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.