Chapter 2. Administration
Article I. In General.
Montgomery County, Md., Code § 2-1 (2026)
Sec. 2-1. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-2 (2026)
Sec. 2-2. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-3 (2026)
Sec. 2-3. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-4 (2026)
Sec. 2-4. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-5 (2026)
Sec. 2-5. Use of consular registration cards for identification.LinkCopy Citation
Any County department or office may accept a valid consular registration card as personal identification or proof of residence. In this Section, "consular registration card" means an identification card issued by a foreign government to one of its nationals living in the United States after sufficient verification of the card holder's identity and place of residence. The County Executive must issue regulations under method (3) listing the countries that impose verification requirements that reasonably ensure the reliability of information on a consular registration card. At least once every 12 months, the Executive must review the list and may add or delete a country by regulation under method (3).
Montgomery County, Md., Code § 2-6 (2026)
Sec. 2-6. Special deputy sheriffs.LinkCopy Citation
The Sheriff of the County, on application of any corporation or individual, may appoint special deputy sheriffs for duty in connection with the property of, or under the charge of, such corporation or individual; such special deputy sheriffs to be paid wholly by the corporation or person on whose account their appointments are made. Such special deputy sheriffs shall hold office at the pleasure of the sheriff and shall have the same power and authority as deputy sheriffs possess within the area to which they are appointed and in no other area.
Montgomery County, Md., Code § 2-7 (2026)
Sec. 2-7. Location of Sheriff's office; compensation of Sheriff; required use of vehicle.LinkCopy Citation
(a)
Location of office. The County Sheriff must hold an office at the courthouse and attend the office at all times, except Sunday, in person or by deputy, for the transaction of business.
(b)
Salary.
(1)
Except as provided in paragraph (2), beginning on December 6, 2010, the Sheriff must receive an annual salary of $154,000.
(2)
Beginning on December 2, 2013, the Sheriff’s salary must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.
(c)
Use of vehicle. The Sheriff must use a County vehicle, at County expense, to travel to and from work, in order to maintain communication with the Sheriff’s office and other County officials.
Montgomery County, Md., Code § 2-8 (2026)
Sec. 2-8. Agreements for establishing emergency plans and procedures.LinkCopy Citation
The county executive is hereby authorized to enter into agreements with any organizations and agencies, now or hereafter created for the purposes of establishing emergency plans and procedures, whereunder the county may request assistance from such other organizations and agencies during times of emergency; provided, that any such agreement shall not bind the county to provide reciprocal assistance to any such organization or agency.
Montgomery County, Md., Code § 2-9 (2026)
Sec. 2-9. County vehicles-Storage, parking, markings or identification, designation and use generally.LinkCopy Citation
Storage, parking, markings or identification, designation and use of county vehicles shall be provided for in executive regulations adopted by the county executive under method (3) of section 2A-15 of this Code; provided, that in accordance with section 2-10, such vehicles shall be used only for official county business.
Montgomery County, Md., Code § 2-10 (2026)
Sec. 2-10. Same-Unauthorized use or use for other than official business.LinkCopy Citation
Unauthorized use or use of county vehicles for other than official county business is prohibited.
Article Ii. Powers of County Generally.
Montgomery County, Md., Code § 2-11 (2026)
Sec. 2-11. Corporate powers generally.LinkCopy Citation
(a)
In addition to its corporate powers heretofore granted, the county is hereby authorized and empowered:
(1)
To acquire by purchase, gift, devise or bequest, sites for county schools and to enlarge or improve such sites and to construct, alter, enlarge, improve, develop or extend existing county schools, and to construct new school buildings and purchase the physical equipment necessary or incident thereto and to purchase, construct or otherwise acquire any other buildings or equipment other than schools considered necessary for educational purposes.
(2)
To acquire by purchase, gift, devise or bequest rights-of-way for county roads and to layout, open, construct, improve, extend and replace county roads, streets, highways, culverts, viaducts and bridges.
(3)
To contribute toward the cost of highway projects of the state roads commission located in the county.
(4)
To enlarge, renew, replace, alter and improve existing county public buildings and to acquire by purchase, gift, devise or bequest sites for and to construct or otherwise acquire new buildings to be used for any legal governmental or municipal functions.
(5)
And provided further that the county may contract or covenant with the government of the United States and of the state and with any commission, board, district or authority for the purpose of carrying out the powers conferred by this section, including the method of financing in whole or in part the projects authorized herein.
(b)
This section shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This section, being necessary for the welfare of the inhabitants of the county, shall be liberally construed to effect the purposes hereof. All acts and parts of acts, however inconsistent with the provisions of this section, are hereby repealed to the extent of such inconsistency.
Montgomery County, Md., Code § 2-11A (2026)
Sec. 2-11A. Evaluation of reorganization.LinkCopy Citation
(a)
Within two (2) years following the effective date of this section, and periodically thereafter, the county executive shall cause to have evaluations made of the departments, offices and agencies herein created, with the exception of the office of management and budget which will be evaluated by the office of legislative oversight at the direction of the county council. Such evaluations will include, but not necessarily be limited to:
(1)
The validity of the original goals, objectives and performance criteria stated as the rationale for creation of the department, office or agency, to the extent that they reflect the intent and purposes envisioned by the county council.
(2)
The effectiveness with which these goals, objectives and performance criteria have been accomplished.
(3)
The efficiency with which the department, office or agency has operated.
(4)
An assessment of other activities and consequences not specifically anticipated at the time the department, office or agency was created.
(5)
Recommended changes in the goals, objectives, performance criteria, programs and operating procedures of the department, office or agency, which would, in the opinion of the evaluators, improve the ability of the department, office or agency to meet its intended purpose in an effective and efficient manner.
(b)
A report by the county executive of each evaluation pursuant to this section shall be transmitted in writing to the county council, within two (2) years of the effective date of this law. Except as otherwise provided in subsection (c) of this section, all reports shall be made available to the general public.
(c)
Within 15 days after receipt of a written report from the County Executive, the Council must determine whether the report, or any part of the report, must not be made public. The only basis on which a report or any part of a report may not be made public is if the report or part contains information that would not be available for public inspection under Title 10, Subtitle 6 of the State Government Article of the Maryland Code.
(d)
If a report or any part of a report is not made public by the council, the county executive shall promptly release to the public a general summary of the report or part together with the reasons why the report or part was not made public.
(e)
Reports by the office of legislative oversight will be submitted in writing to the county council pursuant to section 29A-9 (reports) of this Code.
(f)
The evaluations pursuant to this section will be in addition to the annual audit required by section 315 of the charter of Montgomery County.
Montgomery County, Md., Code § 2-12 (2026)
Sec. 2-12. Police powers generally.LinkCopy Citation
The council in its discretion shall have full power and authority to enact ordinances for the county as it may deem necessary for the peace, good government, health, safety or welfare of the county, and which are not inconsistent with the provisions of the constitution or public general laws or public local laws of the state, subject, however, to the following limitations and restrictions:
(a)
That the council shall not have power to license, regulate, prohibit or submit to local option, the manufacture or sale of alcoholic beverages.
(b)
That nothing in this section contained shall be construed as a grant of additional powers to the council to authorize the issuance or renewal of any bonds, certificates, notes or other evidences of indebtedness of the county, except as now or hereafter provided by public general or local law.
Montgomery County, Md., Code § 2-13 (2026)
Sec. 2-13. Public emergency powers-Generally.LinkCopy Citation
The county executive is hereby authorized and empowered to use or to direct the use of any and all facilities, equipment, buildings and land belonging to the county, including trucks, school buses, motors, tools, buildings and any other equipment and property of the county for such purposes and in such manner that shall be necessary for the welfare and benefit of the citizens of the county for the duration of the war or other public emergency and thereafter and also, subject to any contractual obligations to the contrary, to direct any employees hired by the county in connection with the operation and maintenance of facilities, equipment, school buses and trucks to perform such duties, as will, in the discretion of the county executive aid the war effort and any other emergency use to promote the general welfare and benefit of the county; and the county executive may prescribe a pecuniary charge against any person, using such equipment, facilities, buildings and land provided by the county executive in the exercise of authority and power, and in the exercise of this power and authority the county executive is further authorized to purchase and hire additional equipment to carry out the purposes of this section and to establish parking lots. The jurisdiction or regulatory power of the public service commission shall not extend to the special transportation facilities, activities and services furnished in the exercise of authority and power by the county executive and the county executive is hereby further authorized and empowered to pay for the services, facilities, and the purchase and hire of additional equipment from any fund that may be available or that may be made available or levied for.
Montgomery County, Md., Code § 2-14 (2026)
Sec. 2-14. Same-Appropriations.LinkCopy Citation
The council is hereby authorized and empowered to appropriate at any time or from time to time, either in the annual budget appropriation or by interim resolution, such sum as they may by resolution declare to be necessary or expedient for public defense in time of actual or impending war, insurrection, riot or other emergencies such as floods, fires, disasters or epidemics of disease, and for the defense of the county or the safeguarding of its people or property, and to alleviate suffering in time of actual or impending disaster or peril or to otherwise aid the state or the United States in connection with national defense, or for any other purpose necessary for the preservation of the public health, safety or welfare in the county, and to borrow upon the faith and credit of the county such sum as may be necessary to carry out the provisions of this section.
Montgomery County, Md., Code § 2-15 (2026)
Sec. 2-15. Same-Arms and ammunition; civilian defense personnel; regulations, etc.LinkCopy Citation
In order to carry out the provisions of sections 2-14 through 2-16 of this Code, the county executive may provide and furnish arms and ammunition to the citizens of the County or to the militia of the state, and may provide and furnish any or all persons engaged in public defense within the county with protective armor and such other equipment and supplies and also purchase, rent, hire and maintain lands, buildings, and equipment as may be considered to be necessary and proper. The county executive may engage the service of persons charged with assisting in public defense and may, with the approval of the council, fix the compensation of such persons, including the payment for services heretofore rendered in connection with the civilian defense activities of the county, and may do all other things needful and necessary to protect and safeguard the people and property within the county from actual or threatened armed invasion or insurrection, and may alleviate their suffering resulting from fire, flood, disaster or epidemic of disease, or other such emergencies. The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code to protect the citizens of the county during blackouts, practice air raid alarms, air raids and invasion. All acts done and all money expended by the county for such purposes, either heretofore or hereafter, including the purchase of equipment for civilian defense organization and maintenance, the employment of administrative and technical aid in the interest of civilian defense, the purchase of medical supplies for casualty stations, and the purchase of arms, ammunition and providing and furnishing of telephone service and other service and supplies are hereby ratified and confirmed as just and lawful acts of the county.
Montgomery County, Md., Code § 2-16 (2026)
Sec. 2-16. Borrowing money.LinkCopy Citation
(a)
In order to further carry out the provisions of sections 2-14 through 2-16 the Council may at any time, or from time to time, borrow on the faith and credit of the county such sum of money or other article of value in an amount not to exceed the appropriations made under sections 2-14 and 2-15 by public or private sale of certificates of indebtedness, or other evidence of debt, or by direct negotiation with any state or national banking institution or other lending agency.
(b)
The Council may also issue certificates of indebtedness or promissory notes in denominations and amounts, and at interest rates and for periods not exceeding two years as the Council by resolution determines. Such certificates of indebtedness or promissory notes must be executed by the County Executive and attested by the Clerk of the Council. Such promissory notes or certificates of indebtedness may be renewed or reissued at any time or from time to time or may be funded by an issue of serial bonds having an average maturity of not more than ten years from the date of issue.
(c)
The bonds, certificates of indebtedness, promissory notes or other evidences of debt issued under this Section must be specifically exempted from sections 8, 9 and 10 of article 31 of the Maryland Code, and from any other public general or local law of Maryland which conflicts with Sections 2-14 through 2-16. All evidences of debt issued pursuant to Sections 2-14 through 2-16 and the interest thereon must be exempt from all state, county and municipal taxes. All debt incurred under Sections 2-14 through 2-16 must be until paid the obligation of the County issued upon its full faith and credit.
Montgomery County, Md., Code § 2-17 (2026)
Sec. 2-17. State of public emergency.LinkCopy Citation
(a)
Definitions.
(1)
Public Emergency.
(A)
A riot or unlawful assembly characterized by the use of actual force or violence, or any threat to use force or violence if accompanied by immediate power to execute the threat, by a group of persons acting together without authority of law.
(B)
Any natural or man-made disaster, including a flood, fire, storm, tornado, earthquake, or explosion in the County resulting in death or injury or destruction of property requiring extraordinary measures to protect public health, safety and welfare.
(C)
An attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States by any means.
(2)
Curfew. A prohibition against any person traveling or remaining, on foot or on or in a vehicle, on any public street or place, or on any vacant land or other public or private property in the County or any specific part of the County. During a curfew, a person must remain at the person's residence, employment or business, unless the person is on official public emergency duty or is otherwise expressly authorized to travel.
(b)
Emergency powers.
(1)
When the County Executive finds that a public emergency, as defined in subsection (a), exists, the Executive may immediately declare in writing a state of emergency.
(2)
After declaring a state of emergency, the County Executive, to protect the public safety and welfare, may take any of the following actions:
(A)
Curfew. Order a general or limited curfew applicable to the entire County or any specific geographic area of the County, during specific hours.
(B)
Alcoholic Beverages. Order the closing or partial closing of all retail liquor stores and any other business, including a private club, where alcoholic beverages are served or sold, and restrict the consumption of alcoholic beverages in a public street or place or in any motor vehicle.
(C)
Gasoline and Explosives. Prohibit or limit the sale, distribution, or transport of gasoline or other explosive, flammable, or combustible products; and order the closing of, or otherwise restrict, gasoline stations and other businesses which sell, distribute, or otherwise use any explosive, flammable, or combustible product.
(D)
Firearms and Ammunitions. Prohibit or limit the sale, distribution, or transport of firearms or ammunition; and order the closing of, or impose any other restriction on, any person or business that sells, distributes, or transports firearms or ammunition.
(E)
Weapons. Order that no person may carry, wear or otherwise transport personally or by vehicle any rock, bottle, club, brick, knife, gun, or any other weapon, or any incendiary missile, fire bomb, or explosive.
(F)
Restricted Areas. Designate any specific geographic area, street, or building as a restricted area, and order that no person may enter any restricted area unless in the performance of official duties or for other specified reasons.
(G)
Facilities and Personnel. Require the use of any facility, equipment, building or land owned or controlled by the County or any other government agency located in the County as necessary during the emergency; direct the police or any other County employee to perform duties as necessary; and buy or rent equipment, materials, and property as necessary to protect life and property during the emergency.
(H)
Other Orders. Issue any other order immediately necessary to protect life and property during a declared emergency.
(3)
A state of emergency expires after 3 days unless during that period the County Council approves its continuation. If the Council is not able to meet during the 3-day period, the Council President or the President's designee may extend the state of emergency until the Council can meet.
(4)
The Executive, or the Executive's designee, must notify and consult with the Council President, or the President's designee, to the extent circumstances permit, before announcing a state of emergency to the news media and public.
(5)
The Executive, or the Executive's designee, must notify the Council President, or the President's designee, each time the Emergency Management Group, or any subgroup of the Emergency Management Group, is activated.
(6)
A state of emergency and any order issued under it takes effect immediately. The Executive must promptly issue a news release or other announcement, and publicize any actions taken by all means reasonably available under the circumstances.
(7)
Within 30 days after the end of any state of emergency or any other incident that required the activation of the Emergency Management Group or any subgroup of the Emergency Management Group, the Executive or the Executive's designee must inform the Council of the facts of the event; any casualties, damages, or costs; and long-term implications of the event. Within 60 days, the Executive or the Executive's designee must give the Council an update of the initial briefing and a list of lessons learned.
(c)
Penalty.
(1)
Any order issued under subsection (b) may provide that any violation of the order is a class A violation.
(2)
Any person who refuses to leave any site of a disorder or unlawful assembly during a state of emergency, after having been ordered to leave by the police or any other lawful authority, has committed a class A violation.
(d)
Authority to enter into agreements. The County Council may enter into agreements with any municipality, county or state or federal agency, or private party, to render emergency and supplemental services or fire or police protection during a fire, disturbance, or other public emergency that requires extra assistance.
Montgomery County, Md., Code § 2-17A (2026)
Sec. 2-17A. Maryland Emergency Management Assistance Compact.LinkCopy Citation
The County adopts the Maryland Emergency Management Assistance Compact codified in § 14- 803 of the Public Safety Article of the Maryland Code.
Montgomery County, Md., Code § 2-18 (2026)
Sec. 2-18. Continuity of government.LinkCopy Citation
(a)
Definitions.
(1)
Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the local incumbent of the office and his duly authorized deputy or deputies are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office; except that no member of the county council shall be "unavailable" until declared to be "unavailable" by a resolution of the county council passed by a majority of the council members present and voting.
(2)
Public emergency is as defined in section 2-17.
(3)
Duly authorized deputy shall mean a person who is presently authorized to perform all of the functions, exercise all the powers and discharge all the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
(4)
Emergency interim successor shall mean a person designated pursuant to this section for temporary succession to the powers and duties, but not the office, of a county official in the event such official or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
(b)
Designation, status, qualifications and term of emergency interim successors.
(1)
County Council. In the event that one or more members of the county council are declared "unavailable" pursuant to this section during a proclaimed state of public emergency, a majority of the remaining council members may designate an "emergency interim successor" to the powers and duties of such unavailable council member or members. In the event that the remaining council members fail to act or are unable to act within a reasonable time during the state of public emergency and the appointment of "emergency interim successors" is required to enable the council to continue functioning, the county executive may designate "emergency interim successors" to the powers and duties of any unavailable council members.
(2)
County Executive. In the event that the county executive shall become unavailable during a proclaimed state of public emergency, the chief administrative officer and a minimum of two (2) additional members of the executive branch, with rank in order of succession following the chief administrative officer as specified by the county executive and filed with the county council, shall constitute the emergency interim successors for the county executive and shall, in the order in which they are listed, succeed to the powers and duties of the county executive.
(3)
Designation. The county executive, after receiving the advice of the chief administrative officer, shall, within the thirty (30) days after taking office or within thirty (30) days after the appointment or reappointment of the chief administrative officer and each head of each principal department, office or agency of the executive branch, designate "emergency interim successors" for himself or herself and for such chief administrative officer and such heads of each principal department, office or agency of the executive branch and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or "emergency interim successors" or combination thereof for each official.
(4)
Review of Designation. The county executive shall review at least annually and, as necessary, revise all executive designations of "emergency interim successors" to ensure that, at all times, the required number of persons are duly listed as available or designated as "emergency interim successors."
(5)
Qualifications. No person shall be designated or serve as an "emergency interim successor" unless he may under the constitution and statutes of this state and the charter or laws of this county, hold the office of the person to whose powers and duties he is designated to succeed. No provision of the charter of Montgomery County or any local law prohibiting an officer or an employee of this county from holding another office shall be applicable to any "emergency interim successor." No person shall be designated as an "emergency interim successor" to the powers and duties of any appointed official of the executive branch of the county government unless such person is a regular employee or official of the same department, office or agency as the official to whose powers and duties he is designated to succeed; provided, that this restriction shall not apply to "emergency interim successors" to the powers and duties of the chief administrative officer.
(6)
Status of "Emergency Interim Successor." A person designated as an "emergency interim successor" holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as "emergency interim successor" until replaced by another appointed by the authorized designator.
(c)
Assumption of powers and duties by "emergency interim successors." In the event that any incumbent named in paragraphs (2) and (3) of subsection (b) of this section and any duly authorized deputy is unavailable during a proclaimed state of public emergency, his "emergency interim successor" highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint "emergency interim successors," exercise the powers and discharge the duties of such incumbent. All "emergency interim successors" shall exercise these powers and discharge these duties only until such time as the lawful incumbent or any duly authorized deputy or "emergency interim successor" higher in rank in order of succession exercises or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
(d)
Filing of order of succession. The name, address and rank in order of succession of each duly authorized deputy shall be filed with the county council and each designation, replacement, or change in order of succession of an "emergency interim successor" shall become effective when the designator files with the county council the successor's name, address and rank in order of succession. Data regarding duly authorized deputies and "emergency interim successors" shall be kept on file and shall be open to public inspection.
(e)
Formalities of taking office. At the time of their designation, "emergency interim successors" shall take such oath and so such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
(f)
Suspension of charter provisions. A proclamation of a state of public emergency under section 2-17(b)(1) suspends the following provisions of the County charter:
(1)
section 102, except for the provision that establishes the number of councilmembers and the provisions that each member shall be a qualified voter of Montgomery County; and
(2)
the provision of section 308 requiring that each emergency appropriation shall specify the revenues necessary to finance it.
(g)
Voting requirements. In the event of a proclamation of a state of public emergency where the affirmative vote of a specified number or proportion of members of the county council for approval of an act, ordinance, or resolution would otherwise be required, the same proportion of those voting thereon shall be sufficient.
(h)
Prior publication notice and public hearing. In the event of a proclamation of a state of public emergency those charter and statutory provisions requiring prior publication, public notice or public hearings for the enactment of legislation or for the performance of official acts are suspended. Such notice or publication shall be accomplished as soon as practicable following the enactment of the legislation or the performance of the official act. In no event shall such notice or publication be delayed more than a reasonable time following the end of a state of public emergency.
Montgomery County, Md., Code § 2-19 (2026)
Sec. 2-19. Authority to provide legal assistance to indigent defendants.LinkCopy Citation
The county council is hereby authorized to adopt ordinances to effect the establishment of a commission, board, agency or department-level organization to provide the necessary personnel, services, and liaison with other state and county organizations, both public and private, in order to assure adequate legal assistance to indigent defendants in criminal matters before the courts of the county.
Montgomery County, Md., Code § 2-20 (2026)
Sec. 2-20. Power to subpoena witnesses and administer oaths.LinkCopy Citation
(a)
The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.
(b)
All council subpoenas shall be executed by the council president or a duly authorized designee and may be served by the sheriff of the county or any person who could lawfully serve a subpoena in a civil case.
(c)
Failure to comply with a subpoena duly issued under this section shall be a misdemeanor and any person, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or sentenced to not more than six (6) months in jail, or both; in addition thereto, the county may institute injunctions, mandamus or any other appropriate actions or proceeding of law or in equity to require compliance with a subpoena duly issued under this section.
Montgomery County, Md., Code § 2-21 (2026)
Sec. 2-21. Soil erosion.LinkCopy Citation
The county council is hereby authorized to adopt, from time to time, after reasonable notice and opportunity for public hearing and with or without modifications, ordinances and amendments thereof, for the protection and promotion of public safety, health, morals, comfort and welfare, relating to the control of problems of soil erosion and to the preservation of the natural topography in newly developed and other areas. Such ordinances shall contain reasonable standards and may include provisions for the administration and enforcement of such standards, including bonds, permits, licenses and appropriate fees therefor, approval of plats for proposed subdivisions, reports, inspection of premises necessary for such administration and enforcement and provisions providing penalties for the violation of such standards. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. Such ordinances shall be adopted in accordance with the procedure prescribed in section 2-105 of this Code.
Montgomery County, Md., Code § 2-22 (2026)
Sec. 2-22. Firearm regulations.LinkCopy Citation
(a)
The council is hereby authorized to adopt and amend by ordinance such regulations concerning the sale, carrying and use of firearms and other dangerous weapons within the county or parts thereof as it shall deem necessary to promote the public safety, morals and welfare.
(b)
Any ordinance adopted pursuant to the authority of this section shall be adopted in accordance with procedures prescribed in section 2-97.
Montgomery County, Md., Code § 2-23 (2026)
Sec. 2-23. Regulation of obstructions on public property.LinkCopy Citation
The council is hereby authorized to adopt and amend by law, whenever it shall deem the same necessary to promote the public safety and welfare, regulations concerning the obstructing or the placing upon the surface of public sidewalks, streets, curbs, gutters and other public rights-of-way, any objects for the purpose of display, advertisement, sale, rent or related purposes.
Article Iii. Executive Branch.
Division 1. Generally.
Montgomery County, Md., Code § 2-24 (2026)
Sec. 2-24. District of Columbia Water and Sewer Authority-County Representatives.LinkCopy Citation
The County Executive, subject to confirmation by the County Council, must recommend to the Mayor of the District of Columbia one or more persons to serve as members of the Board of Directors of the District of Columbia Water and Sewer Authority, or any successor or substitute body appointed by the Mayor, and one or more other persons to serve as alternate members of that Board. If any other body is created by federal, state, or District of Columbia law to perform any function related to the Blue Plains Wastewater Treatment Plant, any successor facility, or any other part of the metropolitan area water and sewer system in which the County participates, the Executive, subject to confirmation by the Council, must appoint all representatives or members to which the County is entitled. The persons recommended or appointed may, but need not, be officers or employees of the County.
