# 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.

## § 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