Part 2 – Permit Requirements
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 26, § 15-11 (2026)
§ 15-11 In general.LinkCopy Citation
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
Balt., Md., Code art. 26, § 15-12 (2026)
§ 15-12 Street-cut permit.LinkCopy Citation
(a)Application.
Each application for a street-cut permit must be in the form and contain the information that the Director requires.
(b)Approval of permit; conditions.
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)Denial of permit.
(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)Term.
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)Expiration.
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)Nontransferability.
A street-cut permit is not transferable.
History: Ord. 06-245
Balt., Md., Code art. 26, § 15-13 (2026)
§ 15-13 Emergency excavation.LinkCopy Citation
(a)When authorized.
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)Limitations.
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
Balt., Md., Code art. 26, § 15-14 (2026)
§ 15-14 Fees.LinkCopy Citation
(a)In general.
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)Differentials.
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
Balt., Md., Code art. 26, § 15-15 to 15-20 (2026)
§§ 15-15 to 15-20LinkCopy Citation
Reserved