Montgomery County, Md., Code § 2-25 (2026)
Sec. 2-25. Planning implementation.LinkCopy Citation
(a)
Generally. The planning implementation purposes of the Office of the County Executive are to:
(1)
Implement the land use planning powers granted to the County Executive by State and County legislation;
(2)
Coordinate and facilitate the development of executive branch planning policies, thereby ensuring consistency and responsiveness; and
(3)
Promote an understanding of executive planning policies by County residents and other County public officials.
(b)
Duties. The Office of the County Executive has the following planning implementation functions:
(1)
Recommend planning policies to the County Executive;
(2)
Develop and implement procedures for participation by the executive branch in the preparation of master plan amendments, and for reviewing, analyzing and commenting on draft master plan amendments before these amendments are transmitted to the County Council;
(3)
(A)
Review and make recommendations to the County Executive on amendments to the zoning ordinance and subdivision regulations;
(B)
Recommend approval or disapproval of subdivision regulation amendments after Council action;
(4)
(A)
Review the Planning Board's draft growth policy and recommend revisions to the Executive;
(B)
Coordinate the use of information in this draft with the formulation of capital improvements program recommendations;
(C)
Draft comments on the Planning Board's proposed growth policy for submission to the County Council;
(5)
Recommend criteria for adequacy of public facilities, and coordinate Executive recommendations to the Planning Board on whether public facilities are adequate for each preliminary subdivision plan considered by the Board;
(6)
Provide leadership and staff support to the planning policies committee;
(7)
Facilitate interagency analysis of planning policy issues and documents, and ensure that the perspectives of all executive branch agencies are considered in the formulation of planning policies;
(8)
Ensure that executive branch planning policies incorporate community views;
(9)
Facilitate communication with the Planning Board, the Council, and the municipalities on planning policies; and
(10)
Such other planning policy functions and responsibilities as the County Executive directs.
(c)
Coordination of master-planned development. The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the development coordinator for each planning area for which a newly revised master or sector plan has authorized intensive new development or redevelopment. Among other duties, the Coordinator must:
(1)
coordinate the financing and development of County infrastructure in that planning area;
(2)
advise the Executive, the Council, the Chief administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that planning area;
(3)
serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that planning area and the developer of any development located in that planning area;
(4)
acquire and distribute mode share measurements (and related data and methodology) and results for monitoring of a master or sector plan, and make that information publicly available; and
(5)
advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that planning area.
Division 1A. Office of the County Executive.
Montgomery County, Md., Code § 2-25A (2026)
Sec. 2-25A. Office of Internal Audit — Functions.LinkCopy Citation
The Office of Internal Audit is part of the Office of the County Executive. The Office of Internal Audit must conduct its work in accordance with professional standards relevant to internal audit.
(a)
Duties. The Office must:
(1)
must periodically conduct a risk analysis, to identify areas of risk in accountability systems;
(2)
based on the risk analysis, conduct fiscal, contract, compliance, internal control, performance, and information system audits, and attestation engagements;
(3)
undertake investigative audits and audits required by law;
(4)
provide advice to County departments and offices on internal control issues;
(5)
communicate actions necessary to enhance accountability; and
(6)
conduct other investigations and audits as directed by the Chief Administrative Officer.
(b)
Annual work plan. The Office must create an annual workplan subject to the approval of the Chief Administrative Officer. The workplan must include the risk analyses and audits required under subsection (a). The Chief Administrative Officer must submit the annual work plan to the Council for review and comment on or before each June 1.
(c)
Annual report. The Office must submit a report to the Inspector General on or before each September 15. The report must include the Executive’s implementation of each written recommendation:
(1)
made by the Inspector General in the previous fiscal year;
(2)
made by the Office in the previous fiscal year; and
(3)
identified by the Office of Legislative Oversight for action by the Executive in the previous fiscal year.
Montgomery County, Md., Code § 2-25B (2026)
Sec. 2-25B. Business Advancement Team.LinkCopy Citation
(a)
Definitions. As used in this Section:
Team means the Business Advancement Team.
Navigator means the Small Business Navigator designated by the Executive under subsection (c).
Small business means a privately owned business that meets the requirements of Section 11B-65(a).
(b)
Establishment of Team. The Executive must create and administer a Business Advancement Team that includes a Small Business Navigator. The Team must be part of the Office of the County Executive.
(c)
Small Business Navigator. The Executive must designate an employee as the Small Business Navigator. Among other duties, the Navigator must:
(1)
advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to assist small businesses to comply with County requirements and regulations;
(2)
promote communications between a small business and each County department or agency that the small business must interact with;
(3)
develop and maintain a database of information necessary for a small business to comply with County requirements and regulations;
(4)
advise small businesses on how to comply with County requirements and regulations; and
(5)
identify changes to regulations and requirements that would improve turnaround, eliminate duplication, resolve conflicts in authority, and eliminate unnecessary regulations and requirements.
(d)
Additional duties for the Team. In addition to the duties of the Small Business Navigator described in subsection (c), the Team must:
(1)
provide constituent services for businesses operating in the County or planning to operate in the County, including:
(A)
communicating about new and revised County laws and regulations affecting County businesses;
(B)
outreach;
(C)
providing publications on County policies;
(D)
operating workshops and conferences;
(E)
convening targeted business events;
(F)
providing oversight and leadership on business programs including:
(i)
incubator management;
(ii)
economic development incentives and financing programs;
(iii)
business development projects; and
(iv)
other business-related special initiatives;
(2)
serve as a point of contact for County businesses seeking to comply with County requirements and regulations; and
(3)
assist County businesses to interact with other State, County, and local government agencies.
(e)
Reports. On or before September 15 of each year, the Executive must report to the Council on the activities and recommendations of the Team.
Montgomery County, Md., Code § 2-25C (2026)
Sec. 2-25C. Director of County Climate Policy.LinkCopy Citation
The Executive must designate an employee as the Director of County Climate Policy. Among other duties, the Director must:
(a)
advise the Executive, the Council, the Office of Sustainability in the Department of Environmental Protection, the Office of Energy and Sustainability in the Department of General Services, the Department of Transportation, and any other appropriate government agency, on the best means to achieve climate goals as defined by the Director;
(b)
promote coordination between the Office of Sustainability, the Office of Energy and Sustainability, the Department of Transportation, and the employee designated under Section 18A-10(a) to provide executive direction regarding energy policy and planning;
(c)
coordinate climate efforts with County agencies including the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Montgomery County Public Schools, and Montgomery Community College;
(d)
promote coordination of climate efforts between the County, County agencies, state and federal agencies, and appropriate non-governmental organizations;
(e)
coordinate the development of public awareness programs to encourage residents, businesses, and other groups to participate in the County’s climate goals, including the reduction of greenhouse gas emissions; and
(f)
recommend legislation to the County Executive and County Council necessary to achieve climate goals.
Montgomery County, Md., Code § 2-25D (2026)
Sec. 2-25D. Office of Labor Relations.LinkCopy Citation
(a)
The Office of Labor Relations is part of the Office of the County Executive. The Office is headed by the Chief Labor Relations Officer.
(b)
The Office must:
(1)
formulate and implement the County’s labor and employee relations policies;
(2)
serve as the employer’s representative in collective bargaining, including any impasse or interest arbitration;
(3)
serve as the employer’s representative in all matters before the Permanent Umpire and the Labor Relations Administrator, including prohibited practice charges;
(4)
advise employees, managers, and supervisors on labor and employee relations matters, including implementation of collective bargaining agreements and the personnel regulations; and
(5)
process grievances arising under a collective bargaining agreement or the personnel regulations.
Sec. 4. Budgeting and Reduction-In-Force. The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.
Montgomery County, Md., Code § 2-26 (2026)
Sec. 2-26. Non-merit positions.LinkCopy Citation
The following positions in the Office of the County Executive are non-merit positions:
(a)
5 Directors of the Regional Services Centers;
(b)
Director, Office of Community Partnerships;
(c)
Director of Strategic Partnerships;
(d)
4 Assistant Chief Administrative Officers;
(e)
2 Special Projects Managers; and
(f)
Chief Labor Relations Officer.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(a)
that employee retains all merit system rights; and
(b)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Division 2. Department of Housing and Community Affairs.
Montgomery County, Md., Code § 2-27 (2026)
Sec. 2-27. Functions and organization.LinkCopy Citation
(a)
Generally. The Department of Housing and Community Affairs has the following functions:
(1)
Affordable housing programs.
(2)
Community development programs.
(A)
Urban renewal and community development projects.
(B)
Relocation services for families and businesses displaced by governmental actions.
(3)
Housing standards enforcement, and related activities.
(4)
Landlord-tenant relations.
(5)
Common ownership community relations.
(6)
Other functions designated by law.
(b)
Non-merit position. The position of Deputy Director is a non-merit position.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
Montgomery County, Md., Code § 2-27A (2026)
Sec. 2-27A. Procedures to monitor, review and coordinate the county housing and development authorization process.LinkCopy Citation
(a)
Purpose. It is the purpose of this section to provide for:
(1)
A continuing review and analysis of the housing and development authorization process whereby the respective standards, codes, permitting procedures and other regulatory requirements associated with housing construction and rehabilitation and with commercial and industrial development may be identified; public health, safety, aesthetic, environmental and other social or economic benefits of such requirements estimated; and economic costs in time and dollars for regulation of various types of construction and development similarly estimated;
(2)
An assessment of the economic and fiscal impacts of all new and revised regulatory requirements proposed for application to the housing and development process;
(3)
A review by the County Executive of the relative benefits and costs associated with regulatory requirements identified and analyzed;
(4)
A continuing and systematic exchange of ideas, criticisms and recommendations for improvement in regulatory machinery between the County agencies involved in the regulation of construction and development and organizations representing the concerned parts of the private sector in the County;
(5)
Formulation of proposed improvements to the building permit and authorization process in order to decrease the time required for approvals;
(6)
In accord with the County's economic development policies, an ombudsman and facilitator function to serve new business considering location within the County as well as expediting individual permit applications;
(7)
Submittal by the County Executive of periodic and special reports on the foregoing to the County Council and the public; and
(8)
Assignment of appropriate organizational responsibilities to implement these objectives.
(b)
Cost-benefit analyses of regulatory requirements.
(1)
The County Executive shall establish procedures for analyzing and assessing the relative benefits and costs associated with major elements of the development authorization and regulatory processes as they apply to residential, commercial and industrial construction and development with attention to new construction and rehabilitation. Such elements shall include but not be limited to:
a. Construction codes, especially those provisions that represent a more strict or stringent requirement than the relevant national code;
b. Fire safety requirements;
c. Road and street specifications for subdivision formation and site development;
d. Housing and other occupancy codes, permits and requirements; and
e. Sedimentation and soil erosion requirements.
(2)
In conducting these cost-benefit analyses, consideration must be given to the publications, views, and assessments of:
a. The responsible County agencies, including the Departments of Fire and Rescue Services, Permitting Services, and Environmental Protection, Park and Planning Commission, and Soil Conservation District;
b. Local, state and national safety and environmental standards, and similar organizations and groups, especially results of research and studies that quantify benefits to health, safety, aesthetic and other quality of life values; and
c. Findings, assessments and views of the County's business community.
(3)
Based upon the foregoing reviews and analyses, the County Executive from time to time shall initiate such changes as would bring costs and benefits into the most advantageous and balanced relationship in light of environmental, health and safety and economic development objectives of the County. Subsequent to public notice and hearing, the County Executive shall initiate the appropriate changes through administrative action, excluding fire safety and construction codes; he shall submit proposed legislation to the County Council or initiate recommendations to any other state, federal or other bodies or agencies about appropriate legislative or administrative action.
(c)
Economic impact of proposed new regulatory requirements.
(1)
Upon receipt of any proposal for new or reduced requirements to be added to the development and authorization process, the County Executive must obtain from the Director of Housing and Community Affairs, or another nonregulatory organizational unit or official to whom the County Executive assigns the responsibility, an assessment of the impact of the proposed change in requirements on the County economy, including the extent of added or decreased time or cost to construction or development, the extent of likely pass-through costs or economies to consumers, and the effect on the economic development objectives of the County.
(2)
The County Executive shall balance the relative benefits and costs of the proposed change in requirements along with other relevant factors in arriving at a decision. Recommended legislation calling for new or reduced requirements shall be accompanied by cost-benefit analyses in its submittal to the County Council.
(d)
Simplifying and streamlining the development process.
(1)
The Director of Housing and Community Affairs must recommend ways to improve the development authorization process, including the possible conduct of certain phases of the process in parallel instead of in sequence, with the objective of reducing time and other costs imposed on housing and development. The Director must submit these proposals to the Departments of Environmental Protection, Permitting Services, and Fire and Rescue Services, the Park and Planning Commission, the County Executive, or other appropriate agencies for response.
(2)
The Director shall, in consultation with the above mentioned County agencies, issue, maintain and update a manual for use by the business community describing the steps in the development authorization process. This manual shall include the requirements associated with the subdivision review process as compiled by the Montgomery County Planning Board.
(3)
The Director shall convene conferences between the County business community and the County regulatory agencies for purposes of identifying problems and possible improvements in the development authorization process.
(4)
In order that County government agencies, municipal and state agencies, the business community and the general public be kept informed of current anticipated regulatory changes, the Director shall publish twice annually an agenda of scheduled reviews or revisions of existing or proposed new regulations associated with housing, industrial, commercial and community development.
(5)
The Director shall develop a system for tracking development proposals through the entire authorization process, including subdivision review, construction permitting and occupancy permitting and shall take, or recommend the taking of, appropriate steps to implement such a system.
(e)
Ombudsman and expediter functions. The County Executive must designate an organization unit or official with responsibility for serving as an ombudsman and expediter on behalf of builders, developers and other business enterprises with regard to the development authorization process. The designated ombudsman may be filled by a non-merit position in the Office of the County Executive. The ombudsman may perform such activities as:
(1)
Representing the County Executive in obtaining the cooperation of County, bi-County, and state agencies in expediting permit applications;
(2)
Expediting individual permit applications in accord with the County's economic development policies. This may include at the request of the applicant and as an initial step in the entire development process, the convening of representatives of all offices and departments of the County, public agencies, boards and commissions likely to require public takings, construction or extension of public facilities, dedications or easements, for the purpose of ascertaining the general scope and nature of such public requirements;
(3)
Conferring with agency liaison staffs and developers and builders to facilitate understanding of responsibilities and to eliminate processing obstacles.
(f)
Annual report. As part of the annual report of the Department of Housing and Community Affairs to the County Executive and County Council, the Department must describe activities conducted, accomplishments achieved, and difficulties encountered in carrying out the objectives of subsection (d) and such other tasks as may be assigned to the Department.
Division 3. Department of Corrections and Rehabilitation.
Montgomery County, Md., Code § 2-28 (2026)
Sec. 2-28. Functions.LinkCopy Citation
The department of correction and rehabilitation shall operate all programs pertaining to detention and rehabilitation of persons under the jurisdiction of the county government awaiting trial or having been convicted of a crime in violation of state, federal, county or other local laws.
Division 4. Department of Environmental Protection.
Montgomery County, Md., Code § 2-29 (2026)
Sec. 2-29. Functions.LinkCopy Citation
The Department of Environmental Protection must:
(a)
protect, preserve, and enhance the environmental resources of the County, including environmental planning, design, and development of disposal sites and facilities for public sewerage;
(b)
develop programs and administer laws and regulations:
(1)
to promote energy conservation; and
(2)
to prevent or control air, water, and land pollution;
(c)
develop programs and administer laws and regulations necessary to protect the public health and environmental quality;
(d)
plan, design, develop, and manage solid waste facilities and programs, including collection, disposal, recycling, and waste reduction programs, and administer related licensing and regulatory programs and activities; and
(e)
perform other environmental protection functions as directed by the County Executive.
Montgomery County, Md., Code § 2-29A (2026)
Sec. 2-29A. Non-merit position.LinkCopy Citation
The position of Deputy Director in the Department of Environmental Protection is a non-merit position.
Division 5. DEPARTMENT OF GENERAL SERVICES.
Montgomery County, Md., Code § 2-30 (2026)
Sec. 2-30. Department of General Services — Functions.LinkCopy Citation
(a)
Generally. The Department of General Services must:
(1)
acquire and dispose of real property, except real property used (or intended to be used) for right-of-way governed under Chapter 49, including roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkway systems;
(2)
design and build County buildings, including public parking facilities under Chapter 60;
(3)
maintain County vehicles, including heavy and light equipment and transit equipment;
(4)
remodel and renovate County buildings, except public parking facilities under Chapter 60, which remain open during the remodeling or renovation;
(5)
repair and maintain County buildings, except public parking facilities under Chapter 60;
(6)
manage County property and identify and acquire real property needed for the operation of County government;
(7)
plan and implement the use of space in County buildings; and
(8)
operate mail, printing, duplication, and archiving services.
(b)
Non-merit position. The position of Deputy Director is a non-merit position.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.
Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.
Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues inn effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Sec. 4. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Economic Development in connection with the Small Business Reserve Program is transferred to the Department of General Services.
Montgomery County, Md., Code § 2-31—2-39 (2026)
Secs. 2-31—2-39. Reserved.LinkCopy Citation
Division 5A. Montgomery County Fire and Rescue System.
Montgomery County, Md., Code § 2-39A (2026)
Sec. 2-39A. Structure.LinkCopy Citation
(a)
Public-private partnership. The Montgomery County fire and rescue system is a public-private partnership, acting through the Montgomery County Fire and Rescue Service, with the advice of the Fire and Rescue Commission.
(b)
Department of County government. The Montgomery County Fire and Rescue Service is a department of County government under the County Charter. The Fire Chief is Director of the Department. The Department consists of a Division of Volunteer Services, a Division of Fire and Rescue Operations, and any other divisions necessary for effective management and administration of the Department.
(c)
Local Fire and Rescue Departments. The local fire and rescue departments and their volunteer members are an essential element of the Montgomery County Fire and Rescue Service because under Chapter 21 they furnish direct fire, rescue, and emergency medical services in conjunction with County employees in the Fire and Rescue Service.
(d)
Duties. The Montgomery County Fire and Rescue Service has the duties and responsibilities assigned in Chapter 21 and Chapter 22, in addition to any other duties assigned by law or by the County Executive.
Division 6. Reserved.
Montgomery County, Md., Code § 2-40-2-41B (2026)
Secs. 2-40-2-41B. Reserved.LinkCopy Citation
Division 7. Health Officer.
Montgomery County, Md., Code § 2-42 (2026)
Sec. 2-42. Health officer.LinkCopy Citation
The County Health Officer:
(1)
has the functions assigned by State law; and
(2)
must be a licensed physician.
Division 7A. Department of Health and Human Services.
Montgomery County, Md., Code § 2-42A (2026)
Sec. 2-42A. Functions, powers, and duties.LinkCopy Citation
(a)
Generally. The Department is responsible for providing a single integrated system for the provision of health and human services with other public and private agencies that provide health and human services in the County. Department services are supportive services that provide the basic necessities, such as food, clothing, and shelter to people, and those services that directly serve and protect the health, mental health, economic well-being, and social functioning of individuals and families. The Department administers programs and provides services in the areas of:
(1)
individual and community health services;
(2)
public health services; and
(3)
human services to clients.
(b)
Non-merit positions. The Department has 5 senior level management positions that are non-merit positions. These positions consist of a chief of Public Health Services; a chief of Services to End and Prevent Homelessness; a chief of Aging and Disability Services; a chief of Behavioral Health and Crisis Services; and a chief of Children, Youth, and Family Services. The chief of Public Health Services also serves as the Deputy Health Officer.
(c)
Powers of the Department. The Department may:
(1)
administer contracts for services;
(2)
plan, develop and administer programs;
(3)
advise the Council and the County Executive;
(4)
collect data on the health status of County residents, including health disparities and inequities, and on the need for services and the effectiveness of programs;
(5)
collect fees;
(6)
enforce regulations;
(7)
engage in programs in cooperation with agencies of the State, the County, other political subdivisions and with private groups;
(8)
enter into agreements in order to carry out its duties.
(9)
provide information;
(10)
maintain vital and case records;
(11)
provide consultation;
(12)
provide services;
(13)
provide training;
(14)
operate laboratories;
(15)
conduct studies and investigations;
(16)
provide direct access to health care;
(17)
administer programs to reduce disparities in access to health care, preventive health services, and human services based on gender, race, ethnicity, and poverty;
(18)
provide health education and promotion programs; and
(19)
carry out any other functions that are necessary to achieve the purposes of this Section.
(d)
Duties of the Department.
(1)
The Department provides comprehensive health and human services planning and program evaluation.
(2)
The Department must carry out functions as authorized and directed by:
(A)
the County Executive,
(B)
the County Board of Health; and
(C)
State and County laws and regulations.
(3)
The Department provides staff support to:
(A)
the Commission on Children and Youth;
(B)
the Commission on Aging;
(C)
the Community Action Board;
(D)
the Commission on Child Care;
(E)
the Commission on People with Disabilities;
(F)
the Alcohol and Other Drug Addiction Advisory Council;
(G)
the Mental Health Advisory Committee;
(H)
the Commission on Juvenile Justice;
(I)
the Commission on Health;
(J)
the Board of Social Services;
(K)
the Adult Public Guardianship Review Board;
(L)
the Victim Services Advisory Board;
(M)
the Advisory Board for the Montgomery Cares Program;
(N)
the Early Childhood Coordinating Council;
(O)
the Interagency Commission on Homelessness;
(P)
the Commission on Veteran Affairs; and
(Q)
any program created to achieve health equity among County residents.
(e)
Fees of services.
(1)
The County Executive may set fees by regulation under method (3) for use of a service that the Department provides.
(2)
The fee must not exceed the cost of the service provided.
(3)
The Director may waive a fee if:
(A)
the Director decides the waiver would promote the purposes of this Section; and
(B)
the client cannot afford to pay the fee.
Division 7B. Department of Permitting Services.
Montgomery County, Md., Code § 2-42B (2026)
Sec. 2-42B. Functions; Advisory Committee.LinkCopy Citation
(a)
Functions. The Department of Permitting Services is responsible for:
(1)
reviewing building plans and specifications, building permits, occupancy permits, and licensing facilities for compliance with fire prevention law. In exercising these functions, the Director of Permitting Services may consult with the Fire Chief in all matters involving the interpretation, application, or revision of fire prevention laws and codes.
(2)
code enforcement, inspection, and licenses (except where those functions are assigned by law to another department or agency), including:
(A)
administering, interpreting, and enforcing the zoning law and other land use laws and regulations;
(B)
administering, interpreting, and enforcing construction codes, and laws and regulations governing sediment control, stormwater management, floodplain management, special protection areas, and pond and excavation safety;
(C)
issuing building, electrical, fire alarm, fire protection system, mechanical, stormwater discharge, and on-site water supply and sewage disposal permits;
(D)
administering and enforcing agricultural preservation and historic resources laws and regulations; and
(E)
administering and enforcing the fire safety code, pursuant to § 22-6(d).
(b)
Advisory Committee.
(1)
The County Executive must appoint, subject to confirmation by the Council, an Advisory Committee for the Department. The Committee consists of 11 voting members and 6 ex-officio, non-voting members. Each voting member must be appointed for a 3-year term and serves until a successor is confirmed. The Executive must from time to time designate one voting member as chair and one as vice-chair.
(2)
Of the 11 voting members:
(A)
5 must be members of the regional service center advisory boards, with one member from each center’s board;
(B)
2 must be active members of civic organizations in the County;
(C)
2 must be active members of environmental organizations in the County; and
(D)
2 must be active in land development or related professions.
(3)
The ex-officio, non-voting members must be nominated respectively by the Director of Environmental Protection, the Director of Housing and Community Affairs, the Director of Transportation, the Fire Chief, the Planning Board, and the Washington Suburban Sanitary Commission.
(4)
The Committee must advise the Department on the performance of its functions and recommend to the Director, the Executive, and the Council any steps necessary to improve the Department’s performance. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 4 times a year. Section 2-148(c) does not apply to ex-officio members. The Director must assign staff as the Committee needs to perform its duties.
(a)
Regulations. Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
(b)
Responsibilities and rights. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services.
Division 8. Department of Police.
Montgomery County, Md., Code § 2-43 (2026)
Sec. 2-43. Organization and functions.LinkCopy Citation
(a)
The Department of Police includes the County police and the Office of County Security. The Department has the authority, functions and activities prescribed by law.
