begin work; and

  (2) in all other cases, the start date specified in the permit.

(b) The permittee must diligently pursue the work until its completion.

(c) All work to be done under a street-cut permit must be completed, inspected, and approved before the end date specified in the permit.

*History: Ord. 06-245*

### § 15-24 Securing public way.

Balt., Md., Code art. 26, § 15-24 (2026)

At the end of each workday, the permittee must secure the public way:

(1) with temporary fill or paving;

(2) by trench plating; or

(3) by other protective measures approved by the Department.

*History: Ord. 06-245*

### § 15-25 Decorative or landscaped areas.

Balt., Md., Code art. 26, § 15-25 (2026)

(a) Before disturbing decorative surfaces, streetscapes, and landscaped areas, the applicant for a street-cut permit must provide proof that alternatives, such as rerouting, boring, jacking, or scooping, cannot be used.

(b) Restoration of these areas must:

  (1) comply with all conditions and other requirements of the permit;

  (2) conform with all current rules, regulations, and standards; and

  (3) when completed, match preexisting conditions.

*History: Ord. 06-245*

### § 15-26 Locating or relocating poles.

Balt., Md., Code art. 26, § 15-26 (2026)

(a) Before erecting or relocating any pole, the applicant for a street-cut permit must agree, for itself and its successors in interest, to the conditions specified in this section.

(b) The pole may be placed only in the position that the Director specifies.

(c)

  (1) If, at any time, the Director orders the pole to be removed or relocated, the pole will be removed or relocated within 3 days of the order or, if longer, within the time specified in the order.

  (2) All costs of removing or relocating the pole, including the cost of all needed repairs to the public way, will be borne by the applicant or its successors in interest.

*History: Ord. 06-245*

### §§ 15-27 to 15-28

Balt., Md., Code art. 26, § 15-27 to 15-28 (2026)

Reserved

## Part 4 – Warranty; Performance Security; Indemnification

### § 15-29 Scope.

Balt., Md., Code art. 26, § 15-29 (2026)

This Part 4 does not apply to excavation work performed by a governmental entity.

*History: Ord. 06-245*

### § 15-30 Warranty; Correction of defects.

Balt., Md., Code art. 26, § 15-30 (2026)

(a) By accepting a street-cut permit, the permitee warrants all work done under the permit against all defects in workmanship and materials for a period of 1 year after the work has been completed, inspected, and approved.

(b) On written notice from the Department of any defect in workmanship or materials during the warranty period, the permittee must make the necessary repairs within the period specified in the notice.

(c)

  (1) If the permitte fails to correct the defects within the time specified in the notice, the City may make the repairs at the permittee’s expense.

  (2) The permittee:

    (i) is responsible for all expenses incurred by the City, including any related administrative expenses; and

    (ii) shall pay those expenses to the City within 30 days following notice of the amount owed.

(d) Any repair during the warranty period automatically extends the warranty period to run for 1 additional year beyond the original warranty period.

*History: Ord. 06-245*

### § 15-31 Performance security.

Balt., Md., Code art. 26, § 15-31 (2026)

(a) In this section, “performance security” means any one or a combination of:

  (1) a performance bond;

  (2) an irrevocable letter of credit; or

  (3) a cash deposit.

(b) No street-cut permit may be issued to any person unless that person submits performance security as required by this section.

(c)

  (1) The performance security must be approved:

    (i) as to form and legal sufficiency by the City Solicitor; and

    (ii) as to amount by the Director.

  (2) The performance security must serve to save the City harmless from:

    (i) any cost, liability, expense, claim, or suit for damages in any manner arising out of or resulting from the work done under the permit; and

    (ii) any loss or cost by reason of the restoring or failure to restore the public way to required conditions and standards.

(d)

  (1) The performance security may be made to cover all street-cut permits issued from time to time to any one person.

  (2) In that case, the Director may require from time to time that the amount of the security be increased to an amount sufficient in the Director’s judgment to protect the City, based on the volume of work undertaken by the person or the number of permits issued to the person.

(e) The Department shall release the performance security, in whole or in part, after completion of the warranty period and the correction of any defects or violations identified during that period.

*History: Ord. 06-245*

### § 15-32 Indemnification.

Balt., Md., Code art. 26, § 15-32 (2026)

(a) By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys’ fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit.

(b) Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent.

(c) The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City.

(d) This indemnity obligation survives expiration of the permit and completion of the work authorized by it.

*History: Ord. 06-245*

### §§ 15-33 to 15-35

Balt., Md., Code art. 26, § 15-33 to 15-35 (2026)

Reserved

## Part 5 – Administrative and Judicial Review

### § 15-36 Administrative review.

Balt., Md., Code art. 26, § 15-36 (2026)

(a)

  (1) Any person aggrieved by a decision or action of the Department under this subtitle, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this subtitle, or otherwise, may appeal that decision or action to the Director.

  (2) The appeal must:

    (i) be in writing;

    (ii) be filed within 10 days of the decision or action in dispute; and

    (iii) clearly state the grounds on which the appeal is based.

(b)

  (1) The Director shall adopt procedures for appeals and administrative hearings.

  (2) A copy of these procedures must be filed with the Department of Legislative Reference before they take effect.

*History: Ord. 06-245*

### § 15-37 Judicial review.

Balt., Md., Code art. 26, § 15-37 (2026)

A party aggrieved by a final decision of the Director under <cite data-path="|26|§15-36">§ 15-36 {“Administrative review”} of this subtitle</cite> may appeal that decision to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Civil Procedure.

*History: Ord. 06-245*

### §§ 15-38 to 15-40

Balt., Md., Code art. 26, § 15-38 to 15-40 (2026)

Reserved

## Part 6 – Penalties

### § 15-41 Civil fines.

Balt., Md., Code art. 26, § 15-41 (2026)

(a) The Director may impose civil fines for violations of:

  (1) this subtitle.;

  (2) a rule or regulation adopted under this subtitle;

  (3) a condition imposed on a permit issued under this subtitle; or

  (4) a stop-work order issued under this subtitle.

(b) A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Director with the approval of the Board of Estimates.

*History: Ord. 06-245*

### § 15-42 Criminal penalties.

Balt., Md., Code art. 26, § 15-42 (2026)

Any person who violates any provision of this subtitle, of a rule or regulation adopted under this subtitle, of a condition imposed on a permit issued under this subtitle, or of a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 1 year, or both fine and imprisonment, for each offense.

*History: Ord. 06-245*

### § 15-43 Each day a separate offense.

Balt., Md., Code art. 26, § 15-43 (2026)

Each day that a violation continues is a separate offense.

*History: Ord. 06-245*