(b)
The Department has five non-merit positions: four Assistant Chief of Police (Sworn) positions and one Assistant Chief of Police (Civilian) position.
(c)
Any reference in this Code or in regulation or other document to “superintendent of police” or “superintendent” means “Executive Director of Police,” or “Chief of Police,” or “Executive Director”.
Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major. Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.
Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.
Division 9. Department of Public Libraries.
Montgomery County, Md., Code § 2-44 (2026)
Sec. 2-44. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-45 (2026)
Sec. 2-45. Powers, duties and functions.LinkCopy Citation
The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide.
Montgomery County, Md., Code § 2-46 (2026)
Sec. 2-46. Library board-Established; composition; term of members.LinkCopy Citation
There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term.
Montgomery County, Md., Code § 2-47 (2026)
Sec. 2-47. Same-Powers and duties generally; recommendations.LinkCopy Citation
The library board shall have authority on its own motion, or on reference from the county executive, to inquire into matters affecting the county public library system including the acquisition and location of new library facilities, the adequacy of book collections, services to outlying districts and personnel needs of the department of libraries, and to make recommendations thereon to the county executive.
Montgomery County, Md., Code § 2-48 (2026)
Sec. 2-48. Same-Election of chairman, etc.; adoption of bylaws.LinkCopy Citation
The library board is authorized to elect a chairman and other officers, to establish such committees of its members, and to adopt such bylaws for the conduct of its affairs as it deems advisable.
Montgomery County, Md., Code § 2-49 (2026)
Sec. 2-49. Library Board-Compensation of members; meetings.LinkCopy Citation
The members of the library board serve without compensation. The board meets as often as its members deem necessary.
Montgomery County, Md., Code § 2-50 (2026)
Sec. 2-50. Same-Services and facilities.LinkCopy Citation
The chief administrative officer is authorized to make available to the library board such services and facilities of the county government as may be necessary to carry out its functions.
Montgomery County, Md., Code § 2-51 (2026)
Sec. 2-51. Library Board-Local advisory committees.LinkCopy Citation
The library board may designate, from among the residents of each area in which a branch library or station has been located, a local advisory committee of not less than 3 members, to consult with and make recommendations to the library board concerning local library needs. A local advisory committee may make recommendations to the county executive for filling vacancies on the library board and to the library board concerning the construction of new library buildings in the area which the committee represents. A member of a local advisory committee is appointed for a term of 3 years; in an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.
Montgomery County, Md., Code § 2-52 (2026)
Sec. 2-52. Transfer of facilities of existing libraries to county.LinkCopy Citation
(a)
Under the direction of the county executive, the director of the department of public libraries is hereby authorized and directed to negotiate with properly authorized representatives of the governing bodies of all public libraries or subscription libraries existing in the county or the governing bodies of any incorporated municipality within the county which operates, owns or supports, in whole or in part, a public library as of the effective date of this article for the transfer to the county, upon such terms and conditions as may be agreed upon, of all book collections, equipment and other facilities or property including land and buildings which such governing bodies may desire to transfer into the county public library system. The director is directed, at the request of such governing body, to include among such terms and conditions the following:
(1)
Warranties to any such governing body that library facilities at least equivalent in value to the facilities and property transferred into the county system by any governing body will be made available by the county in the form of library facilities and services to the particular area represented by such governing body, and
(2)
Provisions that any such governing body holding in trust cash, securities or any other evidences of indebtedness or unimproved real property acquired from proceeds of taxes levied for a library special taxing area may retain such cash, evidences of indebtedness and property for use in making available, at such times as there has been placed in operation a library building adequate to serve the council district in which located, such additional library facilities as such governing body in its discretion determines to be suitable and as may be approved by the director.
(b)
After the terms and conditions of transfer of any such facilities and property have been agreed upon, the county executive is hereby authorized to accept, on behalf of the county, the transfer of such facilities and property to the county effective on the first day of July next following. The conveyance of title to the county of any property pursuant to the provisions of this article shall be evidenced by a written contract or agreement approved by the county attorney.
Montgomery County, Md., Code § 2-53 (2026)
Sec. 2-53. Annual payment of county library tax to certain municipalities.LinkCopy Citation
(a)
If the governing body of any municipality in the County which supports or operates a free public library on December 31, 1997 does not transfer that library into the County system, the Director of Finance must pay annually to the governing body of that municipality for library purposes, as soon after the beginning of each fiscal year as possible:
(1)
an amount which would be realized if that portion of the general County ad valorem tax rate on real and personal property attributable to the appropriation for the Department of Public Libraries for that fiscal year were levied against the assessed value, on the preceding County date of finality, of the real and personal property in that municipality; or
(2)
a lower amount approved in the annual operating budget or a Council resolution.
For the purposes of this subsection, the amount of the appropriation for the Department of Public Libraries in any fiscal year includes the estimated amount of the payment to that municipality in that fiscal year. The amount of payment to any municipality must not exceed in any given fiscal year the amount of revenue derived from taxes levied by that municipality for library purposes for the preceding fiscal year.
(b)
If the governing body of a library supported by a municipality indicates a desire to transfer all or part of the library facilities owned by it into the County public library system, the Director of Public Libraries must negotiate for that transfer as provided in this Article.
Montgomery County, Md., Code § 2-54 (2026)
Sec. 2-54. Adoption of administrative rules.LinkCopy Citation
The director, with the approval of the library board, shall have authority to adopt such administrative rules, including provision for library fines, as may be necessary for the conduct of the central book depository and the several branches, stations and bookmobiles.
Division 10. DEPARTMENT OF TRANSPORTATION.
Montgomery County, Md., Code § 2-55 (2026)
Sec. 2-55. Functions.LinkCopy Citation
The Department of Transportation must:
(a)
furnish information and make recommendations to the Planning Board regarding the feasibility of implementing transportation aspects of master plans;
(b)
coordinate and cooperate with other bodies and agencies regarding transportation;
(c)
develop programs to implement transportation elements of the County general plan and area master plans;
(d)
control, supervise, engineer, design, construct, operate, and maintain roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkways, and related facilities benefitting the County, including services relating to street cleaning, trees, plantings, and leaf collection;
(e)
perform all public transportation engineering and operational functions, including:
(1)
mass transit;
(2)
bus service;
(3)
taxicabs;
(4)
commuter rail service;
(5)
limousine service;
(6)
airparks, landing fields, and related functions; and
(7)
transportation demand management, including:
(A)
programs;
(B)
approval, management, or amendment of new and existing:
(i)
traffic mitigation agreements;
(ii)
transportation demand management plans; and
(iii)
other plans related to transportation demand management required under Chapter 50 or Chapter 59;
(f)
review and approve transportation elements of development plans, including storm drainage and paving plans; grade establishment plans; utility plans; pre-preliminary, preliminary and site plans; and construction permits for any work in public space;
(g)
acquire and dispose of real property used (or intended to be used) for roads, streets, highways, bridges, culverts, storm drainage systems, and related facilities; and
(h)
operate and maintain public parking facilities under Chapter 60; enforce parking regulations; manage the parking enterprise fund under Chapter 60, and remodel, restore, and renovate public parking facilities under Chapter 60 that will remain open during the work.
Sec. 3. Any responsibility or right granted by law, ordinance, regulation, contract, or other document to the Department of Transportation or to the Department of Facilities and Services is transferred to the Department of Public Works and Transportation.
Sec. 4. Any regulation in effect on the effective date of this Act that implements a function transferred to the Department of Public Works and Transportation Section 1 of this Act continues in effect, but any reference in any regulations to the Department of Transportation or to the Department of Facilities and Services must be treated as referring to the Department of Public Works and Transportation. The transfer of a function under this Act does not affect the rights of a party to any legal proceeding begun before this Act took effect.
Sec. 5. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and to the Director of that Department are reassigned to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively. Any reference in that Plan to the Department of Environmental Protection and to the Director of that Department must be treated as referring to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively."
Montgomery County, Md., Code § 2-56 (2026)
Sec. 2-56. Non-merit positions.LinkCopy Citation
The following positions in the Department of Transportation are non-merit positions:
(a)
Deputy Director of Operations;
(b)
Transportation Policy Officer; and
(c)
General Manager, Transit Services.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(a)
that employee retains all merit system rights; and
(b)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Montgomery County, Md., Code § 2-57 (2026)
Sec. 2-57. Bus Advertising.LinkCopy Citation
(a)
The Chief Administrative Officer must issue a request for proposals for a contractor to sell, affix, maintain, and replace exterior and interior advertisements on and in public transit buses owned or operated by the Department of Transportation.
(b)
The contract must allow advertisements to be placed on all public transit buses owned or operated by the Department. A contract must be executed and advertising must begin within 6 months after a request is issued.
(c)
Only commercial advertisements, or County government notices that inform the public of a County program or service, may be placed on or in public transit buses owned or operated by the Department. County notices must comprise at least 10% of all exterior advertising space and 20% of all interior advertising space.
(d)
An advertisement or notice must not:
(1)
exceed 50 square feet; or
(2)
cover a window of any bus.
(e)
All revenue derived from bus advertising must be deposited in the Mass Transit Facilities Fund.
Montgomery County, Md., Code § 2-57A.* (2026)
Sec. 2-57A.* Fees and Charges.LinkCopy Citation
All fees, charges, and fares for any transportation or transportation-related service or product provided by the Department must be set by Council resolution adopted after a public hearing and approved by the Executive, unless any law expressly requires a different process. If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.
Division 11. Department of Recreation.
Montgomery County, Md., Code § 2-58 (2026)
Sec. 2-58. Functions.LinkCopy Citation
The director of the department of recreation shall administer the recreational program of the county herein authorized. In administering such program the director shall have the authority, upon the consent of the particular agency or organization concerned, to make use of the recreational facilities of the board of education and other agencies or organizations, both public and private, and shall endeavor to coordinate the county's recreational program with the recreational programs of any such organizations whenever such coordination will promote the best interests of the county and its citizens.
Division 11A. Reserved.
Montgomery County, Md., Code § 2-58A (2026)
Sec. 2-58A. Reserved.LinkCopy Citation
Division 11B. Reserved.
Montgomery County, Md., Code § 2-58B (2026)
Sec. 2-58B. Reserved.LinkCopy Citation
Division 11C. OFFICE OF ANIMAL SERVICES.
Montgomery County, Md., Code § 2-58C (2026)
Sec. 2-58C. Functions.LinkCopy Citation
The Office of Animal Services has the functions and duties assigned to it in Chapter 5, Animal Control.
Division 11D. DEPARTMENT OF TECHNOLOGY AND ENTERPRISE BUSINESS SOLUTIONS.
Montgomery County, Md., Code § 2-58D (2026)
Sec. 2-58D. Functions.LinkCopy Citation
(a)
Generally. The purposes of the Department of Technology and Enterprise Business Solutions are to:
(1)
promote the appropriate use of automated information systems and telecommunications technology by the County government;
(2)
plan, develop, and ensure the proper operation of the County government's telecommunications capabilities, with special emphasis on the long-term issues of connectivity and compatibility;
(3)
ensure that the County government provides automated information services;
(4)
review decentralized process support systems for consistency with overall policy and compatibility with other governmental systems; and
(5)
promote the sharing of data and information technology systems among the departments and agencies, subject to the state public records act.
(b)
Duties. The Department must:
(1)
operate the County's central computer system and provide technical support necessary to:
(A)
generate and maintain the software of all systems;
(B)
assess requirements for computer hardware and software; and
(C)
supervise network control activities;
(2)
administer each cable communications or other telecommunications franchise granted by the County Council and any other telecommunications agreement involving or regulated by the County;
(3)
operate and manage all telecommunications facilities owned or controlled by the County, including the County fiber-optic data network, telephone system, Internet service, cable television transmissions, and public safety communications;
(4)
make County policy recommendations;
(5)
establish standards for automated information systems and telecommunications;
(6)
plan and oversee the installation and support of departmental and enterprise automated information systems, including public safety communications systems, local- and wide-area networks, enterprise servers, and the desktop computer replacement program, under written policies approved by the Chief Administrative Officer (CAO);
(7)
maintain a geographic database of all installed telecommunications facilities in the County for which the County has any legal authority to require data, or is able to obtain voluntarily or through a third-party;
(8)
approve, deny, or modify all requests for telecommunications and information processing facilities before acquisition; and
(9)
advise the County Council on the acquisition of telecommunications and information processing systems, although the Council has the final authority to acquire facilities and systems for its own use.
(c)
Chief Information Officer. The Director of Technology and Enterprise Business Solutions serves as the County’s Chief Information Officer (CIO). The CIO, under the supervision of the Chief Administrative Officer, must:
(1)
serve as chair of the Information Technology Policy Advisory Committee;
(2)
review and approve any proposed procurement of information technology for the County government to ensure that the proposed procurement is consistent with approved information technology policies and standards, unless the Director of Procurement appeals the CIO’s decision to the Chief Administrative Officer to resolve;
(3)
plan, direct, and manage each major information technology project of the County government, under written policies approved by the CAO;
(4)
submit a plan to the County Council by February of each year for the County’s use of any information technology resources that a person was required to provide under a cable or other telecommunications franchise granted by the Council under Chapters 8A or 49;
(5)
administer each cable television or other telecommunications franchise granted by the Council strictly according to law, the approved franchise agreement, and any franchise administration policies established by the Council by resolution;
(6)
provide technical assistance to the Interagency Technology Policy and Coordination Committee or any successor organization;
(7)
serve as the County government’s liaison with other County, State, regional, and federal government agencies, such as the Montgomery County Public Schools, Montgomery College, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission, to promote efficiency and, to the extent practical, consistent standards and interoperability of information technology among the County government and these agencies; and
(8)
perform the duties described in Section 2-58E to coordinate all telecommunications transmission facilities in the County.
(d)
Information Technology Policy Advisory Committee.
(1)
The Information Technology Policy Advisory Committee includes:
(A)
the Director of Finance;
(B)
the Director of the Office of Management and Budget;
(C)
the Director of General Services;
(D)
the Director of the Office of Human Resources;
(E)
the County Attorney;
(F)
the Chief of Police;
(G)
the Fire Chief;
(H)
the Director of Transportation;
(I)
the Director of Health and Human Services; and
(J)
any other head of a County agency, department, or office listed in Executive regulations approved under method 2.
(2)
The members listed in paragraph (1) serve as permanent, ex officio voting members.
(3)
The Committee must:
(A)
establish and frequently review, at least twice a year, information technology policies and standards for the County government that:
(i)
promote efficient delivery of government services to the public;
(ii)
are cost-effective;
(iii)
promote, to the extent practical, interoperability with other public and private information technology systems;
(iv)
ensure the accuracy, integrity, and security of information created by or entrusted to the County government; and
(v)
comply with federal, State, and local laws;
(B)
monitor information technology developments and promptly advise the Executive and Council about potential impacts of new technology;
(C)
review and advise the CIO on any proposed procurement of information technology for the County government that exceeds an amount established by Executive regulation; and
(D)
make recommendations to the CIO regarding the use of any information technology resources that a franchisee was required to provide under a cable television or other telecommunications franchise granted by the Council.
(e)
Non-merit positions. The positions of Chief Technology Officer, Chief Broadband Officer, Chief Digital Officer, and Chief Operating Officer are non-merit positions.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(a)
that employee retains all merit system rights; and
(b)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Montgomery County, Md., Code § 2-58E (2026)
Sec. 2-58E. Transmission facility coordination.LinkCopy Citation
(a)
The Chief Information Officer must establish and maintain a process to coordinate the location of public and private transmission facilities in the County. The County Executive must issue regulations to implement this process, including time limits for any review of a siting decision by the CIO or the CIO’s designee or contractor, or the Transmission Facility Coordinating Group. The Executive may adopt regulations under method (3) to set fees for reviewing and coordinating the siting of each proposed transmission facility that requires a building permit, special exception, or other County approval. The regulations may set different fees for certain categories of applicants to reflect different costs to the County to review and coordinate the siting of facilities by that type of applicant. The Executive must establish, and may modify, fee categories by method (2) regulation.
(b)
As used in this Section:
(1)
transmission facility means any telecommunications facility or radio and television broadcasting tower, including any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them):
(2)
land use agency means the Planning Board, the County Board of Appeals, the Department of Environmental Protection, and any other public agency or body with jurisdiction over the siting of any transmission facility, including any municipal land use agency or body; and
(3)
land-owning agency means any government agency which owns or controls any land on which a transmission facility is located or proposed to be located.
(c)
As part of the coordination process set up under subsection (a), the Director’s designee or contractor must:
(1)
maintain a database of all transmission facilities located in the County, including any that the Director knows are proposed to be located in the County;
(2)
serve as a central source of information and a technical resource on the siting of transmission facilities for land use agencies, land-owning agencies, private landowners, telecommunications carriers, and the public;
(3)
in order to promote the appropriate and efficient location and co-location of transmission facilities and minimize any adverse impact on other land uses in the County and on transmission facilities used by government agencies:
(A)
review the siting of each proposed transmission facility;
(B)
advise any land use agency or land-owning agency on the technical rationale at that location for any transmission facility and whether it qualifies under County land use laws as a public or private use; and
(C)
recommend to any land use agency a decision on any pending siting issue, including any appropriate provisions governing removal of the facility after its useful life concludes and the posting of a bond to guarantee removal;
(4)
assist public participation in the process of siting transmission facilities; and
(5)
report annually to the County Executive and County Council on transmission facility siting and policy issues.
(d)
(1)
The Director must convene a Transmission Facility Coordinating Group and select a chair from among its members. The Group consists of the Director’s designee or contractor and a designee of:
(A)
the Planning Board;
(B)
the Office of Management and Budget;
(C)
the cable television administrator in the Department of Technology and Enterprise Business Solutions;
(D)
the Department of Transportation;
(E)
the Department of Permitting Services; and
(F)
any other County, bi-county, or municipal department or agency which the Director invites to send a designee.
(2)
The Group must:
(A)
review and comment, with due regard for the schedule in any pending action or proceeding, on any pending transmission facility policy or siting issue; and
(B)
facilitate communications between the member agencies on transmission facility policy and siting issues. The Group’s comments in any quasi- judicial proceeding must be placed on the proceeding record and made available to all parties.
(e)
Each land-owning agency in County government, and any other land-owning agency which receives County funding, must submit to the Director a transmission facility location plan. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility on land owned or controlled by the department or agency. The department or agency must update the plan each year.
(f)
Every applicant for a building permit or special exception for a transmission facility must submit to the Director a transmission facility location plan if a plan from the applicant is not already on file. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility owned or controlled by the applicant. The applicant must update the plan each year. The Director must not disclose any information in the plan which qualifies as confidential under the state public information law to any person except the Director’s designee or contractor and the other members of the Transmission Facility Coordinating Group, and they must not disclose any such information to any other person.
(a)
Annual fee. $1,000 a year, for reviewing each applicant's annual plan and providing access to certain County Geographic Information Service (GIS) data about existing telecommunications transmission facility sites.
(b)
Minor modification. $500, for reviewing an application to take any of the following actions at a single site: (1) modify one or more existing antennas; (2) add an antenna that would not alter the dimensions of the support structure; or (3) modify or add equipment that would not expand the approved ground space.
(c)
Multiple modification. $1,500, for reviewing an application to modify, or replace with a similar item, an antenna or equipment at 2 or more existing sites in a manner that would not change the support structure or the ground occupied by the telecommunications facility or require any other County approval.
(d)
Co-location on existing structure. $1,800, for reviewing an application to install additional antennas on an existing support structure in a zone where the structure is a permitted use under Chapter 59.
(e)
New support structure - permitted use. $2,500, for reviewing an application to construct a new support structure where permitted by Chapter 59.
(f)
New support structure - special exception. $3,000, for reviewing an application to construct a new or modified support structure that would require, under Chapter 59: (1) approval or modification of a special exception; or (2) review under the mandatory referral process.
Division 12. Advisory Boards or Commissions.
Subdivision I. In General.
Montgomery County, Md., Code § 2-59 (2026)
Sec. 2-59. Domestic Violence Coordinating Council.LinkCopy Citation
(a)
Definition. In this section “Coordinating Council” means the Domestic Violence Coordinating Council.
(b)
Established. There is a Domestic Violence Coordinating Council.
(c)
Composition and terms of members.
(1)
The Coordinating Council has 19 members.
(2)
The County Council requests the following individuals to serve as ex officio members of the Coordinating Council:
(A)
The Administrative Judge for District 6 of the Maryland District Court or designee of the Administrative Judge;
(B)
The Administrative Judge for the Montgomery County Circuit Court or designee of the Administrative Judge;
(C)
The State’s Attorney for Montgomery County or designee of the State’s Attorney;
(D)
The Regional Director of the Division of Parole and Probation, Maryland Department of Public Safety and Corrections or designee of the Regional Director;
(E)
The County Sheriff or designee of the County Sheriff; and
(F)
The President of the County Board of Education or designee of the President.
(3)
Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Coordinating Council:
(A)
A member or designee of the County Council, selected by the Council President;
(B)
The Chief of Police or designee of the Chief of Police;
(C)
The Director of the Department of Health and Human Services or designee of the Director;
(D)
The Executive Director of the Commission for Women or designee of the Executive Director; and
(E)
The Director of the Department of Correction and Rehabilitation or designee of the Director.
(4)
Subject to confirmation by the County Council, the County Executive must appoint the following individuals to serve 3-year terms on the Coordinating Council:
(A)
1 attorney with experience representing victims of domestic violence;
(B)
4 members of the public with a demonstrated interest in domestic violence issues, including at least one individual who is a former victim of domestic violence; and
(C)
2 representatives from a non-governmental domestic violence service or advocacy organization serving County residents.
(5)
Subject to confirmation by the County Council, the County Executive must appoint a student member to serve a 1-year term on the Coordinating Council. The student member’s term may be renewed for 1 additional year. The student member must be a high school student who resides in the County when initially appointed.
(d)
Voting, officers, meetings, and compensation.
(1)
All members of the Coordinating Council are voting members.
(2)
The Coordinating Council must elect a chair and vice-chair from among its members to serve 2-year terms.
(3)
The Coordinating Council must meet at least 4 times each year.
(4)
Section 2-148 does not apply to members appointed under subsection (c)(2) and (3).
(5)
Except as provided in paragraph (6), a member must serve without compensation.
(6)
A member may request reimbursement for mileage and dependent care costs at rates established by the County.
(e)
Duties. The Coordinating Council must:
(1)
Advise the County Executive, County Council, and Criminal Justice Coordinating Commission and its members on policies, programs, and legislation necessary to prevent domestic violence and help victims and their families;
(2)
Promote and facilitate an effective community-wide response to domestic violence, including a well-coordinated, multi-disciplinary approach to all programs serving victims of domestic violence and their families;
(3)
Coordinate with the Maryland Network Against Domestic Violence and all other County, State, federal, and non-governmental agencies, committees, boards, commissions, and organizations that operate, monitor, or coordinate domestic violence programs or services in the County to maximize the effectiveness of these programs and services;
(4)
Develop recommendations to improve the coordination and effectiveness of County, State, federal, and non-governmental efforts regarding domestic violence, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts;
(5)
Cooperate with the Abused Persons Program administered by the Department of Health and Human Services and any other relevant departments, agencies, committees, boards, commissions, and organizations to periodically review the quality and sufficiency of programs and facilities available to domestic violence victims, offenders, and their children throughout the County.
(6)
Obtain and evaluate the findings and recommendations of the County’s Domestic Violence Fatality Review Team established under Title 4, Subtitle 7 of the Family Law Article;
(7)
Obtain and evaluate statistical data, reports, and other information related to domestic violence, including information regarding innovative efforts by other governmental and non-governmental entities, as necessary to implement the requirements of this section; and
(8)
Subject to subsection (f), advocate for policies or legislation at the County, State, and federal levels that would improve efforts to address domestic violence issues, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts.
(f)
Advocacy. The Coordinating Council may not engage in any advocacy efforts at the State or federal levels unless these efforts are approved by the Office of Intergovernmental Relations.
(g)
Annual Report. By September 15 each year, the Coordinating Council must submit to the County Executive and the County Council an annual report on its activities, findings, and recommendations.
(h)
Staff.
(1)
(A)
If the County Sheriff agrees, the County Sheriff must provide the primary staff for the Coordinating Council.
(B)
At the request of the County Sheriff, the State courts and agencies listed in subsection (c)(2) and the County agencies listed in subsection (c)(3) may provide additional staff assistance to the Coordinating Council.
(2)
(A)
If the County Sheriff does not agree to provide the primary staff for the Coordinating Council, the Chief Administrative Officer must provide appropriate staff to the Coordinating Council.
(B)
The Chief Administrative Officer must consult with the individuals identified in subsection (c)(2) and (3) to determine the staffing needs of the Coordinating Council.
(C)
The Chief Administrative Officer may authorize an individual identified in subsection (c)(2) to provide staff to the Coordinating Council.
Montgomery County, Md., Code § 2-60 (2026)
Sec. 2-60. Criminal Justice Coordinating Commission.LinkCopy Citation
(a)
Established. There is a Criminal Justice Coordinating Commission.
(b)
Composition; officers; terms of members; meetings; staff.
(1)
The Commission has 32 members.
(2)
The County requests the following individuals to serve as ex-officio members of the Commission:
(A)
Administrative Judge of the Circuit Court for Montgomery County;
(B)
Administrative Judge of the District Court for Montgomery County;
(C)
State’s Attorney for Montgomery County;
(D)
County Sheriff;
(E)
Clerk of the Circuit Court for Montgomery County;
(F)
Public Defender for Montgomery County;
(G)
Chief of the City of Rockville Police Department;
(H)
Chief of the City of Gaithersburg Police Department;
(I)
Chief of the City of Takoma Park Police Department;
(J)
Chief of the Village of Chevy Chase Police Department;
(K)
Chief of the Montgomery County Maryland-National Capital Park and Planning Commission Police Department; and
(L)
Director of the Department of School Safety and Security of the Montgomery County Public Schools.
(3)
The following individuals are ex-officio members of the Commission:
(A)
Chair of the County Council’s Public Safety Committee, or another member of the Public Safety Committee;
(B)
Chief Administrative Officer;
(C)
Chief of the County Police Department;
(D)
Director of the Department of Correction and Rehabilitation;
(E)
Chief of Behavioral Health and Crisis Services of the Department of Health and Human Services;
(F)
Chief of Children, Youth, and Family Services of the Department of Health and Human Services;
(G)
Director of the Department of Technology and Enterprise Business Solutions; and
(H)
Assistant Chief of the Fire Code Enforcement and Fire Explosive Investigations Sections of the Montgomery County Fire and Rescue Service.
(4)
The County Executive should appoint, subject to Council confirmation, the following individual to serve a 3 year term as a member of the Commission: A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations.
(5)
The Executive must appoint, subject to Council confirmation, to 3-year terms:
(A)
7 members of the public, one of whom must be a member of the Maryland bar who practices law in the County;
(B)
An employee of the Division of Parole and Probation in the State Department of Public Safety and Correctional Services, after giving the Director of the Division an opportunity to make a recommendation;
(C)
An employee of the State Department of Juvenile Justice, after giving the Secretary of the Department an opportunity to make a recommendation;
(D)
A member of the Commission on Juvenile Justice, after giving the Commission an opportunity to make a recommendation; and
(E)
A member of the Advisory Board on Victims and their Families, after giving the Board and opportunity to make a recommendation.
(6)
After considering the recommendation of the Commission, if any, the Executive must designate the Chair and Vice-Chair of the Commission. The Chair and Vice-Chair serve one-year terms.
(7)
The Commission must meet at least 4 times each year.
(8)
Section 2-148 does not apply to ex-officio members or members appointed under subsection (4).
(9)
(A)
The Chief Administrative Officer must designate an individual to serve as a Director of the Commission.
(B)
The Director is not a voting member of the Commission.
(C)
The Director must help the Commission achieve its objectives by:
(i)
facilitating the coordination of Commission meetings;
(ii)
facilitating the coordination and communication of Commission members;
(iii)
assisting the Commission in obtaining information and assistance from other County agencies and programs as needed; and
(iv)
assuring that the Commission has the staff and other resources it needs.
(10)
The Chief Administrative Officer must provide staff support to the Commission subject to appropriation.
(c)
Duties. The Commission must:
(1)
evaluate the organization and adequacy of law enforcement and the administration of justice in the County;
(2)
review and comment, at the request of the County Executive or the County Council, on programs concerning criminal justice for:
(A)
long-term impacts;
(B)
feasibility; and
(C)
implementation issues.
(3)
respond to requests from the Executive, Council, and the judicial system for any analysis concerning criminal justice programs;
(4)
educate the community about law enforcement, crime prevention, reentry of individuals to the community, and other criminal justice issues, promote respect for law, and encourage community involvement in law enforcement and other appropriate components of the criminal justice system;
(5)
facilitate coordination of the programs and activities of County law enforcement and criminal justice agencies;
(6)
facilitate coordination of County law enforcement and criminal justice agencies with those of the State and neighboring state and local governments;
(7)
promote efficient processing of criminal cases at every stage from arrest to completion of trial and correctional programs; and
(8)
advise the County on how to achieve fair and effective law enforcement, crime prevention, and juvenile justice.
(d)
Information and assistance. Each agency of County Government must give the Commission any information and assistance, not inconsistent with law, that the Commission requests to perform its duties.
(e)
Reports and recommendations. The Commission may make reports and recommendations to the Executive and Council from time to time as the Commission finds appropriate. The Commission must report to the Council and the Executive on request.
(a)
that employee retains all merit system rights; and
(b)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Montgomery County, Md., Code § 2-61 (2026)
Sec. 2-61. Assistance to boards.LinkCopy Citation
The chief administrative officer is authorized to make available to these advisory boards services and facilities of the county government to aid the boards in their work.
Subdivision II. Reserved.
Montgomery County, Md., Code § 2-62-2-64 (2026)
Secs. 2-62-2-64. Reserved.LinkCopy Citation
Subdivision III. Reserved.
Division 13. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
Montgomery County, Md., Code § 2-64A (2026)
Sec. 2-64A. Office of Racial Equity and Social Justice.LinkCopy Citation
(a)
Findings.
(1)
Although not unique to the County, many County residents suffer from stark disparities linked to race and social justice issues.
(2)
These disparate outcomes among County residents include wealth, housing, criminal justice, education, and health.
(3)
Inequitable outcomes linked to race and social justice issues will persist in the County without intentional intervention.
(4)
The work to dismantle racial and social justice inequity must occur on an individual, institutional, and structural basis.
(b)
Definitions. As used in this Division:
Director means the Director of the Office of Racial Equity and Social Justice or the Director’s designee.
Equity means fair and just opportunities and outcomes for all people.
Equity assessment means a systematic process of identifying policies and practices that may be implemented to identify and redress disparate outcomes on the basis of race or social justice issues.
Individual racism means explicit or implicit pre-judgment bias or discrimination by an individual based on race.
Inequity means systematic and patterned differences in well-being that disadvantage one group in favor of another caused by past and current decisions, systems of power and privilege, and policies.
Institutional racism means policies, practices, and procedures that work better for some members of a community than others based on race.
Office means the Office of Racial Equity and Social Justice.
Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.
Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.
Racial equity and social justice action plan means a comprehensive plan to incorporate and embed racial equity and social justice principles and strategies into operations, programs, service policies, and community engagement.
Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.
Structural racism means the history and current reality of institutional racism across public and private institutions which combine to create a system that negatively impacts certain groups based on race.
(c)
Functions. After consulting with each department and office, the Office must:
(1)
perform an equity assessment to identify County policies and practices that must be modified to redress disparate outcomes based on race or social justice;
(2)
develop metrics to measure progress in redressing disparate outcomes based on race or social justice;
(3)
work with each County department and office to develop a racial equity and social justice action plan designed to remedy individual, institutional, and structural racism or social justice issues adversely impacting County residents;
(4)
provide racial equity and social justice training to County employees;
(5)
develop short term and long term goals for success in redressing disparate outcomes based on race or social justice issues;
(6)
measure progress in meeting both short term and long term goals; and
(7)
provide staff support for the Racial Equity and Social Justice Advisory Committee.
(d)
Racial Equity and Social Justice Action Plan.
(1)
The Executive must adopt, by Method 2 regulation, a racial equity and social justice action plan.
(2)
The racial equity and social justice action plan must include:
(A)
a community engagement process;
(B)
mandatory racial equity and social justice training for all County employees;
(C)
the use of explicit racial equity and social justice considerations in establishing new programs and evaluating existing programs;
(D)
a requirement for the Executive to explain how each management initiative or program that would be funded in the Executive’s annual recommended operating and capital budgets, including the recommended operating and capital budgets for the County Board of Education, or in a supplemental appropriation promotes racial equity and social justice;
(E)
short term and long term goals for promoting racial equity and social justice;
(F)
metrics for measuring progress in meeting these goals;
(G)
guidelines for each department and office to develop its own equity action plan;
(H)
recommended racial equity and social justice tools and strategies for a department or office to use in redressing disparities based on race or social justice issues; and
(I)
priority areas for additional County efforts.
(e)
Reports. The Director must submit an annual report on the activities of the Office to the Executive and the Council on or before each September 30. The report must include:
(1)
the metrics used to measure the success of each short term and long term goal of the approved racial equity and social justice action plan;
(2)
the progress toward meeting the goals of the approved racial equity and social justice action plan; and
(3)
any recommendations for changes in law, regulation, or operating budget resources to assist in meeting the goals of the racial equity and social justice action plan.
(f)
Responsibilities of each department and office. Each Executive and Legislative Branch department and office must:
(1)
designate an employee to serve as the racial equity and social justice lead for the department or office to coordinate work with the Office;
(2)
develop a department or office racial equity and social justice action plan in coordination with the Office; and
(3)
provide discrete data on disproportionality and other information to the Office as needed.
(g)
Responsibility of the Council. The Council must:
(1)
establish a structure to provide oversight of the County’s progress in meeting its racial equity and social justice goals. The Council may retain experts from academic and scientific organizations to assist the Council with this oversight responsibility;
(2)
establish a process to explain how each special appropriation promotes racial equity and social justice; and
(3)
ensure that the operating budget is sufficient:
(A)
for the Office of Racial Equity and Social Justice to provide the services required by this Section; and
(B)
to implement the Racial Equity and Social Justice Action Plan.
Transition and Effective Date.
(a)
The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.
(b)
Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.
Montgomery County, Md., Code § 2-64B-2-64G (2026)
Sec. 2-64B-2-64G. Reserved.NoteLinkCopy Citation
Division 14. Office of Public Information.
Montgomery County, Md., Code § 2-64H (2026)
Sec. 2-64H. Functions.LinkCopy Citation
The office of public information shall have the following functions:
(a)
Serve as a focal point for communications with citizens and community organizations.
(b)
Establish and maintain a public information program.
(c)
Provide professional editing and design support and coordination for county-wide publications and to county departments and agencies.
(d)
Establish and maintain an information and referral program.
(e)
Carry out related matters as may be assigned.
(f)
Recruitment and utilization of volunteer services for county programs.
Division 15. Office of Human Resources.
Montgomery County, Md., Code § 2-64I (2026)
Sec. 2-64I. Functions.LinkCopy Citation
The Office of Human Resources has the following functions:
(a)
Under the administration of the Chief Administrative Officer, supervise the County merit system in accordance with the County Charter, local, state and federal laws, rules and regulations.
(b)
Assist all appointing authorities in the implementation of merit system Charter provisions and the personnel regulations of the Executive.
(c)
Assist the Executive in the development and administration of a career service and in the administration of a comprehensive management personnel program.
(d)
Provide cooperative personnel services to political subdivisions of Montgomery County or agencies supported in whole or in part by taxes levied by the Council and to the Montgomery County Revenue Authority.
(e)
Perform related duties as assigned.
(f)
Develop and administer the equal employment opportunity program, unless this responsibility is transferred to the Chief Administrative Officer in accordance with the termination provision of chapter 1, section 5 of the 1981 Laws of Montgomery County.
Sec. 4. Budgeting and Reduction-In-Force. The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.
By Res. No. 9-1474, adopted Sept. 22, 1981, the Council extended the termination date of Bill No. 5-80 (ch. 1-81) until such time as the County Council by resolution indicates otherwise.
Division 16. Office of Intergovernmental Relations.
Montgomery County, Md., Code § 2-64J (2026)
Sec. 2-64J. Functions.LinkCopy Citation
The Office of Intergovernmental Relations has the following functions:
(a)
respond to the County's interest with respect to legislation and budget issues being prepared or undertaken by the State legislative and Executive branches;
(b)
provide County liaison with the legislative delegation and appropriate State departments, agencies, commissions and committees and monitor the State legislature; and
(c)
provide coordination or liaison and, as appropriate, respond to legislation, regulations, or other policy issues involving nearby counties or states, municipalities within the County, regional agencies, the District of Columbia, and the federal government.
Division 17. Office of Management and Budget.
Montgomery County, Md., Code § 2-64K (2026)
Sec. 2-64K. Functions.LinkCopy Citation
(a)
Generally. The Office of Management and Budget has the following functions:
(1)
preparation and administration of the annual operating budget, six-year public services program and related matters;
(2)
preparation and administration of the annual capital budget, six-year capital improvements program and related matters;
(3)
planning for county facilities;
(4)
program evaluation;
(5)
coordination of productivity improvement activities, including management, organization and systems analyses and projects; and
(6)
other management functions as assigned by the chief administrative officer.
(b)
Non-merit position. The position of Deputy Director for Results is a non-merit position.
(a)
If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(b)
An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1)
that employee retains all merit system rights upon successful completion of the probationary period; and
(2)
the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Division 18. Reserved.
Montgomery County, Md., Code § 2-64L (2026)
Sec. 2-64L. Reserved.LinkCopy Citation
Division 19. Office of Community Use of Public Facilities.
Montgomery County, Md., Code § 2-64M (2026)
Sec. 2-64M. Functions and Duties.LinkCopy Citation
(a)
Generally. The Office of Community Use of Public Facilties:
(1)
administers and implements the School Facilities Utilization Act (Chapter 44, Article I); and
(2)
schedules and makes available to the community the use of
(A)
school facilities; and
(B)
other public facilities designated by the Chief Administrative Officer under standards established by regulation issued under method (2).
(b)
Duties of the Director. The Director of Community Use of Public Facilities must carry out the functions described in this Section and Section 44-4.
(c)
Enterprise Fund. All user fees and other payments to the County for the community use of a public facility under subsection (a)(2) must be administered through the enterprise fund established by Section 44-5A.
(d)
Assistance for programs serving underserved communities with a focus on vulnerable youth or low-income persons. The Executive must establish by method (2) regulation a program administered by the Director to encourage use of public facilities, including school facilities, by organizations that serve underserved communities with a focus on vulnerable youth or low-income persons. The regulations adopted under this subsection must include criteria for eligibility, and the program must consist of:
(1)
outreach:
(2)
technical assistance; and
(3)
waiver or reduction of fees for eligible organizations.
(e)
On or before January 1 of each even-numbered year, the Director must submit a report to the Executive and Council describing the activities conducted, accomplishments achieved, and difficulties encountered in seeking to increase use of public facilities by programs serving underserved communities with a focus on vulnerable youth or low- income persons.
Division 20. Office of Procurement.
Montgomery County, Md., Code § 2-64N (2026)
Sec. 2-64N. Functions.LinkCopy Citation
The Office of Procurement must:
(a)
administer the centralized purchasing system required by Charter Section 313;
(b)
procure all goods and services in accordance with chapter 11B and other applicable law; and
(c)
perform any other procurement or related function assigned by the Chief Administrative Officer.
Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.
Division 21. OFFICE OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY.
Montgomery County, Md., Code § 2-64O (2026)
Sec. 2-64O. Functions and organization.LinkCopy Citation
The Office of Emergency Management and Homeland Security must plan, manage, and integrate the County’s emergency management and homeland security programs. The Office must:
(a)
undertake emergency management and disaster preparedness planning, and coordinate response and recovery operations to a disaster;
(b)
coordinate homeland security intelligence programs in conjunction with the Police, Sheriff, and other local, state, and federal law enforcement agencies and disease surveillance systems of public health;
(c)
manage the interdepartmental governance of the Public Safety Communications Center (PSCC) and the Alternate Public Safety Communications Center (APSCC);
(d)
facilitate the integration of policies and procedures on homeland security, emergency management, and preparedness with the Fire and Rescue Service; Police; Health and Human Services; Transportation; Environmental Protection; the Sheriff; and other County government departments and public agencies as necessary;
(e)
coordinate community outreach and volunteer support of emergency preparedness and homeland security;
(f)
coordinate the County’s homeland security and emergency preparedness programs with federal, state, regional, local, County, and municipal agencies, including the Housing Opportunities Commission, Montgomery College, Montgomery County Public Schools, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Washington Metropolitan Area Transit Authority, and utilities and telecommunications companies doing business in the County;
(g)
develop, coordinate, and manage state and federal grants relating to homeland security and emergency preparedness, response, and recovery; and
(h)
undertake related functions designated by the County Executive.
Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Sec. 5. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Homeland Security is transferred to the Office of Emergency Management and Homeland Security.
Division 22. Office of Grants Management.
Montgomery County, Md., Code § 2-64P (2026)
Sec. 2-64P. Office of Grants Management – Functions.LinkCopy Citation
In accordance with chapter 11B, the Office of Grants Management must:
(a)
provide a central point of contact regarding grants that the County receives or awards;
(b)
disseminate to Executive Branch departments and principal offices information regarding federal and State grant opportunities;
(c)
maintain a central database of grants that the County receives or awards;
(d)
provide training and technical assistance regarding grants management to Executive Branch departments and principal offices;
(e)
in coordination with the Office of Procurement, develop countywide policies and procedures regarding grants management;
(f)
in coordination with the Office of Procurement, develop practices to ensure that grants management in the County is consistent with racial equity and social justice goals;
(g)
perform public outreach regarding grants offered by the County; and
(h)
perform any other grants function assigned by the Chief Administrative Officer.
Division 23. Office of Food Systems Resilience.
Montgomery County, Md., Code § 2-64Q (2026)
Sec. 2-64Q. Office of Food Systems Resilience – Functions.LinkCopy Citation
The Office of Food Systems Resilience must:
(a)
in coordination with the Maryland Food Council, serve as a liaison between government and food systems stakeholders, including residents, businesses, farms, food assistance providers, charities, and educational institutions;
(b)
in coordination with the Department of Environmental Protection, the Office of Agriculture, the Department of Planning, the Department of Health and Human Services, and the Office of Community Partnerships, serve as a central liaison and coordinator for County government food systems initiatives and projects;
(c)
develop and maintain a strategy for improving the efficiency, equity, sustainability, and resilience of the food systems in Montgomery County;
(d)
advise the County Executive and County Council on food systems related policy issues, as well as deliver a report on the state of the local food systems with recommended policy, budgetary, and regulatory changes to the County Executive and County Council no less than annually;
(e)
develop and maintain a system to collect and process local food systems data to support accurate and timely monitoring of the state of the local food systems, and analyze such data to support decision making and strategic planning;
(f)
in coordination with the Office of Grants Management and the Office of Procurement, set policies and procedures for grants impacting the local food systems that are consistent with the aforementioned food systems strategy and work to leverage County resources to pursue state, federal, and private sector resources to support local food system initiatives;
(g)
in coordination with the Office of Emergency Management and Homeland Security, the Department of Health and Human Services, and local food assistance providers, support disaster response feeding planning and operations;
(h)
in coordination with the Office of Racial Equity, work to address racial inequities and develop practices to ensure social justice and address disparities in the local food systems; and
(i)
represent the interests of Montgomery County in regional, national, and international food systems coordination efforts.
Article Iv. Legislative Branch.
Division 1. Generally.
Montgomery County, Md., Code § 2-65 (2026)
Sec. 2-65. Board of health designated.LinkCopy Citation
(a)
The County Council is, and may act as, the County Board of Health.
(b)
When meeting as the Board of Health, the County Council has all the powers delegated to a local board of health under State and County law.
(c)
The County Council, meeting as the Board of Health, may adopt any regulation which a local board of health is authorized to adopt. Before it adopts a regulation, the Board must hold a public hearing after giving reasonable notice, as specified in the Council Rules of Procedure, to each municipality in the County and the public.
Division 2. County Council.
Subdivision I. In General.
Montgomery County, Md., Code § 2-66 (2026)
Sec. 2-66. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-67 (2026)
Sec. 2-67. Election of officers.LinkCopy Citation
The council shall elect from among its members not later than December 31 in the year in which they take office, and at such other times as the council in office shall determine, a president and a vice-president. The president shall be the presiding officer, and in his absence the vice-president shall preside and perform the duties of the president.
Montgomery County, Md., Code § 2-68 (2026)
Sec. 2-68. Order and decorum.LinkCopy Citation
The president shall preserve order and decorum during the meetings and sessions of the council. He shall have general supervision of the county council offices, hearing and conference rooms, and other building spaces immediately adjacent thereto. In case of any disturbance or disorderly conduct therein, he shall have the power to order any such place to be cleared.
Montgomery County, Md., Code § 2-69 (2026)
Sec. 2-69. Absence of the president.LinkCopy Citation
In the absence of the president of the county council, the vice-president shall preside. In the absence of both president and vice-president, the council members present shall elect a president pro tempore. The vice-president or president pro tempore, while acting as president, shall have all the authority and voting rights thereof.
Montgomery County, Md., Code § 2-70 (2026)
Sec. 2-70. Duties of Clerk of the Council.LinkCopy Citation
(a)
The Clerk of the Council must keep minutes of Council meetings, maintain its journal, and provide other administrative services required to assist the legislative process, including those specified in the Council rules of procedure.
(b)
The Clerk may designate an employee to act in the place of the Clerk as official custodian of Council records for purposes of authenticating records and responding to subpoenas and other orders or requests for records. The designated person has the same authority and position as the Clerk for the purpose designated, and response by that person satisfies any writ or order directed to the Clerk except for any writ or order which requires a response with personal knowledge of facts by the Clerk.
Montgomery County, Md., Code § 2-71 (2026)
Sec. 2-71. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-72 (2026)
Sec. 2-72. Journal and minutes.LinkCopy Citation
The Clerk of the Council must keep a written journal of all legislative sessions of the Council and written minutes of all non-legislative Council meetings. The journal and minutes must include motions and all votes by roll call or otherwise. In addition to the title of a bill or the subject matter of a resolution, only amendments to a bill or resolution which are adopted must have the full text entered in the journal or minutes. However, amendments offered but not adopted must be entered if a vote was taken on the amendment. After any correction, the Council must approve the journal or minutes by motion.
Montgomery County, Md., Code § 2-73 (2026)
Sec. 2-73. Publication of bills and council proceedings.LinkCopy Citation
(a)
The Council is responsible for publication as required by Section 3, Article XI-A of the Maryland Constitution. The title or a summary of all laws and ordinances proposed must be published once a week for 2 successive weeks before enactment in at least one newspaper of general circulation in the County, so that the taxpayers and citizens may have notice of all proposed laws and ordinances. The requirement of publication of proposed legislation may be satisfied by including the title or summary in the notice of hearing. The validity of expedited legislation is not affected if the law is enacted before the law is advertised. If the publication requirements of the Maryland Constitution are changed, the Council must comply with any amended requirements of the Constitution and state and County law.
(b)
The council shall provide for publication of the proceedings of the council by making available promptly after approval by the council copies of the written minutes of all public sessions and copies of the written journal of all legislative sessions of the council. The copies of the minutes and journal shall be in printed or typewritten form, and sufficient number of copies shall be reproduced to meet all reasonable public requests for copies in addition to a true copy being made available to any members of the public for reading at the office of the county council.
Montgomery County, Md., Code § 2-74 (2026)
Sec. 2-74. Permanent records.LinkCopy Citation
The Clerk of the Council must maintain in a secure fire-proof storage area:
(a)
the legislative journal;
(b)
each law and resolution approved by the Council or Board of County Commissioners;
(c)
minutes of all Council and Board of County Commissioners meetings; and
(d)
any Executive Regulation reviewed by the Council under method (1) or method (2).
The Clerk must maintain these records in a manner consistent with state law regulating retention and disposal of public records.
Montgomery County, Md., Code § 2-75 (2026)
Sec. 2-75. Appointments.LinkCopy Citation
(a)
Non-merit and advisory council appointments. Members of boards, committees, commissions and similar bodies that directly advise the county council, members of the merit system protection board, and other persons who under the charter are appointed by the council, are appointed for the term and for the compensation, if any, and in the manner as is prescribed by the charter or by law. The affirmative vote of a majority of Council members in office is required for any appointment.
(b)
Confirmation of executive appointments. When any vacancy exists on any board, committee, commission, or similar body whose members are appointed by the county executive, the county executive should appoint a successor within 60 days. The county council should act within 60 days, by resolution, to confirm or disapprove the appointment. The affirmative vote of a majority of council members in office is required for confirmation. If the appointment is not confirmed, the county executive should promptly appoint another person to that vacancy and submit the person to the council for confirmation.
Montgomery County, Md., Code § 2-76 (2026)
Sec. 2-76. Exercise of zoning, planning and subdivision powers.LinkCopy Citation
The procedures for the Council to exercise its powers of zoning, planning or subdividing shall be as prescribed by Division II of the Land Use Article of the Maryland Code; by other applicable law enacted by the General Assembly of Maryland; by the zoning or subdivision laws; or otherwise as prescribed by the Council by law.
Montgomery County, Md., Code § 2-77 (2026)
Sec. 2-77. Adoption of rules and regulations.LinkCopy Citation
The council shall sit in non-legislative regular business meetings for the adoption by resolution of rules and regulations which implement or provide for the administration or execution of legislation. Notice and hearing provisions prescribed by law shall be followed. In absence of any other law requirements, provisions for notice and hearing, if the council in its discretion determines the same is necessary, shall be as the council shall by resolution provide in considering the particular rule or regulation for adoption.
Subdivision II. Legislative Sessions and Other Meetings.
Montgomery County, Md., Code § 2-78 (2026)
Sec. 2-78. Schedule; adoption of rules and regulations; public sessions.LinkCopy Citation
The first and third Tuesdays of each month and such additional days as the council may determine are designated as days for the enactment of legislation, but in no event shall the council sit for more than forty-five (45) days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The council shall meet at such times as it may determine for the conduct of other business and hearings. The council may adopt rules and regulations which implement or provide for the administration or execution of legislation under such procedures and provisions for notice and hearing prescribed herein or as otherwise prescribed by law. No business shall be transacted, or any appointments made, or nominations confirmed, except in public session.
Montgomery County, Md., Code § 2-79 (2026)
Sec. 2-79. Quorum.LinkCopy Citation
A majority of the members of council in office shall constitute a quorum for a legislative session or other business.
Montgomery County, Md., Code § 2-80 (2026)
Sec. 2-80. Public participation; sign limitation; willful disturbance.LinkCopy Citation
Reasonable seating facilities shall be provided for the general public at all sessions and public meetings, and the general public is encouraged to attend. During a session or meeting, time may be provided at the discretion of the president, or upon request of a majority of the council present, for members of the public to address the council on pertinent matters. Persons seeking to address the council on a specific subject should state reasons for an appearance in writing prior to the fixing of the agenda for the council; provided, that this rule may be suspended by a majority of the council members present. Public hearings upon pending legislation or the budget are convened for the express purpose of obtaining public participation and comment. Such hearings shall not constitute a legislative session. At all times, order and decorum shall be maintained in keeping with the dignity of the governmental process, and no person or groups shall interfere with this process, and the council shall take all necessary steps required to maintain order.
No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the council offices, hearing or conference rooms, nor within any building in which is located the council office or in which the council is meeting or conducting a public hearing. This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing or other persons at a meeting nor extend from the body as may cause injury to another. Any person who shall violate the provision above, relating to signs, or who shall willfully interrupt or disturb council proceedings, after warning to desist, may be removed from the premises and shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.
Montgomery County, Md., Code § 2-81 (2026)
Sec. 2-81. Yeas and nays.LinkCopy Citation
A roll call vote by yeas and nays must be taken when legally required, and on any other vote on demand of any member. The Clerk of the Council must record the vote in the minutes or journal, as applicable.
Montgomery County, Md., Code § 2-81A (2026)
Sec. 2-81A. Fiscal Impact Statements.LinkCopy Citation
(a)
Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Management and Budget.
Fiscal impact means an estimate of changes in future County revenue and expenditures attributable to a change in the law.
(b)
Fiscal impact statements. The Director must submit a statement to the Council describing the fiscal impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill.
(c)
Time for submission. A fiscal impact statement should be submitted to the Council:
(1)
no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and
(2)
no more than 21 days after a bill sponsored by a Councilmember is introduced.
If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d)
Content of fiscal impact statement. Each fiscal impact statement must include:
(1)
the sources of information, assumptions, and methodologies used;
(2)
an estimate of changes in County revenues and expenditures regardless of whether the revenues or expenditures are assumed in a recommended or approved budget;
(3)
revenue and expenditure estimates covering at least the next 6 fiscal years;
(4)
an actuarial analysis through the entire amortization period for each bill that would affect retiree pension or group insurance costs;
(5)
later actions that may affect future revenue and expenditures if the bill authorizes future spending;
(6)
an estimate of the staff time needed to implement the bill;
(7)
an explanation of how the addition of new staff responsibilities would affect other duties;
(8)
an estimate of costs when an additional appropriation is needed;
(9)
a description of any variable that could affect revenue and cost estimates;
(10)
ranges of revenue or expenditures that are uncertain or difficult to project; and
(11)
if a bill is likely to have no fiscal impact, why that is the case.
(e)
Compliance. Council action on a bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
Montgomery County, Md., Code § 2-81B (2026)
Sec. 2-81B. Economic Impact Statements.LinkCopy Citation
(a)
Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Legislative Oversight.
Economic impact means an estimate of the costs and/or benefits to private organizations and individuals in the County attributable to a change in the law.
(b)
Economic impact statements. The Director must submit a statement to the Council describing the economic impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill.
(c)
Time for submission.
(1)
An economic impact statement should be submitted to the Council no more than 21 days after a bill is introduced.
(2)
If the Director is unable to submit the statement within 21 days after the bill is introduced, the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d)
Content of economic impact statement.
(1)
Each economic impact statement must include:
(A)
the sources of information, assumptions, and methodologies used;
(B)
a description of variables that could affect economic impact estimates; and
(C)
if a bill is likely to have no economic impact, why that is the case.
(2)
Each economic impact statement should include the bill’s potential positive or negative effects, if any, on the County’s workforce, taxation policy, property values, incomes, operating costs to businesses and non-profits operating in the County, capital investment from the private sector, economic development, and the County’s competitiveness.
(e)
Compliance. Council action on an expedited bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
Montgomery County, Md., Code § 2-81C (2026)
Sec. 2-81C. Racial Equity and Social Justice Impact Statements.LinkCopy Citation
(a)
Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.
Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.
Racial equity and social justice impact means an estimate of changes in racial equity and social justice in the County attributable to a change in the law.
Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.
(b)
Racial Equity and Social Justice impact statement. The Director must submit a statement to the Council describing the racial equity and social justice impact, if any, of each bill and zoning text amendment under consideration by the Council or the District Council. The Director must submit a separate statement for each bill or zoning text amendment. The Director must consult with the Planning Board staff before submitting a racial equity and social justice impact statement for a zoning text amendment to the Council.
(c)
Time for submission. A racial equity and social justice impact statement should be submitted to the Council:
(1)
no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and
(2)
no more than 21 days after a bill sponsored by a Councilmember is introduced.
If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d)
Content of racial equity and social justice impact statement. Each racial equity and social justice impact statement must include:
(1)
the sources of information, assumptions, and methodologies used;
(2)
an estimate of both positive and negative changes in racial equity and social justice in the County as a result of the implementation of the bill;
(3)
recommended amendments that may promote racial equity and social justice; and
(4)
if a bill is likely to have no racial equity or social justice impact, why that is the case.
(e)
Compliance. Council action on an expedited bill or District Council action on a zoning text amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
Transition and Effective Date.
(a)
The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.
(b)
Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.
Montgomery County, Md., Code § 2-81D (2026)
Sec. 2-81D. Climate Assessments.LinkCopy Citation
(a)
Definitions. In this Section, the following terms have the meanings indicated.
Climate hazard means a natural disaster or environmental consequence of climate change, such as flooding, extreme temperatures, severe storms, heavy winds, or droughts.
Community climate resilience means the sustained ability of a network of people to use available resources to withstand, respond, recover, and adapt to future climate hazards.
Carbon drawdown means anthropogenic activities removing carbon dioxide from the atmosphere and durably storing it in geological, terrestrial, or ocean reservoirs, or in products. It includes existing and potential anthropogenic enhancement of biological or geochemical carbon sinks, and direct air capture and storage.
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Greenhouse gas emissions mean emissions of greenhouse gases, precursors of greenhouse gases, and aerosols caused by human activities. These activities include the burning of fossil fuels, deforestation, land use and land use changes, livestock and fertilizer production, waste management, and industrial processes.
Planning Board means the Montgomery County Planning Board or the Planning Board’s designee.
Sequestration means the natural process of uptake and storage of carbon in a carbon pool.
(b)
Climate assessments required.
(1)
The Director must submit an assessment to the Council describing the climate impact, if any, of each bill under consideration by the Council.
(2)
The Planning Board must submit an assessment to the District Council describing the climate impact, if any, of each zoning text amendment, master plan, and master plan amendment under consideration by the District Council.
(c)
Time for submission.
(1)
A climate assessment should be submitted to the Council, or the District Council, at least 7 days prior to a public hearing on a bill, zoning text amendment, master plan, or master plan amendment.
(2)
If the Director or the Planning Board is unable to submit the assessment within the time required under paragraph (1), the Director or the Planning Board must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.
(3)
If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery date.
(d)
Contents of climate assessment.
(1)
Each climate assessment must include:
(A)
the sources of information, assumptions, and methodologies used;
(B)
a description of variables that could affect the assessment; and
(C)
if a bill, zoning text amendment, master plan, or master plan amendment is likely to have no climate impact, why that is the case.
(2)
Each climate assessment must include:
(A)
the potential positive or negative effects, if any, of the bill, zoning text amendment, master plan, or master plan amendment upon climate change;
(B)
quantitative or qualitative evaluations of the identified effects upon greenhouse gas emissions, sequestration, and carbon drawdown; and
(C)
quantitative or qualitative evaluations of the identified effects upon community climate resilience.
(3)
Each climate assessment must identify amendments or other recommendations, if any, that would reduce or eliminate any anticipated negative effects of the bill, zoning text amendment, master plan, or master plan amendment upon carbon dioxide removal, sequestration, drawdown, and community climate resilience.
(e)
Compliance. Council action on a bill, zoning text amendment, master plan, or master plan amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
(f)
Templates for climate assessments - required.
(1)
Templates for the assessment of bills.
(A)
The Director must develop and publish online a climate assessment template to guide the development of climate assessments for bills under this Section.
(B)
At least once every 2 years, the Director must review the template and update the template as needed.
(2)
Templates for the assessment of zoning text amendments and master plans.
(A)
The Planning Board must develop and publish online a climate assessment template to guide the development of climate assessments for zoning text amendments, master plans, and master plan amendments under this Section.
(B)
At least once every 2 years, the Planning Board must review the template and update the template as needed.
Montgomery County, Md., Code § 2-82 (2026)
Sec. 2-82. Consideration of bills and budgets.LinkCopy Citation
(a)
Consideration of bills.
(1)
Each bill enacted by the Council must contain only one subject matter.
(2)
A vote on final passage of a bill requires a roll call by yeas and nays. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote.
(b)
Consideration of the budget. No earlier than 21 days after submission by the county executive to the council of the operating and capital budgets for the ensuing fiscal year and the six-year programs, the council must hold public hearings on the proposed budgets and six-year programs. The council must publish notice of the hearings in one newspaper of general circulation in the county. The council sets the procedure for consideration and approval of the budgets and six-year programs.
(c)
Transmission to the Executive.
(1)
After enactment of any legislation by the Council, the Clerk of the Council must promptly prepare a copy of the legislation in printed or typewritten form as finally enacted. The Council President or acting President must sign the legislation. The Clerk must deliver the legislation within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(2)
After Council approval of the budget, the Clerk must deliver a copy of the approved budget within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(d)
Legend on enrolled law. An enrolled law must contain in succinct form on the face of the bill in an appropriate place the bill number, chapter number, date introduced, date enacted, date approved by county executive or date of disapproval, if disapproved, date of override of veto, if any and the effective date.
Division 3. Advisory Boards and Committees.
Subdivision I. Reserved.
Montgomery County, Md., Code § 2-83—2-87 (2026)
Secs. 2-83—2-87. Reserved.LinkCopy Citation
Subdivision II. Reserved
Montgomery County, Md., Code § 2-88—2-90 (2026)
Secs. 2-88—2-90. Reserved.LinkCopy Citation
Subdivision III. Reserved.
Montgomery County, Md., Code § 2-91—2-94 (2026)
Secs. 2-91—2-94. Reserved.LinkCopy Citation
Division 4. Ordinances, Resolutions, Codes, Etc.
Montgomery County, Md., Code § 2-95 (2026)
Sec. 2-95. Powers to adopt-Generally; administration and enforcement.LinkCopy Citation
(a)
Generally. The council is authorized to prescribe by law for minimum standards in the form of building, fire, electrical, plumbing, health, waste and trash removal, billboard, street construction, humane treatment of animals, plant disease and blight control and other regulations and codes to safeguard life, health or property or to promote public safety, morals or welfare by regulating:
(1)
Buildings and Other Structures. The design, erection, construction, repair, alteration, quality of materials, use, occupancy, location and maintenance of private and public buildings and other structures.
(2)
Plumbing, Heating and Electrical Fixtures. The installation and maintenance of plumbing, heating, and electrical fixtures in such buildings and structures and lines, wiring, piping and conduits in connection therewith.
(3)
Disposal of Waste, Sewage, Garbage, etc. The disposal of wastes, sewage and drainage and the dumping and accumulation of loose earth, rocks, trash, rubbish, garbage, ashes, junk, refuse and debris and limiting the height of weeds and treatment and disposal of diseased or blighted plant life and trees on any public or privately owned land in the county, and providing for the removal by the county of such matter from privately owned land at the expense of the landowner when such owner has refused or failed to remove the matter after due notice and opportunity for a hearing.
(4)
Billboards, Signs and Other Advertising Matter. The erection and maintenance of billboards and other similar structures, signs, posters, window and outdoor display advertising of any kind whatsoever.
(5)
Streets, Highways, Sidewalks, etc. The location, repair, use, grading, surfacing and other construction of streets, roads, highways, alleys, driveways and sidewalks for public use, and of curbs, gutters and drainage and other structures in connection therewith, whether or not maintenance by the county government is thereafter to be requested and the construction, maintenance and use of structures, vaults, tunnels, bridges, passageways, and buildings under, over or across public or dedicated streets, roads, highways, alleys, driveways and sidewalks.
(6)
Animals. The humane treatment of animals whether on public or private property.
(7)
Manufacturing Establishments, Slaughterhouses, Canneries, etc. Places of manufacturing soap and candles and fertilizers, slaughterhouses, packing houses, canneries, factories, workshops, mines, manufacturing plants and any and all places where offensive trades may be carried on, or which may involve or give rise to unsanitary conditions or conditions detrimental to health.
(b)
Requirements as to minimum standards. Such minimum standards shall include, where appropriate, structural engineering, health, sanitation, safety and fire protection requirements and requirements for safeguards during construction or alteration.
(c)
Construction of section. Nothing in this section shall be construed to affect any of the powers and duties of the state board of health, or any of the public general laws of the state relating to the subject of health.
(d)
Regulations for administration and enforcement. The council is authorized to prescribe by law for the county executive to adopt and amend regulations for the administration and enforcement of such standards, including bonds, permit and licenses and appropriate fees therefor, reports, schedules and inspection of premises necessary to such administration and enforcement. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards or regulations, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.
Montgomery County, Md., Code § 2-96 (2026)
Sec. 2-96. Administration and enforcement of legislation in municipal corporations and special taxing districts.LinkCopy Citation
(a)
County enforcement of municipal laws and special taxing district regulations.
(1)
Any municipal corporation, by ordinance, or any special taxing district, by regulation, may request and authorize the County to administer or enforce any municipal law or special taxing district regulation. The County may administer or enforce the municipal law or special taxing district regulation on the terms and conditions as may mutually be agreed.
(2)
The County Executive may agree with a municipal corporation or special taxing district to enforce and administer any municipal law or special taxing district regulation. That agreement may authorize an agent of the municipal corporation or special taxing district to issue a citation, as an agent of the County, for a violation of any municipal law or special taxing district regulation.
(3)
After an agreement under this subsection takes effect, the County may treat a violation of any regulation of a special taxing district that the Council has approved (including a regulation adopted under Section 49-4) as a violation of the County Code under Section 1-18. In addition to any other remedy or penalty specified in the regulation, each violation of any regulation of a special taxing district may be treated as a Class B civil violation unless another class of violation is cited in the regulation.
(b)
Enforcement of county laws by municipal corporations.
(1)
If requested by any municipal corporation, the County Executive may delegate the administration or enforcement of any county law that applies in a municipal corporation to the chief administrative officer of the municipal corporation.
(2)
The County Executive may agree with the municipal corporation to regulate the delegation of the County's administration and enforcement powers to the municipal corporation's chief administrative officer.
Montgomery County, Md., Code § 2-97 (2026)
Sec. 2-97. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-98 (2026)
Sec. 2-98. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-99-2-104 (2026)
Secs. 2-99-2-104. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-105 (2026)
Sec. 2-105. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-106 (2026)
Sec. 2-106. Existing requirements as to advertisement not affected.LinkCopy Citation
Nothing in this article shall be construed to alter or amend the existing requirements of law imposed upon the council or the officials and agencies of the county with respect to the requirements of advertisement of orders, regulations, ordinances, tax sales, notices, etc., now required by existing law.
Montgomery County, Md., Code § 2-107 (2026)
Sec. 2-107. Distribution and sale of information.LinkCopy Citation
The council shall make such information so published available for general distribution within the county either without charge or upon such charge as the council may deem sufficient in its discretion to cover the actual cost of collecting and publishing such information.
Article V. County Board of Appeals.
Montgomery County, Md., Code § 2-108 (2026)
Sec. 2-108. Established; composition; appointment and term of chair and members; disclosure of interests.LinkCopy Citation
(a)
Appointment. The County Board of Appeals consists of 5 members appointed by the County Council for four-year terms. A vacancy occurring before the end of a term must be filled by appointment for the remainder of the term. The Council must ask the County Executive to recommend within 30 days one or more qualified applicants before making any appointment.
(b)
Chair. The Council must designate a member of the Board as chair. That member serves as chair at the pleasure of the Council.
(c)
Applicant Disclosure.
(1)
Each applicant for membership on the Board must submit a sworn confidential financial disclosure statement as required by Chapter 19A. After reviewing the disclosure statement, the County Council or its designee may interview the applicant in private as to any potential conflict of interest. The Council may require the applicant to produce any document relevant to the appointment.
(2)
The Council must release to the public the financial disclosure statement submitted by the person appointed not later that 21 days after the appointment. The Council must destroy the statements submitted by all other applicants immediately after the appointment is made without disclosing any information in them to anyone.
Montgomery County, Md., Code § 2-109 (2026)
Sec. 2-109. Code of ethics.LinkCopy Citation
(a)
Application. The provisions of this section shall apply only to the members and employees of the county board of appeals.
(b)
Conduct prohibited. No member shall:
(1)
Decide or participate in a decision in which he has a financial interest, as owner, member, partner, officer, employee, stockholder or other participant of or in any private business or professional enterprise that will be affected by such decision, nor shall a member knowingly participate in a decision affecting a person related to him or his spouse as father, mother, brother, sister or child. This section shall not be construed to prohibit a member from having or holding private investment, business or professional interests, but shall be construed to apply when such interests are or reasonably may be in conflict with the proper performance of duty by the member. Such interests shall be presumed to be in conflict with proper performance of duty by the member when he or his spouse, or the father, mother, brother, sister or child or either, jointly or severally, owns a total of more than three (3) percent of the invested capital or capital stock of any groups, firms, corporations or associations involved in the decision being made by the board of appeals or receives a total combined compensation of more than five thousand dollars ($5,000.00) per year from any individual groups, firms, corporations or associations involved in the decision being made by the board of appeals. Such presumption shall not be construed to apply to or include an interest or investment in land geographically remote from the land involved in the decision, a possibility of reverter, a mortgage or other security interest in which the real party in interest is not as otherwise defined in this section.
(2)
Act as broker, agent, attorney, representative or employee of any person in his business dealings with the county, the Maryland-National Capital Park and Planning Commission or Washington Suburban Sanitary Commission nor shall a member decide or participate in a decision on any matter in which a close business or professional associate has acted in any of these capacities or represented private interests before the county or the above agencies; nor shall a member represent private interests or appear in a position of advocacy, other than in the performance of his official duties, either in person or by associate, in any matter or proceeding pending before the county council, Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission or the board of appeals.
(3)
Solicit or accept any gift, favor, loan, service, promise, employment or thing which might influence or tend to influence the proper performance of his duty.
(4)
Voluntarily appear as attorney counsel or otherwise represent private interests or give opinion evidence against the interests of the county or its agencies or agencies of the state operating for the county in any action or proceedings in which the county or agency or any official of the county or agency acting in his official duty is a party, except where the interests of the county or agency are incompatible or adverse one to the other, and the member has been assigned to so appear or give evidence in accordance with his duty.
(5)
Disclose any confidential information concerning the property, management, or affairs of the board of appeals, the county or agencies, or use such information to advance the financial or other private interests of himself or other persons.
(6)
Attempt to influence for a purpose contrary to the provisions of this section any other county or state official in the conduct of the other official's duties.
(c)
Exemptions. No part of this section shall be construed to prohibit a member of the board of appeals from appearing in the pursuit of his private interests as a citizen, or from accepting or receiving any benefit by operation of law, or prosecuting or pursuing any claim, right, privilege or remedy which is his by operation of law.
(d)
Disclosure of interests; disqualifications. When a member has any interest as described in this section which is or reasonably may be incompatible with or in conflict with any of his official duties or acts, he shall disclose such interest publicly and he shall disqualify himself and not participate in the decision or act affected thereby.
(e)
Ex parte or private communications. An ex parte or private communication from any person to a board member related to any contested case before the board, including special exceptions and variances, or to an appeal pending from an action of the board, is subject to the provisions governing those communications under the County Administrative Procedures Act.
(f)
Effect of conflict of interests. If, because of disqualification or disqualifications by interest under the provisions of this section, less than a quorum of the board of appeals is available to act upon any particular matter, except special exceptions, the remaining members of the board shall constitute a quorum and shall have authority to transact business to the extent permitted by law; provided, that this shall not be construed to permit transaction of business contrary to the quorum requirements or other provisions of state or other law.
Montgomery County, Md., Code § 2-110 (2026)
Sec. 2-110. Qualifications of members.LinkCopy Citation
Members of the County Board of Appeals must be residents of the County. No more than 3 members may be registered to vote in primary elections of the same political party. Any person appointed to fill a vacancy created other than by the expiration of a term must be registered to vote in primary elections of the same political party as the member replaced.
Montgomery County, Md., Code § 2-111 (2026)
Sec. 2-111. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-112 (2026)
Sec. 2-112. Jurisdiction.LinkCopy Citation
(a)
The County Board of Appeals must exercise all functions of a Board of Zoning Appeals. Any reference to a Board of Zoning Appeals for the County in state or County law means the County Board of Appeals.
(b)
The Board must hear and decide each special exception or conditional use appeal, unless Chapter 59 directs otherwise.
(c)
The Board has the following appellate jurisdiction.
The Board must hear and decide each appeal taken under: | Those appeals involve:
(d)
The Board must hear and decide any other appeal authorized by law.
(e)
Any reference to the County Council as hearing an appeal in any chapter or section of the County Code listed in subsection (c) means the Board of Appeals.
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Montgomery County, Md., Code § 2-113 (2026)
Sec. 2-113. Procedures.LinkCopy Citation
(a)
Subject to the approval of the Council, the Board may adopt rules of procedure to govern its proceedings. The Board’s rules may govern filing fees, the conduct of meetings and hearings, and other procedures necessary to hear and decide cases. This Article and other laws, ordinances, rules and regulations under which the Board exercises authority control in any conflict with any rule adopted by the Board.
(b)
The Board, and the Hearing Examiner in cases referred by the Board, must allow each party a reasonable opportunity to cross-examine each witness not called by that party on matters within the scope of that witness' direct testimony.
(c)
The Board must decide any matter referred to it only after notice and opportunity for hearing and on the basis of the record before it. However, the Board may decide any matter that the Board referred to a Hearing Examiner solely on the basis of the Hearing Examiner's report and recommendation.
(d)
All hearings held by the Board or the Hearing Examiner must be open to the public.
Montgomery County, Md., Code § 2-113A (2026)
Sec. 2-113A. Referrals to hearing examiner.LinkCopy Citation
(a)
The Board may, by vote of 3 members, refer any matter pending before it to be heard by a hearing examiner in the Office of Zoning and Administrative Hearings. The Office must conduct the hearing under the Office’s rules of procedure or, if the Office’s rules do not apply to that type of hearing, the Board’s rules of procedure. The hearing examiner must submit a written report and recommendation to the Board.
(b)
Within 10 days after transmittal of the hearing examiner's report and recommendation, any person who, or association which, appeared and testified in person or by counsel at the hearing before the examiner may request, in writing, an opportunity to present oral argument to the Board before it issues a decision. Any request for oral argument must explicitly state the issues to be presented at the oral argument. If oral argument is granted, the party who sought the oral argument must be limited to the issues stated in the request and any other issue specified in the order allowing oral argument. The Board may, in its discretion, grant or deny a request for oral argument.
(c)
The Board must, after oral argument if argument is allowed:
(1)
decide the matter on the basis of the evidence of record and the hearing examiner’s report and recommendation, or
(2)
remand the matter to the hearing examiner for clarification or taking additional evidence, as appropriate.
Montgomery County, Md., Code § 2-114 (2026)
Sec. 2-114. Appeals from decisions.LinkCopy Citation
(a)
If a party in a matter adjudicated by the Board of Appeals is aggrieved by a final decision of the Board in the matter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(b)
Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect pending a final decision of the court.
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Montgomery County, Md., Code § 2-115 (2026)
Sec. 2-115. Limitation upon authority.LinkCopy Citation
Except as provided in section 2-113, nothing herein shall be construed to grant to the county board of appeals authority to adopt or amend any law, ordinance or regulation under which it exercises authority.
Montgomery County, Md., Code § 2-116 (2026)
Sec. 2-116. Employees, etc.LinkCopy Citation
There may be appointed and assigned to the county board of appeals such employees, and the chief administrative officer shall make available to the board such services and facilities of the county, as are necessary or appropriate for the proper performance of its duties, and the county attorney shall serve as counsel to the board.
Article Vi. Local Management Board for Children, Youth, and Families.
Montgomery County, Md., Code § 2-117 (2026)
Sec. 2-117. Declaration of Policy.LinkCopy Citation
The County Council finds that:
(a)
State law requires the County to establish or designate a local management board to ensure the implementation of a local, interagency service delivery system for children, youth, and families.
(b)
Under State law, the County may designate a quasi-public, nonprofit corporation that is not an instrumentality of the County to act as the County’s local management board.
(c)
Designating a quasi-public, nonprofit corporation as the local management board will best enable the County to implement a local, interagency service delivery system for children, youth, and families.
Montgomery County, Md., Code § 2-118 (2026)
Sec. 2-118. Purposes; scope and mission.LinkCopy Citation
The primary functions of the local management board are to:
(a)
administer state funds for certain children’s services, and plan and coordinate those state- funded services;
(b)
participate in community planning for children’s services related to the state-funded programs; and
(c)
apply for and administer funds for children’s programs, as provided in Section 2-122.
Montgomery County, Md., Code § 2-119 (2026)
Sec. 2-119. Designation.LinkCopy Citation
(a)
The County Council may designate, by resolution approved by the County Executive, a nonprofit corporation which complies with all requirements of this Article as the County’s local management board. If the County Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.
(b)
Each designation expires 3 years after the resolution is adopted unless the Council extends it by adopting another resolution under this Section.
(c)
A corporation must comply, through its articles of incorporation and bylaws, with all requirements of this Article to continue as the County’s local management board.
(d)
In this Chapter, local management board means the corporation that the County has designated to implement a local, interagency service delivery system for children, youth, and families.
(a)
The first resolution adopted under Section 2-119(a), inserted by Section 1 of this Act, must take effect on July 1, 2004. Any corporation that seeks to be designated as the local management board must submit proposed articles of incorporation and bylaws to the County Executive and County Council for review and comment by May 1, 2004.
(b)
By February 1, 2004, the Director of the Department of Health and Human Services must submit to the Executive and Council a local management board transition plan to address such issues as financial oversight during a transition; modification of service contracts to assure that services to children and families are not disrupted; and transition of affected employees.
(c)
Notwithstanding any inconsistent provision of County Code Section 19A-13, a person employed by the Department of Health and Human Services before July 1, 2004, may be employed by a corporation after it is designated as the local management board, and if so employed may immediately work on any matter that the person significantly participated in as a Department employee.
Montgomery County, Md., Code § 2-120 (2026)
Sec. 2-120. Board of Directors.LinkCopy Citation
(a)
Appointment and confirmation. For a corporation to qualify as a quasi-public corporation, the corporation’s board of directors must be appointed by the County Executive and confirmed by the County Council. The board of directors must have 21 voting members, allocated as specified in this Section.
(b)
Public members. The County Executive must appoint 12 members from the public sector, including:
(1)
a designee of the President of the County Council;
(2)
a designee of the President of the Board of Education;
(3)
a designee of the Superintendent of Montgomery County Public Schools;
(4)
the Director of the Department of Health and Human Services, or the Director’s designee;
(5)
the Director of either the Department of Finance or the Office of Management and Budget, or either Director’s designee;
(6)
the Director of the Core Service Agency, or the Director’s designee;
(7)
the Regional Director of the state Department of Juvenile Services, or the Director’s designee;
(8)
the County Health Officer, or the Officer’s designee; and
(9)
a County employee who provides direct client social services to children, youth, or families.
Each member appointed from the public sector represents the public interest, and is not precluded from participating in a matter as a board member if that member’s government employer is a party to the matter.
(c)
Private members. The County Executive must appoint 9 members from the private sector, who may include:
(1)
advocates for services to children, youth, and families;
(2)
providers of services to children, youth, and families;
(3)
parents of children who are receiving or recently received services of the type funded by the local management board;
(4)
individuals between 18 and 25 years of age;
(5)
business owners and managers;
(6)
leaders of civic and community service organizations; and
(7)
leaders of religious organizations.
However, the Executive must not appoint more than 2 persons who are members of a governing board of, and must not appoint any employee of, any organization that receives County funds, or state funds directed through the local management board, for children’s services.
(d)
Representation. In selecting public and private sector board members, the Executive must strive to achieve broad representation from various geographic areas and socio-economic and ethnic groups.
(e)
Term; Removal.
(1)
Each board member must be appointed for a term of 3 years. However, when the board is first appointed, the Executive must appoint of the members to 1- or 2- year terms.
(2)
The Executive may reappoint a member, but a private sector member must not serve more than 2 consecutive full terms, not including any portion of an unexpired term.
(3)
The Executive may remove a member for violation of law or other good cause specified in the bylaws of the corporation, after giving the Council at least 15 days’ notice of the proposed removal.
(f)
Duties. The board of directors must direct all aspects of the corporation’s program, management, and finances.
(g)
Compensation; Relation to County retirement system.
(1)
A member of the board serves without compensation. However, the corporation may reimburse a private sector member for expenses incurred in attending meetings or carrying out other official duties.
(2)
A member is not eligible to receive benefits under any County retirement system for services rendered as a board member.
Montgomery County, Md., Code § 2-121 (2026)
Sec. 2-121. Articles of Incorporation; Bylaws.LinkCopy Citation
(a)
For a corporation to qualify as a quasi-public corporation, its articles of incorporation must provide that the corporation is:
(1)
nonprofit;
(2)
not an instrumentality of the County; and
(3)
incorporated for the sole purpose of serving as the County’s local management board.
(b)
The corporation’s bylaws may contain any provision, not inconsistent with laws or the articles of incorporation, to govern and manage the corporation.
(c)
The corporation’s by laws must:
(1)
prohibit conflict of interest, self-dealing, collusive practices, or similar impropriety by any member of the board of directors or employee, in a way that is at least as stringent as the conflict of interest provisions of the County ethics law; require the annual disclosure of a financial or similar interest of any director or officer in any matter that may come before the corporation; establish conditions under which a director or employee must not participate in corporation actions when there is a conflict between the person’s official duties and private interests; and include appropriate remedies for violations of these and other ethical standards, including removal or termination;
(2)
require the board of directors to comply with the state open meetings law as if the corporation were a public body and each action by the board were a quasi-legislative functions;
(3)
require competitive procurement for goods and services after reasonable public notice;
(4)
require a surety bond or similar instrument to protect against misappropriation of funds by directors and employees;
(5)
require a copy of each agreement with any state or federal agency to be sent to the Executive and Council within 14 days after the agreement is executed;
(6)
require an annual audit by an independent accounting firm, a copy of which must be sent to the Executive and Council within 14 days after receipt and made available to the public on request;
(7)
require quarterly and annual financial reports, reflecting funds received from all sources, to be submitted to the Executive, Council, and Board of Education;
(8)
require the corporation to publish a detailed annual report of its operations and accomplishments, including initiatives undertaken, outcomes, objectives, performance measures, and evaluation of effectiveness, which must be submitted promptly to the Executive, Council, and Board of Education;
(9)
require the corporation to publish an annual programmatic report to the public in an easily readable format;
(10)
require each contract the corporation enters into to provide that the County government may assume the rights and obligations of the corporation under the contract if its designation as the local management board is suspended or revoked;
(11)
require minutes of board meetings to be maintained on file and available for public inspection for at least 6 years; and
(12)
require all contract files to be maintained for at least 6 years after the date of final payment.
(d)
The board of directors must submit any proposed amendment to the articles of incorporation or bylaws to the Executive and Council for review and comment at least 60 days before the board takes final action on the amendment. The board must submit a copy of each adopted amendment to the Executive and Council within 5 days after adoption.
Montgomery County, Md., Code § 2-122 (2026)
Sec. 2-122. Agreement with the State; Funding.LinkCopy Citation
(a)
The local management board must enter into any agreement required by state law with the Governor’s Office of Children, Youth, and Families, or any successor state agency, to act as the local management board.
(b)
The local management board must take, consistent with County law, any action necessary to comply with any applicable state regulation or requirement.
(c)
The local management board may apply for and receive funds from the State and other sources, including:
(1)
the Federal government;
(2)
County departments, offices, and agencies;
(3)
private donations; and
(4)
government and private grants.
(d)
However, the local management board must obtain the Council’s approval before the local management board applies for any non-government grant or donation that would exceed $500,000 in any fiscal year, that would require a County match that would exceed $10,000, or that would require the local management board to provide or fund any service after the grant or donation is fully spent. The Council, after giving the Executive a reasonable time to offer a recommendation, may indicate its approval or disapproval by any means authorized by a majority of Councilmembers.
Montgomery County, Md., Code § 2-123 (2026)
Sec. 2-123. Revocation of Designation as Local Management Board.LinkCopy Citation
The Council at any time may suspend or revoke the designation of a corporation as the local management board by resolution, adopted after at least 15 days public notice, that is approved by the County Executive or if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.
Article Vi. Reserved.
Article Vii. State'S Attorney and Assistants.
Montgomery County, Md., Code § 2-123A (2026)
Sec. 2-123A. Compensation of the State's Attorney.LinkCopy Citation
(a)
Except as provided in subsection (b), beginning on January 3, 2011, the State’s Attorney must receive an annual salary of $199,000.
(b)
Beginning on January 6, 2014, the salary of the State’s Attorney must be adjusted annually on the first Monday in January by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers for the Washington- Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.
Montgomery County, Md., Code § 2-124 (2026)
Sec. 2-124. Duties of assistant generally.LinkCopy Citation
The assistant state's attorney shall, under the direction of the state's attorney, assist in the duties and work in and about the state's attorney's office, including investigation and production of facts and evidence and the preparation of the state's cases.
Montgomery County, Md., Code § 2-125 (2026)
Sec. 2-125. Courts in which assistant's appearance may be made.LinkCopy Citation
The assistant state's attorney may appear before the justice of the peace or trial magistrates and before such other courts as the state's attorney may direct.
Montgomery County, Md., Code § 2-126 (2026)
Sec. 2-126. Appearance on behalf of state.LinkCopy Citation
The assistant state's attorney may, at the direction of the state's attorney, appear in any circuit court of the state on behalf of the state; provided, that no additional compensation shall be paid for this service.
Montgomery County, Md., Code § 2-127 (2026)
Sec. 2-127. Collection and disposition of fees.LinkCopy Citation
It shall be the duty of the sheriff to collect and pay over to the director of finance quarterly an appearance or other fee, taxed as part of the costs payable to the state's attorney in any criminal case.
Montgomery County, Md., Code § 2-128 (2026)
Sec. 2-128. Appointment of County Attorney as Assistant State's Attorney; powers, duties.LinkCopy Citation
(a)
The State's Attorney for the County may appoint the County Attorney and any Assistant County Attorney as an Assistant State's Attorney.
(b)
Assistant State's Attorneys so appointed have the same powers as an Assistant State's Attorney appointed under other applicable law and must assist the State's Attorney in prosecuting violations of:
(1)
Chapter 5 (Animal Control);
(2)
Chapter 8 (Buildings);
(3)
Chapter 22 (Fire Safety Code);
(4)
Chapter 24A (Historic Preservation);
(5)
Article 3 of Chapter 49 (Streets and Roads);
(6)
Chapter 50 (Subdivision of Land);
(7)
Chapter 59 (Zoning);
(8)
any County law, and any regulation adopted by the Council sitting as the County Board of Health;
(9)
Title 11 of the Agriculture Article of the Maryland Code, relating to standards of weights and measures; and
(10)
any other, law, rule, regulation, or ordinance adopted by the Council.
(c)
Any Assistant State's Attorney appointed under this Section must serve without additional compensation.
(d)
Nothing in this Section limits any authority of the County Attorney or an Assistant County Attorney to prosecute any violation listed in this Section as County Attorney or Assistant County Attorney. Each prosecution must be brought in the name of the State or County, as appropriate.
Article Viii. Reserved.
Montgomery County, Md., Code § 2-129-2-133 (2026)
Secs. 2-129-2-133. Repealed by 1978 L.M.C., ch. 32, § 3.LinkCopy Citation
Montgomery County, Md., Code § 2-134, (2026)
Secs. 2-134, 2-134A. Repealed by 1997 L.M.C., ch. 12, § 1.LinkCopy Citation
Article Ix. Public Facility Area Development.
Montgomery County, Md., Code § 2-135 (2026)
Sec. 2-135. Short title.LinkCopy Citation
This article shall be known and may be cited as the public facility area development law.
Montgomery County, Md., Code § 2-136 (2026)
Sec. 2-136. Findings and declaration of public purpose.LinkCopy Citation
It is hereby found and declared that Montgomery County, the State of Maryland, and other public agencies operating within Montgomery County face very large and continuing expenditures for the provision of highways, schools, health centers, rapid transit lines and stations, and other public facilities to serve a growing population; that the benefits and costs of such major public facilities may be significantly affected by securing the orderly, planned development of land adjacent to those public facilities; that the costs and benefits at issue are (1) efficiency and economy in the provision of public services, both in capital cost and in operating cost, by means of the functional use and usefulness of the public facility plus the impact of the facility upon the overall land and facility development pattern proposed in the general plan of the county, and (2) attractiveness and amenity of the physical environment, and (3) growth in the local economy and tax base. It is further found and declared that these benefits derived from orderly development adjacent to public facilities can be secured much more reliably by a process whereby land adjacent to the proposed public facility is purchased at the time that land for the facility itself is acquired, a site plan is prepared for the public facility and the adjacent land together, and the adjacent land made available at the proper time for private development according to that plan; and that the acquisition of private property for such public facility area development projects is necessary and is hereby declared to be for a public purpose.
Montgomery County, Md., Code § 2-137 (2026)
Sec. 2-137. Definitions.LinkCopy Citation
The following terms in this Article have the meanings indicated, unless a different meaning is clearly indicated in the context:
Public facility means any parcel of land of one (1) acre or more, with or without buildings or other capital improvements, devoted to public use, including roads, highway interchanges, rapid transit lines and stations, parking garages, schools, colleges, hospitals, health centers, government office buildings, fire and police stations, parks, recreation centers, golf courses, sanitary landfills, and any other significant facility whose construction is an established public purpose.
Public facility area means a public facility site plus that limited land area adjacent to an existing or proposed major public facility where at least one of the following conditions exists:
(1)
The nature of the public facility is or will be such that adjacent private development may reasonably be expected to have a definite impact on the use and usefulness of the facility and its potential contribution to the attractiveness of the environment.
(2)
There is an approved master plan of land use, transportation, and public facilities which identifies certain strategic and limited areas, the development of which for the use shown on the master plan is desirable to the implementation of the basic concepts of that master plan.
(3)
The owner of the parcel needed for the proposed public facility is unwilling to sell only that part of his land needed for the public facility alone.
(4)
One (1) public agency purposes to transfer a parcel of land to a second public agency which needs most but not all of the parcel for one (1) or more specific public facilities.
Public facility area plan means a site development plan, as it exists from time to time, specifying generally or in exact detail, as may be judged appropriate in specific instances by the county council and county executive, the location and types of land uses, activities, and improvements directed or permitted to take place both on the site occupied by the public facility and on the adjacent land acquired within the public facility area.
Public facility area development project means all of the following actions, taken in the following order:
(1)
The council holds a public hearing on the designation of a proposed public facility area. The council or county executive may propose a designation before a binding contract to purchase a public facility is signed. Any proposal to designate an area as a public facility area requires the affirmative vote of 5 members of the council for approval. The approval is subject to veto by the county executive. The council may approve the proposal over the disapproval of the county executive by the affirmative vote of 6 members;
(2)
Acquisition of land within a public facility area;
(3)
Preparation of a public facility area plan, which plan may be proposed by either the county executive or the county council;
(4)
Holding of land pending a suitable time for disposition;
(5)
Conducting a public hearing on the public facility area plan prior to disposition of any land for private development, provided, however, that any such plan shall be approved and be subject to veto and reapproval in the same manner as provided in subsection (e)(1) of this section, provided, however, that once a public facility area plan has been approved, the county executive shall execute that plan in accordance with its terms and conditions; and
(6)
Disposition of land for development according to the public facility area plan.
Montgomery County, Md., Code § 2-138 (2026)
Sec. 2-138. Powers and authority of county executive and council generally.LinkCopy Citation
(a)
The county executive for Montgomery County is hereby authorized and empowered to carry out and effectuate the purposes and provisions of this article.
(b)
Generally. To carry out public facility area development projects, which shall be limited to public facility areas.
(c)
Acquisition of land and property. To acquire by purchase, gift, option, or any other legal means, excluding condemnation, land and property of every kind and any right, title, interest, franchise, easement, or privilege therein, for use in a public facility area development project.
(d)
Plans and surveys. To make or have made all surveys and plans necessary to carry out the purposes of this article and to adopt or approve, modify and amend such plans, which plans may include but are not limited to: the identification of areas appropriate for public facility area development projects, and the preparation of public facility area plans.
(e)
Sale, lease, etc., of property acquired. To sell, lease, convey, transfer or otherwise dispose of or retain any land or property acquired in a public facility area, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity. Prior to such disposition of land, a public facility area plan shall have been prepared. Any lease or rental agreement entered into pursuant to this article, for any of the purposes or objectives contemplated by this article, is hereby declared to be exclusively for business or commercial purposes and the fee, interest, rent, or charge reserved to be paid shall not be subject to redemption by the lessee, tenant or their successors in title, except to the extent and in the manner set forth in such lease agreement. Such property shall be subject to such covenants, conditions and restrictions, including covenants running with the land as the county council and county executive may deem to be necessary or desirable to promote the orderly development of Montgomery County or to otherwise carry out the purposes of this article. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the public facility area plan, and may be obligated to comply with such other requirements as the county council and county executive may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the public facility area plan. Such real property or interest therein shall be retained, sold, leased, or otherwise transferred at no less than its fair market value for uses in accordance with the public facility area plan. In determining the fair market value of real property for uses in accordance with the public facility area plan, consideration shall be given to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the county retaining property; and the objectives of such plan for the promotion of orderly development. The conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, or encumber, or lease, or otherwise transfer the real property without the prior written consent of the county executive.
(f)
Loans, grants, gifts, etc. To apply for and accept from the United States of America, the State of Maryland, or any department or agency thereof, or any other source, any loan, grant, gift, contribution, or aid of any kind.
(g)
Other powers and procedures. Except as otherwise provided in this chapter, the powers and procedures for land acquisition, financing, including the levying of taxes and the issuance of bonds on the full faith and credit of the county, the construction of improvements, and land disposition shall be as defined and established in chapter 2 of the Montgomery County Code, 1965, and amended from time to time.
(h)
Powers of other agencies. Nothing in this chapter shall be construed in any way to abrogate or curtail the powers of other public agencies or officers to select sites and to acquire and develop land in accordance with the provisions of the Annotated Code of Maryland or the Montgomery County Code.
Article X. Office of Zoning and Administrative Hearings.
Montgomery County, Md., Code § 2-139 (2026)
Sec. 2-139. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-140 (2026)
Sec. 2-140. Powers, duties and functions.LinkCopy Citation
(a)
The Office of Zoning and Administrative Hearings must:
(1)
schedule and conduct public hearings on any appeal or other matter assigned by law or by the County Council, County Executive, or other officer or body authorized to assign matters to a hearing examiner;
(2)
issue a subpoena, enforceable in any court with jurisdiction, when necessary to compel the attendance of a witness or production of a document at any hearing, and administer an oath to any witness;
(3)
allow each party in any hearing a reasonable opportunity to cross examine each witness not called by that party on matters within the scope of that witness' testimony;
(4)
forward a written report, with a recommendation for decision, to the body that assigned the matter, including findings of fact and conclusions of law where required or appropriate;
(5)
adopt regulations, subject to Council approval under method (2), to govern the conduct of public hearings and other activities of the Office.
(b)
The Office may act as an administrative office or agency designated by the District Council, as prescribed in Division II of the Land Use Article of the Maryland Code.
(c)
The Office may hear, and submit a written report and decision to the specified officer or body on, any:
(1)
application to initiate, modify or revoke a special exception or conditional use, as provided in Chapter 59;
(2)
designation by the County Council of a geographic area as a community redevelopment area;
(3)
matter referred by the Board of Appeals under Section 2-112(b); or
(4)
waiver or objection to a finding made by the Director of the Department of Housing and Community Affairs concerning an application for an accessory dwelling unit rental housing license under Section 29-26.
(d)
When the County Executive or a designee must conduct an administrative hearing under any law, the Executive may authorize the Office of Zoning and Administrative Hearings to conduct the hearing or any particular class of hearings.
Article Xi. Boards, Committees and Commissions.
Montgomery County, Md., Code § 2-141 (2026)
Sec. 2-141. Scope of article.LinkCopy Citation
It is the intent of the council to establish a uniform system for classifying all groups of the county government and for prescribing procedures for their operation. This article must therefore apply to all existing and newly created groups which function as a part of the county government, including all groups established by law, resolution, and executive order. Wherever a conflict exists between this article and state law, the state law must control. It is the intent of the council that any substantive law which creates a group covered by this act shall not be diminished or the group's responsibilities reduced in any manner whatsoever. Wherever a conflict exists between this article and existing county law, the prior county law shall control.
Montgomery County, Md., Code § 2-142 (2026)
Sec. 2-142. Definitions.LinkCopy Citation
The following terms wherever used or referred to in this article shall have the following meanings:
Board means a semi-autonomous body established by federal, state or county law. A board is a formal committee with structure, duties and powers established by law. A board usually performs a quasi-judicial function, licensing, or regulation.
Commission means a body established by local law to study and recommend action to the Executive or the Council. A commission is a formal, standing committee with structure, duties and powers established by law. A commission often has an administrative or functional responsibility, such as reviewing land use plans or studying the supply of low and moderate priced housing.
Committee means a body appointed with a specific task or function. A committee makes recommendations and forwards them for appropriate action. A committee is advisory in nature and can be either a formal (standing) committee established by law or resolution, or an informal (ad hoc) committee. A committee may oversee and advise in service areas, such as housing and transportation, or it may advise the Executive or Council on specific issues and recommend policy direction.
Compensation means payment for services rendered as a committee member; it shall not include reimbursement for actual expenses incurred as a committee member.
Group means any board, committee, commission, task force, or any similar body established by federal, state, or county law, resolution or executive order, which functions as a part of the County government.
Task Force means a body appointed to study or work on a particular subject or problem. A task force ceases to exist upon completion of its charge.
Montgomery County, Md., Code § 2-143 (2026)
Sec. 2-143. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 2-144 (2026)
Sec. 2-144. Budget.LinkCopy Citation
Each group's staff and yearly allocation of funds, if any, must be indicated in the budget and no group must spend more than its budgeted amount. The appointing authorities must furnish such staff support as deemed necessary for each group which does not have its own staff provided for in the budget.
Montgomery County, Md., Code § 2-145 (2026)
Sec. 2-145. Compensation; reimbursement.LinkCopy Citation
(a)
Unless a law expressly precludes compensation, the Council may establish compensation for members of a particular group by an appropriation that funds a line item in the budget. An appropriation may establish levels of compensation by categories or subcategories or groups.
(b)
Unless another method of compensation is established, a group member is compensated for each day that the member works on group business after the member is authorized to do the work by the group or the presiding officer of the group.
(c)
Whether or not a group member is compensated for serving on the group, the member may request reimbursement for travel and dependent care. The rate of reimbursement is established in an appropriation.
(d)
A group member must not be compensated or reimbursed for travel or childcare expenses if appropriated funds are not available.
Montgomery County, Md., Code § 2-146 (2026)
Sec. 2-146. Terms of boards, committees, commissions, and task forces.LinkCopy Citation
(a)
The law, resolution, or executive order establishing or continuing any board, committee, commission, or task force should specify the term of the group's existence. If no term is specified, then the board, committee, commission, or task force continues until terminated. The County Executive should monitor the expiration date of those boards, committees, commissions, and task forces that the County Executive appoints. The County Council should monitor the expiration date of those boards, committees, commissions, and task forces that the County Council appoints.
(b)
Any new board, committee, commission, or task force should have from 5 to 15 voting members.
(c)
Evaluation and Review Board Committee.
(1)
The County Executive must appoint and convene at least every 6 years, subject to confirmation by the Council, a citizens review committee comprised of at least 11 members.
(2)
The Committee must review the group system and each then-existing board, committee, commission, and task force and report to the Executive and Council its recommendations for changes in individual boards, committees, commissions, and task forces and the group system as a whole. The Committee must submit an interim report to the Executive and Council within 6 months of appointment and submit a final report within 12 months of appointment.
(3)
The County Executive must designate the review committee’s chair and vice-chair.
Sec. 2. Contents of Committee Evaluation and Review Board Report. As part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must:
(a)
develop scenarios for reduction of County staff time used to support the committees; and
(b)
include a discussion of advisory board member workload.
Sec. 3. Continuation of certain board, committees, and commissions:
(a)
Purpose. The County has many boards, committees, and commissions that provide a valuable service to the County with the work they perform. These boards, committees, and commissions require significant personnel and operating costs to function. In Fiscal Year 2011, the County spent an approximate $1.4 million on personnel and operating costs to support the County’s boards, committees, and commissions. While these boards, committees, and commissions provide a valuable service, there may be opportunities for consolidation.
(b)
Continuation.
(1)
In this section, the following words have the meanings indicated:
Advisory board means the following boards, committees, and commissions: Advisory Committees on Consumer Protection, Agricultural Advisory Committee, Airpark Liaison Committee, Cable and Communications Advisory Committee, Commission for Women, Commission on Aging, Commission on Child Care, Commission on Children and Youth, Commission on Health, Commission on Juvenile Justice, Commission on People with Disabilities, Commission on Veterans Affairs, Committee for Ethnic Affairs, Committee on Hate/Violence, County- wide Recreation Advisory Board, Criminal Justice Coordinating Commission, Department of Permitting Services Advisory Committee, Dickerson Area Facilities Implementation Group, Domestic Violence Coordinating Council, Down County Recreation Advisory Board, East County Citizens Advisory Board, East County Recreation Advisory Board, Energy and Air Quality Advisory Committee, Fire and Emergency Services Commission, Forest Conservation Advisory Committee, Friendship Heights TMD Advisory Committee, Library Board, Mental Health Advisory Committee, Mid-County Citizens Advisory Board, Mid-County Recreation Advisory Board, Montgomery Cares Program Advisory Board, Noise Control Advisory Board, Pedestrian and Traffic Safety Advisory Committee, Rustic Roads Advisory Committee, Silver Spring Citizens Advisory Board, Silver Spring Transportation Management District Advisory Committee, Silver Spring Urban District Advisory Committee, Solid Waste Advisory Committee, Sustainability Working Group, Taxicab Services Advisory Committee, Technology Investment Fund Loan/Grant Committee, Upcounty Citizens Advisory Board, Upcounty Recreation Advisory Board, Victim Services Advisory Board, Water Quality Advisory Group, Western Montgomery County Citizens Advisory Board, Wheaton Urban District Advisory Committee.
Committee Evaluation and Review Board means the Board appointed under § 2-146.
(2)
Each advisory board must indicate to the Committee Evaluation and Review Board, within 60 days after the Committee Evaluation and Review Board is appointed, if the advisory board should continue. Each advisory board that so indicates must provide the Committee Evaluation and Review Board with the following:
(A)
a description of the work the advisory board does;
(B)
justification for why the advisory board should be continued;
(C)
a list of accomplishments from the prior 2 years, including any direct service provided by volunteers to residents;
(D)
a discussion of advisory board member workload;
(E)
a 2-year work program; and
(F)
an explanation of the amount of government resources, including County employee staff time, used and a plan to reduce the use of those resources.
(3)
In addition to the duties in § 2-146, as part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must review each advisory board that requests continuation under subsection (b)(2) and recommend to the Council whether the advisory board should continue.
Montgomery County, Md., Code § 2-147 (2026)
Sec. 2-147. Group reports; by-laws.LinkCopy Citation
(a)
The law or resolution establishing a board, committee, commission, or task force may specify the dates when reports are due from the group and the subjects to be included in the reports. If the law or resolution is silent on the dates when reports are due, the board, committee, commission, or task force must submit an annual report on November 30 of each year to the Executive and Council containing a description of the group’s functions, activities, accomplishments, plans and objectives, including recommendations for changes in group functions.
(b)
The Chief Administrative Officer may prescribe a format to be followed by groups in their annual report.
(c)
The Chief Administrative Officer may adopt binding guidelines, consistent with law, for the organizational structure and internal procedures of groups in the Executive branch of County government.
(d)
When any group in the Executive branch adopts by-laws or any other form of internal procedures, the Chief Administrative Officer must send a copy to the Council.
Montgomery County, Md., Code § 2-148 (2026)
Sec. 2-148. Appointments, removals, and training.LinkCopy Citation
(a)
Appointments.
(1)
In making appointments to groups, the appointing authority should consider the following criteria: interest, diversity of background and professions, relevant experience and expertise, and geographic balance. To promote broad participation, no individual should ordinarily serve more than 2 consecutive full terms or serve on more than one group at any one time. However, an individual may serve on more than one group at the same time if the law that created a committee requires or allows a member of that group to be selected from members of another County group.
(2)
Any individual who has served 2 full terms on a group is not eligible to serve on the same group until one year has elapsed. The appointing authority may waive this restriction if:
(A)
no other qualified applicant is available; or
(B)
other unique circumstances justify the reappointment of the particular individual.
(3)
Unless another term is established by the law, resolution, or executive order creating the group, the standard term for each appointment is 3 years, after any initial staggered term.
(4)
A member must not continue to serve on a group after the member’s term has expired, and a successor has not been appointed and confirmed, for more than 6 months unless:
(A)
another law expressly authorizes the member to serve longer; or
(B)
the Executive has notified the Council why the member will continue to serve on the group.
(b)
Removal for absenteeism.
(1)
A member of a group who misses more scheduled meetings or hearings than the number of allowed absences, computed by the following table, or who misses 3 consecutive scheduled meetings, is automatically removed. Scheduled meeting or hearing means any meeting or hearing for which at least 7 days advance notice was given and which was held as scheduled
Number of Meetings Held in One Year | Allowed Absences
1-4 | 1
5-8 | 2
9-12 | 3
13-16 | 4
17+ | 5
(2)
An automatic removal under this subsection takes effect 30 days after the presiding officer notifies the appointing authority. The presiding officer of the group must promptly notify the appointing authority of any member who has been automatically removed and must explain any known extenuating circumstances. The presiding officer should send a copy of the notice to each member of the group.
(3)
The appointing authority, on request of the affected member, may waive the removal for illness, emergency or other good cause. The appointing authority must notify the member whether a waiver has been granted.
(4)
If a waiver has not been granted, the appointing authority must appoint a successor to complete the unexpired term, subject to Council confirmation if the original appointment was subject to Council confirmation.
(c)
Other causes for removal.
(1)
The appointing authority may remove a group member for:
(A)
neglect of duty;
(B)
misconduct in office;
(C)
a member’s inability to perform the duties of the office;
(D)
conduct that impairs a member from performing the duties of the office; or
(E)
violation of law.
(2)
Before a member is removed, the appointing authority must:
(A)
notify the member in writing of the reason for removal; and
(B)
give the member an opportunity to submit reasons why the member should not be removed.
(3)
If any other provision of law requires the Council’s approval before a member is removed, that provision applies to a removal under this Section.
(4)
If Council approval is not required before a member is removed, the appointing authority must notify the Council before the removal takes effect.
(d)
Each member of a group must complete training on the Maryland Open Meetings Act, basic parliamentary procedure, and the Montgomery County Public Ethics Law. The Executive must establish standards for this training by method 2 regulation.
Montgomery County, Md., Code § 2-149 (2026)
Sec. 2-149. Procedures at meetings.LinkCopy Citation
Unless a group meeting is subject to Chapter 2A, a meeting may be conducted informally. The parliamentary procedures of Robert's Rules of Order govern when it is necessary to take formal action or decide controversial matters. Group meetings must be open to the public in accordance with the state open meetings law.
Montgomery County, Md., Code § 2-149A (2026)
Sec. 2-149A. Open meetings – supplemental requirements.LinkCopy Citation
(a)
Open Meetings Act – additional requirements. A group must comply with the requirements under this section, in addition to the requirements under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended.
(b)
Notices of meetings.
(1)
Except as provided under paragraph (3), a group must publish the notice required under Section 3-302 of the Open Meetings Act:
(A)
within 5 business days after the group has determined the meeting date; and
(B)
at least 2 calendar days before the meeting.
(2)
If a meeting will include virtual access, the group must publish how the public may attend the meeting virtually.
(3)
If the requirements of paragraph (1) cannot be met due to an emergency, a group must:
(A)
publish the notice at least 24 hours in advance of the meeting; and
(B)
indicate in the notice that the meeting is an emergency meeting.
(c)
Meeting agendas.
(1)
Except as provided under paragraph (2), a group must publish the agenda of a meeting under Section 3-302.1 of the Open Meetings Act:
(A)
within 5 business days after the group has determined the agenda; and
(B)
at least 2 calendar days before the meeting.
(2)
If the requirements of paragraph (1) cannot be met due to an emergency, a group must:
(A)
publish the agenda at least 24 hours in advance of the meeting; and
(B)
indicate on the agenda that the meeting is an emergency meeting.
(3)
If the requirements of paragraph (2) cannot be met due to an emergency declared by the Governor of Maryland or the County Executive, a group must:
(A)
publish the agenda as soon as practicable in advance of the meeting; and
(B)
indicate on the agenda that the meeting is an emergency meeting.
(d)
Meeting minutes and recordings.
(1)
Within 5 business days after it meets, a group must publish, if the group recorded the full meeting, a file of the recording, or a link to the recording.
(2)
Within 5 business days after approving meeting minutes, a group must publish the approved minutes under Section 3-306 of the Open Meetings Act.
(e)
Compliance and reporting requirements.
(1)
The County department or office assigned to staff a group must ensure the group’s compliance with the requirements of this section.
(2)
A group member, or member of the public, may complain to an office or department designated by the County Executive if a group does not comply with the requirements of this section.
(3)
The designated office or department:
(A)
may consult with the group, and staff assigned to the group, to address compliance issues under this section; and
(B)
must report in writing to the Council, on a quarterly basis, regarding complaints received under this section and the resolutions of those complaints.
(4)
Nothing in this Section prevents an individual from submitting a complaint to the state Open Meetings Compliance Board under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended.
Article Xii. People'S Counsel.
Montgomery County, Md., Code § 2-150 (2026)
Sec. 2-150. People's Counsel-Functions.LinkCopy Citation
(a)
Purpose. Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.
(b)
Authority; duties. To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Counsel may participate in a proceeding before:
(1)
the Board of Appeals if the proceeding involves a variance or a special exception;
(2)
the County Council (solely for oral argument) or the Hearing Examiner for the County Council if the matter involves a local map amendment, a floating zone plan approved under the zoning process or a conditional use; and
(3)
the Planning Board if the proceeding involves action on an optional method development, a subdivision plan including a subdivision plan for a cluster development, or a site plan.
The People's Counsel may also file a complaint under Section 59-G-1.3(b) alleging failure to comply with a special exception, or may seek a modification of a special exception under Section 59-G-1.3(c) or a revocation of a special exception under Section 59-G-1.3(e).
(c)
Restrictions. The People's Counsel must not participate in any legislative proceeding, or in any proceeding before a board or agency of any municipality in the County.
(d)
Participation. The People's Counsel is a party in a proceeding under subsection (b) once the People's Counsel files a notice of intention to participate. After the notice is filed, the People's Counsel is entitled to all notices to a party and may participate by making motions, introducing evidence, calling witnesses, examining and cross-examining witnesses, and making arguments as the law and the evidence in the proceeding warrant. The People's Counsel may file and argue an appeal the same as any other party to the proceeding.
(e)
Independent status. The People's Counsel must not represent the County, any government agency, or any private party in any proceeding. The People's Counsel is not subject to the authority of the County Attorney.
(f)
Notice. If the People's Counsel intends to participate in a proceeding, the People's Counsel must give all parties a notice of intention to participate.
(g)
Discretion. In the People's Counsel's discretion, the People's Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate under subsection (b). The People's Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
(h)
Technical assistance. Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Counsel may provide technical assistance to any person about a proceeding listed in subsection (b). When providing technical assistance under this subsection, the People's Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
(i)
Coordination. The People's Counsel must coordinate the services of its office with those offered by land use information staff in the Council, Board of Appeals, and Planning Board, to avoid inconsistency and duplication and to maximize the assistance offered to citizens.
(j)
Annual report. The People's Counsel must annually report to the Council on the activities of the office.
Article Xiii. Inspector General.
Montgomery County, Md., Code § 2-151 (2026)
Sec. 2-151. Inspector General.LinkCopy Citation
(a)
Goals. The goals of the Inspector General are to:
(1)
review the effectiveness and efficiency of programs and operations of County government and independent County agencies;
(2)
prevent and detect fraud, waste, and abuse in government activities; and
(3)
propose ways to increase the legal, fiscal, and ethical accountability of County government departments and County-funded agencies.
(b)
Appointment. The County Council must appoint an Inspector General for a term of 4 years, as provided in subsection (c). Unless the Council reappoints the incumbent, the Council must select the Inspector General from a list of at least 3 qualified persons submitted by an Inspector General nominating panel, consisting of no less than 3 and no more than 5 County residents designated by the Council by resolution. If the Council does not select one of the persons submitted by the nominating panel, the panel must submit another list of at least 3 other qualified persons. The members of the nominating panel must not be employed by the County or any independent County agency during their service on the panel.
(c)
Term. The term of each Inspector General begins on July 1 of the third year after an Executive and Council are elected, and ends on June 30 of the third year after the next Executive and Council are elected. An Inspector General must not serve more than two full 4-year terms, not including any time served as Inspector General to complete an unexpired term. The Council must appoint an Inspector General to complete a term if the Inspector General resigns, dies, or is removed from office. If the term of the Inspector General expires or the position is otherwise vacant, the senior professional staff member, if any, in the Office of the Inspector General serves as acting Inspector General until an Inspector General is appointed.
(d)
Qualifications. The Inspector General must be professionally qualified, by experience or education, in auditing, government operations, or financial management, and must be selected solely on the basis of professional ability and personal integrity, without regard to political affiliation.
(e)
Removal. The Council may remove the Inspector General by resolution adopted by the affirmative vote of 7 Councilmembers for neglect of duty, malfeasance, conviction of a felony, or other good cause. Before the Council adopts a resolution of removal, the Council or its designee must hold a public hearing if the Inspector General requests a hearing within 10 days after receiving notice of proposed removal from the Council.
(f)
Budget. By 6 months after the Inspector General is appointed, the Inspector General must submit to the Executive and Council a projected budget for the Office of the Inspector General for the entire 4-year term. In the resolution approving the operating budget for the next fiscal year, the Council must also recommend a projected budget for the Office of the Inspector General for the 3 following fiscal years. The Council must specify in any later budget resolution how the Office budget for that fiscal year differs from the projected budget the Council previously recommended.
(g)
Staff; Legal Counsel.
(1)
The Inspector General may, subject to appropriation and all applicable merit system laws and regulations, appoint as a term merit employee one or more deputies and each of the other staff of the Office of the Inspector General as a merit employee. The term of each deputy should end when the next Inspector General takes office unless the Inspector General specifies a shorter term when appointing the term merit employee. The Inspector General may also, subject to appropriation, retain project staff or other consultants by contract. The Inspector General may, with the agreement of the head of any other government department or agency, temporarily detail an employee of that department or agency to the Office of the Inspector General.
(2)
The County Attorney must provide legal services to the Inspector General, and may employ special legal counsel for the Inspector General under Section 213 of the Charter.
(3)
The Inspector General may employ and be represented by a special legal counsel who is not subject to the authority of the County Attorney, or may obtain legal services from persons outside the Office of the County Attorney, without the approval of the County Attorney if:
(A)
the Inspector General finds that obtaining independent legal services is necessary to effectively perform his or her duties;
(B)
the County Attorney has had a reasonable opportunity to comment on the qualifications of the person or firm that the Inspector General has selected to provide those services; and
(C)
the County Council approves the Inspector General’s decision to obtain independent legal services and appropriates sufficient funds to cover the cost of the legal services.
(h)
Powers and Duties.
(1)
The Inspector General must attempt to identify actions which would enhance the productivity, effectiveness, or efficiency of programs and operations of County government and independent County agencies. In developing recommendations, the Inspector General may:
(A)
conduct investigations, budgetary analyses, and financial, management, compliance, or performance audits and similar reviews; and
(B)
seek assistance from any other government agency or private party or undertake any project jointly with any other governmental agency or private body.
(2)
The Inspector General must:
(A)
conduct a systematic risk-based rotating group by group review of the County’s internal accounting and contracting processes and controls used by each department and principal office in the Executive Branch; and
(B)
conduct audits of high risk County contracts and agreements.
(3)
The Inspector General may review or audit any County contract or agreement if the Inspector General determines that review or audit is in the public interest. The required duties described in paragraph (2) must not be construed to limit the powers and duties of the Inspector General established in paragraph (1).
In each project of the Office, the Inspector General should uphold the objective of complying with applicable generally accepted government auditing standards.
(i)
Work plan. The Inspector General must direct the activities of the Office of the Inspector General, subject to a work plan for the Inspector General’s 4-year term which the Inspector General must adopt within 6 months after being appointed. The Inspector General may amend the plan during a term. The Inspector General must consider recommendations and may seek suggestions for the work plan from the Executive, the County Council, the head of each independent County agency, employees of County government and independent County agencies, employee organizations, and individual residents. The work plan must include the systematic review and audits required in subsection (h). The Inspector General must release the work plan to the public but may treat any item or suggestion for an item as confidential when advance public or agency knowledge of that item or suggestion would frustrate or substantially impede the work of the Office.
(j)
Coordination. The Inspector General should consult with the Director of the Office of Legislative Oversight to assure that the work of the Inspector General complements but does not duplicate the work assigned by the Council to the Office of Legislative Oversight, as well as audits and other evaluations conducted by other departments and agencies. The Inspector General may review any audit or program evaluation performed by or on behalf of any County department or agency, and may seek comments from the same or any other department or agency.
(k)
Reports.
(1)
The Inspector General must submit by October 1 each year an annual report to the Council and the Executive on the activities of the Office and its major findings and recommendations during the previous fiscal year.
(2)
When the Inspector General completes a workplan item, the Inspector General must submit a written report on that item to the County Council, the Executive and the director of each affected department or agency. The report must describe the purpose of the project, the research methods used, and the Inspector General’s findings and recommendations. Each affected department or agency must be given a reasonable opportunity to respond to the Inspector General’s final draft of each report. After giving the Executive and the Council a reasonable opportunity to review the report, the Inspector General must release the report to the public, subject to the state public information act. The public report must include the agency’s response. The Inspector General may keep any report prepared under this paragraph, and any information received in connection with that report, confidential until the report is released to the public.
(l)
Access to information.
(1)
The Inspector General is legally entitled to, and each department or office in County government and each independent County agency, including each officer, employee, and contractor of the department, office, and agency, must promptly give to the Inspector General, any document or other information concerning its operations, budget, or programs that the Inspector General requests. The Inspector General must comply with any restrictions on public disclosure of the document or information that are required by federal or state law.
(2)
To perform the duties of the office, the Inspector General may issue a subpoena to require:
(A)
any person to appear under oath as a witness; or
(B)
the production of any information, document, report, record, account, or other material.
(3)
The Inspector General may enforce any subpoena issued under this Section in any court with jurisdiction.
(4)
Each employee or contractor of a County department or agency should report any fraud, waste, or abuse, to the Office of the Inspector General. After receiving a report or other information from any person, the Inspector General must not disclose that person’s identity without the person’s consent unless that disclosure is necessary to complete an audit or investigation.
(5)
An employee of the County government or any instrumentality of the County, an employee of any contractor or subcontractor with the County or any instrumentality of the County, and any individual who makes a complaint to the Inspector General must not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Inspector General in connection with any activity of that Office under this Section.
(m)
Compliance. Each of the following acts is a Class A violation:
(1)
withholding or refusing to respond to a valid request for documents or information under this Section;
(2)
giving false or misleading information in connection with any audit, study, or investigation under this Section;
(3)
retaliating or threatening to retaliate against any person for filing a complaint with the Inspector General, furnishing information, or cooperating in any audit, study, or investigation under this Section.
(n)
Definition. As used in this Section, "independent County agency" means:
(1)
the County Board of Education and the County school system;
(2)
Montgomery College;
(3)
the Housing Opportunities Commission;
(4)
the County Revenue Authority; and
(5)
any other governmental agency (except a municipal government or a state- created special taxing district) for which the County Council appropriates or approves funding, sets tax rates, makes levies, or approves programs or budgets.
(o)
Council responsibility. The Council must ensure that the operating budget for the Office of the Inspector General is sufficient to provide the services required by this Section.
Montgomery County v. Shropshire, 420 Md. 362, 23 A.3d 205 (2011) discusses access to records by the Inspector General under the Maryland Public Information Act.
Montgomery County, Md., Code § 2-151A (2026)
Sec. 2-151A. Montgomery County.LinkCopy Citation
The County Council may, by local law, grant to the Inspector General the same authority over the following entities that the Inspector General has over a department of County government:
(1)
the Housing Opportunities Commission of Montgomery County;
(2)
Montgomery College; and
(3)
the Montgomery County Board of Education and the public schools located in Montgomery County.
Article Xiv. Open Data.
Montgomery County, Md., Code § 2-152 (2026)
Sec. 2-152. Title.LinkCopy Citation
This Article is known as the “Montgomery County Open Data Act.”
Montgomery County, Md., Code § 2-153 (2026)
Sec. 2-153. Definitions.LinkCopy Citation
In this Article, the following words and phrases have the following meanings:
Agency means any department or office of the County government.
Data means the final version of digital information.
(a)
(i)
in a structured, statistical, or alphanumeric form (i.e., list, table, graph, chart, or other non-narrative form) that can be digitally transmitted or processed; or
(ii)
in an unstructured, factual, or content form (i.e., fact sheet, memorandum, press release, compliance guidance, manual, or other narrative form) that can be digitally transmitted or processed; and
(b)
regularly created or maintained by or on behalf of and owned by an agency that records a file, measurement, transaction, or final decision related to the mission of an agency.
Data does not include any information provided to an agency by another government entity; or any image file, such as a design, drawing, map, photo, or scanned copy of an original document.
Maryland Public Information Act or Act means the Maryland Public Information Act, codified at Sections 10-611 through 10-630 of the State Government Article of the Maryland Code.
Measurement means to quantify any characteristic of an observable event, occurrence, or object by comparison to a reference standard.
Open Data Implementation Plan means a plan developed by the Chief Administrative Officer to implement this Article and as further described in Section 2-158.
Open standard means a technical standard developed and maintained by a voluntary consensus standards body that is available to the public without royalty or fee.
Public data set means data identified as eligible for publication by the Open Data Implementation Plan.
Public data set does not include any portion of a data set that is not subject to disclosure under any Federal or State law, including the Maryland Public Information Act.
Technical standard means:
(a)
the common and repeated use of a rule, condition, guideline, or characteristic for any product or related process and production method, and related management systems practice; and
(b)
(1)
the definition of a term;
(2)
classification of a component;
(3)
delineation of a procedure;
(4)
specification of dimension, material, performance, design, or operation;
(5)
measurement of quality and quantity in describing any material, process, product, system, service, or practice;
(6)
test method and sampling procedure; or
(7)
description of fit and measurement of size or strength.
Transaction means any interaction between an agency and any person related to the mission of an agency.
Voluntary consensus standards body means a domestic or international organization that develops and maintains a technical standard that uses a transparent deliberative process, permits the participation of any party, and achieves general consensus, although not necessarily unanimity, of the participating parties, including a process to attempt to resolve any difference in viewpoint.
Montgomery County, Md., Code § 2-154 (2026)
Sec. 2-154. Public data set availability.LinkCopy Citation
(a)
The County must make some public data sets available on a single web portal on the Internet within 1 year after this Article takes effect. Every agency must make at least one public data set available to be published on a single web portal within the timeframe prescribed by the Open Data Implementation Plan. The Open Data Implementation Plan must assign and prioritize by subcategories the order in which public data sets should be published. To prioritize public data sets in the Open Data Implementation Plan, the Chief Administrative Officer must consider whether information embodied in the public data set:
(1)
can be used to increase agency accountability and responsiveness;
(2)
improves public knowledge of the agency and its operations;
(3)
furthers the mission of the agency;
(4)
creates economic opportunity; or
(5)
responds to a need or demand identified by public consultation.
(b)
Any published public data set that an agency makes available on the Internet must be accessible through a single web portal that is linked to www.montgomerycountymd.gov or any successor website maintained by, or on behalf of, the County.
(c)
A public data set must be made available as specified in technical standards.
(d)
A public data set must be published in a format that permits automated processing and must make use of appropriate technology to notify the public of all updates.
(e)
Once published, a public data set must be updated as often as is required by the Open Data Implementation Plan.
(f)
A published public data set must be made available without any registration or license requirement or restriction on use. However, the County may require a third party providing to the public any public data set, or application utilizing that data set, to explicitly identify the source and version of the public data set and describe any modification made to that data set. In this Section, registration or license requirement or restriction does not include any measure required to:
(1)
assure access to a public data set;
(2)
protect the single web site housing a public data set from unlawful abuse or an attempt to damage or impair use of the web site; or
(3)
analyze the type of data being used to improve service delivery.
(g)
A published public data set must be accessible to external search capabilities.
(h)
Nothing in this Article prohibits an agency from:
(1)
voluntarily disclosing information not otherwise defined as data; or
(2)
making voluntarily disclosed information accessible through the single web portal.
(i)
The Open Data Implementation Plan must address when and how an agency may change or terminate collection of data or remove the public data set from public access.
(j)
The Open Data Implementation Plan must address appropriate staffing to manage the published public data sets.
Montgomery County, Md., Code § 2-155 (2026)
Sec. 2-155. Web portal administration.LinkCopy Citation
(a)
The Open Data Implementation Plan must address measures to maintain bandwidth availability of the web portal.
(b)
The County must conspicuously publish the open data policy in Section 2-156 on the web portal.
(c)
The County must implement a mechanism to solicit public feedback and encourage public discussion on open data policies and public data set availability on the web portal.
(d)
An agency must consider any request that it receives through the public feedback mechanism to include a particular public data set when making any determination as to priority for public data set inclusion on the single web portal. An agency’s consideration of such a request must defer to the priority assigned to publication by the Open Data Implementation Plan.
Montgomery County, Md., Code § 2-156 (2026)
Sec. 2-156. Open data policy.LinkCopy Citation
(a)
A public data set made available on the web portal is provided for informational purposes. The County makes no express or implied warranty as to the completeness, accuracy, content, merchantability, or fitness for any particular purpose or use of any public data set made available on the web portal.
(b)
The County is not liable for any deficiency in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set, or application utilizing the data set, provided by any third party.
(c)
This Article and the Open Data Implementation Plan do not create a private right of action to enforce their provisions. Failure to comply with this Article or the Open Data Implementation Plan must not result in liability to the County.
Montgomery County, Md., Code § 2-157 (2026)
Sec. 2-157. Internet data set policy and technical standards.LinkCopy Citation
(a)
Within 180 days after this Article takes effect, the County must prepare and publish a technical standards manual for the publishing of a public data set in raw or unprocessed form through a single web portal by an agency to make public data available to the greatest number of users and for the greatest number of applications. The manual:
(1)
must use open standards for web publishing and e-government, whenever practicable.
(2)
must identify the reason why each technical standard was selected and to which types of data it applies;
(3)
may recommend or require that data be published in more than one technical standard; and
(4)
must include a plan to adopt or utilize a web application programming interface that permits application programs to request and receive public data sets directly from the web portal.
(b)
The County must update the manual as necessary.
(c)
The County must consult with appropriate voluntary consensus standards bodies and, when participation is feasible, in the public interest, and is compatible with agency and departmental missions, authorities, and priorities, participate with such bodies in the development of technical and open standards.
Montgomery County, Md., Code § 2-158 (2026)
Sec. 2-158. Open Data Implementation Plan.LinkCopy Citation
(a)
Within 18 months after this Article takes effect, the Chief Administrative Officer must issue, via Method (2) regulation, an Open Data Implementation Plan. The Plan must:
(1)
include a summary description of a public data set under the control of each agency on or after this Article takes effect;
(2)
prioritize the public data sets for inclusion on the single web portal on or before December 31, 2018, under the standards adopted by the County under Section 2-157; and
(3)
create a timeline for their inclusion on the single web portal.
(b)
If a public data set cannot be made available on the single web portal on or before December 31, 2018, the Open Data Implementation Plan must state the reason why the set cannot be made available, and, to the extent practicable, the date by which the agency in possession of the public data set believes that it will be available on the single web portal.
(c)
No later than July 15, 2015, and every July 15 thereafter, the Chief Administrative Officer must submit to the Executive and Council, and post on the web portal, a report on the Open Data Implementation Plan until all public data sets to be published have been made available through a single web portal as required by this Article. The report must explain:
(1)
the specific measures taken to make a public data set available on the single web portal since the previous report;
(2)
any specific measure that will be taken before the next report;
(3)
whether the list of public data sets, outlined in the Open Data Implementation Plan should be updated;
(4)
whether the prioritization of public data sets in the Open Data Implementation Plan should be changed; and
(5)
whether the timeline outlined in the Open Data Implementation Plan for the inclusion of a public data set on the single web portal, should be changed.
(d)
If a previously unidentified public data set cannot be made available on the single web portal on or before December 31, 2018, the report must explain why it cannot and, to the extent practicable, specify the date by which the agency in possession of the public data set believes that the public data set will be available on the single web portal.
Montgomery County, Md., Code § 2-159 (2026)
Sec. 2-159. Public Information Act Responses.LinkCopy Citation
(a)
Definitions. In this Section, the following words and phrases have the following meanings:
County means Montgomery County and includes any Executive Branch department or office and any Legislative Branch office.
Legislative Branch office means any office identified in Section 1A-203(b), the Board of Appeals, and the Merit System Protection Board.
Information request means a request for documents submitted to the County under the Maryland Public Information Act.
(b)
The Chief Administrative Officer must identify in the Open Data Implementation Plan what data elements and a schedule to make available on the web portal for information relating to the implementation of the Maryland Public Information Act by the County.
(c)
The Legislative Branch must post all data elements, as identified by the Open Data Implementation Plan, on the same single web portal used by the Executive Branch.
(d)
The Chief Administrative Officer’s report required by Section 2-158 must include an update on implementation of this Section.
Article Xv. Immigrant Protections
Montgomery County, Md., Code § 2-160 (2026)
Sec. 2-160. Promoting Community Trust (Immigrant Protections).LinkCopy Citation
(a)
Short title; legislative findings; purpose; and construction.
(1)
Short title. This section may be known as the “Promoting Community Trust - Immigrant Protections Act”.
(2)
Findings.
(A)
Montgomery County is one of the most diverse counties in the United States, with a thriving immigrant community representing more than 30 percent of the County’s population. Consistent with the vision of creating a more equitable and inclusive County, it is vital that all residents of the County feel safe and welcomed and have access to the many resources which make the County an exceptional place to live.
(B)
It is especially important that all County residents feel safe contacting police and other County law enforcement officials without fear that such contact could lead to negative consequences for themselves or their family members. Any perception that such contact could lead to negative immigration consequences for an individual or member of their family undermines that goal and erodes public safety.
(C)
Enforcing federal immigration law is the responsibility of the federal government of the United States and it is not in the interests of Montgomery County to utilize its limited resources to facilitate the enforcement of federal civil immigration law.
(3)
Purpose. This Section is intended to ensure that:
(A)
immigrant and otherwise vulnerable communities engage with County departments, including public safety departments, with assurance that such engagement will not be used to assist in civil immigration enforcement or a discriminatory practice;
(B)
the constitutional rights of immigrant County residents are not violated; and
(C)
County benefits and services are provided to residents regardless of country of birth or immigration status.
(4)
Construction. This Section must not be construed:
(A)
to prevent or limit the County’s enforcement of criminal law or cooperation regarding the enforcement of criminal law;
(B)
to prevent the County from sending to or receiving from any local, state, or federal agency information regarding the citizenship or immigration status of an individual if required by state or federal law; or
(C)
in a manner that violates state or federal law.
(b)
Definitions. In this Section, the following terms have the meanings indicated.
Agent means any person employed by or acting on behalf of a Department.
Civil administrative warrant means an immigration order of arrest, order to detain or release a foreign national, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document, including those issued by the United States Department of Homeland Security or any other federal immigration official or agency, including an immigration judge, that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose.
Civil administrative warrant includes DHS Form I-205 “Warrant of Removal/Deportation”; DHS Form I-200 “Warrant for the Arrest of Alien”; DHS Form I-286 “Notice of Custody Determination”; DHS Form I-203 “Order to Detain or Release Alien”; any warrant, request, or hit contained in the “Immigration Violator File” of the FBI”s National Crime Information Center (NCIC) database; and any predecessor or successor form or database.
Civil administrative warrant does not include a criminal warrant issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights.
Contact information means home address, work address, telephone number, electronic mail address, social media contact information, license plate information, or any other means of contacting an individual or through which an individual may be located.
County resources means any money, facilities, property, equipment, personnel, including personnel time, or other assets funded in whole or in part by Montgomery County.
Department means any County department, agency, division, commission, council, committee, board, other body, or office established by authority of County law.
DHS means the United States Department of Homeland Security or any successor agency.
DOJ means the United States Department of Justice or any successor agency.
Family member means a person’s:
(1)
immediate family;
(2)
extended family;
(3)
court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian; or
(4)
domestic partner or the domestic partner’s immediate or extended family.
Eligible for release from custody or eligible for release means one of the following conditions has occurred:
(1)
all criminal charges against the person have been dropped or dismissed;
(2)
the person has been acquitted of all criminal charges filed against the person;
(3)
the person has served all the time required for a criminal sentence;
(4)
the person has been released on a conditional bail release; or
(5)
the person is otherwise eligible for release under applicable law.
ICE means the United States Immigration and Customs Enforcement agency or any successor agency charged with the enforcement of civil immigration laws.
Immigration detainer or detainer is a civil administrative detainer and means a request by ICE to a federal, state, or local law enforcement agency that the law enforcement agency provides notice of release or maintains custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to sections 236 or 287 of the Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, as amended.
Immigration detainer or detainer includes DHS Form 1-247D “Immigration Detainer - Request for Voluntary Action”; DHS Form 1-247X Form “Request for Voluntary Transfer”; DHS Form 1-247N “Request for Voluntary Notification of Release”; DHS Form 1-247A “Immigration Detainer”; and any predecessor or successor form.
Immigration enforcement official means any federal employee or agent engaged in immigration enforcement operations, including employees of DHS, DOJ, and ICE.
Immigration enforcement operation means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including a civil administrative warrant or civil immigration detainer.
Immigration status means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time and manner of a person’s entry into the United States, or any other immigration matter enforced by DHS, its predecessor or successor agency, or any other federal agency charged with the enforcement of civil immigration laws.
Person or individual means a natural person.
Sensitive location has the meaning stated in Section 6-111 of the State Government Article of the Maryland Code, as amended.
(c)
Requesting immigration status information – prohibited.
(1)
An agent or department must not request information about, or otherwise investigate or assist in the investigation of, the immigration status of any person unless such inquiry or investigation is required by state or federal law, court order, or international treaty.
(2)
If the citizenship or immigration status of an individual is relevant to protections, services, or benefits accorded to them under any County, state, or federal law, or required by any international treaty, an agent or department may notify the individual of the relevant protection or requirement and provide them an opportunity to disclose voluntarily their immigration status.
(d)
Threats based on citizenship or immigration status – prohibited.
(1)
An agent or department must not coerce, intimidate, or threaten any person based on the person’s actual or perceived immigration status or the actual or perceived immigration status of a member of the person’s family or any other associate of the individual.
(2)
An agent or department must not subject an individual to verbal abuse, including disparaging or offensive comments, based on the individual’s actual or perceived immigration status, or the actual or perceived immigration status of a member of the individual’s family or any associate of the individual.
(e)
Conditioning benefits, services, or opportunities on immigration status – prohibited.
(1)
An agent or department must not condition the provision of County benefits, opportunities, or services on matters related to immigration status unless required to do so by County, state, or federal law, or court order.
(2)
Where presentation of a Maryland driver’s license or identification card is accepted as adequate evidence of identity, presentation to an agent or department of a photo identity document issued by the person’s country of origin, such as a driver’s license, passport, or matricula consular (consulate-issued document), or issued by a non-profit organization pre-approved by the Chief Administrative Officer, must be accepted and must not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Maryland driver’s license or identification card, except that this paragraph (2) must not apply to the completion of federally mandated I-9 forms.
(f)
Immigration enforcement operations – additional limitations.
(1)
Investigations, stops, and arrests. An agent or department must not participate in an immigration enforcement operation, including by stopping, detaining, or arresting an individual, based on:
(A)
the actual or perceived immigration status of an individual;
(B)
a civil administrative warrant or immigration detainer; or
(C)
a belief that the person has committed a civil immigration violation.
(2)
Inquiries during law enforcement actions. For the purpose of an immigration enforcement operation, an agent or department must not:
(A)
require persons to prove their immigration status;
(B)
request identification for the purpose of determining an individual’s immigration status; or
(C)
prolong a stop or detention for questions related to an individual’s immigration status.
(3)
Actions following arrest. A department or agency must not:
(A)
contact an immigration enforcement official regarding an arrested person unless the person is subject to a valid judicial warrant requiring such action; or
(B)
affect the manner in which a person is processed following an arrest based on a civil administrative warrant, immigration detainer, or other immigration enforcement operation.
(4)
Detention after eligibility for release – prohibited. An agent or department must not detain a person based on:
(A)
a civil administrative warrant or civil immigration detainer after the person becomes eligible for release from custody; or
(B)
a belief that the person has committed a civil immigration violation.
(g)
Access to County buildings; coordination with immigration enforcement officials – restricted.
(1)
Sensitive locations. An agent or department must deny access to any portion of a sensitive location that is not accessible to the general public to any individual who is seeking access for the purpose of enforcing federal immigration law, unless:
(A)
the individual presents a valid judicial warrant requiring access; or
(B)
the access is otherwise required under state law.
(2)
Coordination with immigration officials – limited. Except as permitted under paragraph (3) of this subsection, an agent or department must not, for the purpose of an immigration enforcement operation:
(A)
permit immigration enforcement officials to access any portion of a building or facility operated by the County that is not accessible to the general public;
(B)
permit immigration enforcement officials access to a person being detained by, or in the custody of, the department or agent;
(C)
permit immigration enforcement officials to use non-public spaces of department facilities, information, or equipment;
(D)
communicate any information about an individual who is the target of an immigration enforcement operation with immigration enforcement officials; or
(E)
notify immigration enforcement officials that an individual has been or will be released from custody.
(3)
The requirements of paragraph (2) of this subsection:
(A)
must not be construed to prohibit compliance with a valid judicial warrant issued by a state or federal court; and
(B)
do not apply to notifying an immigration enforcement official of the release of an individual from the Department of Corrections and Rehabilitation if the individual has been convicted under the Criminal Law Article of the Maryland Code, as amended, of:
(i)
a crime of violence under Section 14-101;
(ii)
Section 5-613 {Drug kingpin};
(iii)
Section 9-805 {Organization or supervision of criminal organization prohibited};
(iv)
Section 2-503 {Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se}, Section 2-504 {Homicide by motor vehicle or vessel while impaired by alcohol}, Section 2-505 {Homicide by motor vehicle or vessel while impaired by drugs}, or Section 2-506 {Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance};
(v)
Section 3-211 {Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes};
(vi)
Section 3-307 {Sexual offense in the third degree};
(vii)
Section 3-1102 {Sex trafficking}; or
(viii)
Section 5-133(c)(1) {Restrictions on possession of regulated firearms} under the Public Safety Article of the Maryland Code, as amended.
Such notification must not occur earlier than 36 hours prior to release.
(4)
This subsection must not be construed to permit an agent or department to prolong the detention of an individual who is eligible for release.
(h)
Intergovernmental agreements for immigration enforcement – prohibited. An agent or department must not:
(1)
enter into an intergovernmental services agreement, or other contract or agreement, with the federal government for the purpose of housing individuals subject to detention on civil immigration charges, or for any other purpose related to civil immigration enforcement; or
(2)
enter into an agreement under 8 U.S.C. 1357(g) or any other federal law that permits state or local governmental entities to enforce federal civil immigration laws.
(i)
Prohibition against discriminatory acts. Except as permitted under paragraph (2) of subsection (c), no County resources may be used to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, or national or ethnic origin.
(j)
Confidentiality; notice requirements; reporting.
(1)
All applications, questionnaires, interviews or other forms used in relation to County benefits, opportunities, or services must be promptly reviewed by the pertinent departments and any questions regarding citizenship or immigration status, other than those required by law or court order, must be deleted if that information is not necessary for a County function. The department promptly must delete, to the extent permitted under applicable state law, any information regarding individuals’ immigration status that is not necessary for a County function.
(2)
All departments must engage in a review of their confidentiality provisions to ensure that the provisions are in compliance with this Section and have sufficient safeguards in place to protect the privacy of sensitive information, including individual’s immigration status.
(3)
Any request received by an agent or department from immigration enforcement officials to detain or notify immigration enforcement officials regarding a person in custody must be provided or communicated to the subject of such a request within 48 hours. If such request is in writing, the subject of the request must be provided with a copy of the request.
(4)
The Executive must report to the Council every 6 months the number of requests received by agents and departments from immigration enforcement officials and the manner in which each request was handled.
Article Xvi. Immigration Enforcement Guidance.
Montgomery County, Md., Code § 2-161 (2026)
Sec. 2-161. Short title; purpose.LinkCopy Citation
(a)
Short title. This Article is known as “The County Values Act.”
(b)
Purpose.
(1)
The purpose of this Act is to uphold the County’s values of equity, inclusiveness, dignity, and justice for all;
(2)
explain how County departments should respond to Immigration and Customs Enforcement actions;
(3)
provide model policy language and guiding principles to help departments and facilities adopt consistent practices;
(4)
maintain community trust by separating County services from federal immigration enforcement; and
(5)
limit the use of County property for federal immigration enforcement purposes to enhance public trust, ensure equitable access to public facilities, and preserve County resources for local governmental purposes.
Montgomery County, Md., Code § 2-162 (2026)
Sec. 2-162. Definitions.LinkCopy Citation
In this Section, the following words and phrases have the following meanings:
County agent means any person employed by or acting on behalf of a County department, office, agency, board, committee, commission, or other body established by authority of County law.
County-owned or County-controlled facility means a building controlled by the County that provides services to the public.
County-owned or County-controlled property means real property owned, leased, or otherwise under the control or management authority of the County, including parking lots, garages, and vacant lots.
Department means any executive branch County department, agency, division, or other body, or person established by authority of an order, executive order, or County Council order.
Immigration and Customs Enforcement (ICE) means the federal enforcement agency responsible for enforcing civil immigration law, which may also include any entity or personnel authorized to enforce civil immigration law.
Staging area means an area used to assemble, mobilize, or deploy vehicles, equipment, materials, or personnel for carrying out civil immigration enforcement operations.
Montgomery County, Md., Code § 2-163 (2026)
Sec. 2-163. Prohibition on use of County property for ICE enforcement.LinkCopy Citation
(a)
Any County-owned or County-controlled parking lot, garage, or vacant lot must not be used for ICE enforcement activities, including surveillance, staging, processing, detention, or vehicle storage, unless required by law or authorized by a valid judicial warrant.
(b)
Any area or space identified under subsection (d) is not available to the general public for similar activities described under subsection (a); in addition, federal, state, or local government entities or personnel will not receive special or enhanced access to County property for civil immigration enforcement operations.
(c)
This Section does not apply to any temporary access necessary to address an immediate threat to public safety.
(d)
The County Executive must identify all County-owned or controlled parking lots, vacant lots, or garages that either have been used or are likely to be used in the future as a staging area, processing location, or operations base for civil immigration enforcement.
(e)
The County Executive must ensure that all such County properties identified under subsection (d) have clear signage stating:
“This property is owned or controlled by Montgomery County. It may not be used for civil immigration enforcement as a: Staging Area, Processing Location, or Operations Base.”
(f)
The County Executive must ensure that, wherever appropriate, physical barriers such as locked gates are used to limit access to County-owned or County-controlled parking lots, vacant lots, or garages consistent with the purpose of this Section.
(g)
Reporting a violation or misconduct. A County agent, resident, or a member of the public who witnesses any of the following incidents may file a report through an online platform designated by the Executive regarding:
(1)
unauthorized use of County-owned or County-controlled property, in violation of subsection (a) of this Section;
(2)
unauthorized access to nonpublic spaces of County facilities; or
(3)
harmful conduct by individuals conducting immigration enforcement.
(h)
A violation reported under subsection (g) should include as much information as possible, including time, location, and a description of what was observed.
(i)
The violation reported through the online portal may be used by the Office of County Attorney to assist in enforcing the law and to make appropriate referrals to third parties, including other government agencies.
Montgomery County, Md., Code § 2-164 (2026)
Sec. 2-164. Immigration enforcement guidance for County departments.LinkCopy Citation
(a)
Guidance by the County Executive. The County Executive, in consultation with the Office of the County Attorney, must create and publish immigration enforcement guidance for County agents that perform work in or at County-owned or County-controlled facilities. The guidance must:
(1)
establish an immigration enforcement action plan that provides a step-by-step process if ICE visits a County facility;
(2)
indicate the process a facility should use when designating certain areas for public or non-public use;
(3)
include model policies and sample scripts covering various scenarios involving potential ICE interaction;
(4)
explain how to distinguish between different types of warrants and civil detainers;
(5)
include policies and practices for departments to guide interactions between County agents and ICE officials, ensuring that immigration enforcement activities are carried out in the least disruptive and safest possible manner;
(6)
include measures that would limit liability exposure for County agents at County facilities; and
(7)
include recommendations for complying with existing legal obligations and limitations at County facilities while balancing public safety and accessibility at those facilities.
(b)
Responsibilities of each Department. Unless otherwise required by state law, each department must:
(1)
ensure County agents that perform work in or at County-owned or County-controlled facilities are trained on the Executive’s policies and guidance;
(2)
designate a supervisor or manager to serve as the designated official responsible for handling visits by ICE;
(3)
provide a phone number for frontline staff to contact a designated official at any time;
(4)
where applicable, identify areas and post signage:
(A)
at the entrances of County facilities that state: “Montgomery County does not consent to civil immigration enforcement operations on these premises,” and
(B)
at entrances of non-public spaces that state: “Not Open To The General Public. Only authorized individuals permitted. A County agent may not consent to entrance for civil immigration enforcement without authorization from a designated official”; and
(5)
include any other department-specific measures to assist County agents in balancing the interaction with ICE.
(c)
Signage for private use. The County Executive must develop and make available on the County’s website a signage template that business owners and leaseholders may use to lawfully notify visitors that the property may not be used for immigration enforcement by ICE.
(d)
Executive regulations. The County Executive may, under Method 3, establish regulations and standards as necessary to accomplish the purposes and intent of this Article. The regulations must be at least as stringent and consistent as this Article.
Montgomery County, Md., Code § 2-165 (2026)
Sec. 2-165. Compliance with Federal law.LinkCopy Citation
No provision in this Article may be interpreted as preventing a law enforcement agent from sending or receiving information from any local, state, or Federal agency regarding the citizenship or immigration status of an individual in accordance with applicable federal or constitutional law.