(a) A public road, bridge, sidewalk or bikeway must not be constructed, reconstructed, repaired, graded, improved or maintained by any person unless the construction, reconstruction, repair, improvement, grading or maintenance fully complies with this Chapter and any regulations issued under it. (b) The closure of any private road must meet the standards and requirements of Chapter 22, and the owner of the private road must obtain a permit from the Department of Permitting Services if required under Section 49-11A. (c) The County Executive may issue regulations under method (2) to implement this Chapter, except where a different method is specified. (d) Any violation of this Chapter or any regulation issued under it is a Class B violation, except when expressly provided otherwise.

(a) Whenever any doubt exists as to the proper location or width of a County road, the Director of Transportation may cause the road to be surveyed and a description and plat made of it and recorded in the County land records. (b) Whenever possible, this description must be made by reference to the original description of the road when it was acquired by grant or condemnation, if the original description can be found. If the original description cannot be found, then the description and plat must be made of the road as actually laid out. (c) The total cost of any necessary survey must be paid by the party that requested the survey. The total cost of a survey includes field preparation work, field surveys, office work, plat preparation, and recording time and fees.

The Director of Transportation may decide whether a road repair should be classified as maintenance or construction under this Chapter.

The County Executive may contract with any person who is developing land in the County to participate in the cost of any road, including any sidewalk, bikeway, gutter, curb or drainage construction, landscaping, traffic control device, bikeshare station, electric vehicle charging station, or placement of utilities, conduits, or other amenities in a road dedicated to public use.

If any road is dedicated to the use of the public by a private grant, the grant must include the right to properly drain the road, including a grant to the County of any necessary easements, without liability of the County to any abutting owner for any resulting injury.

Whenever any road has been used by the public for 20 or more years, though the road may never have been condemned or granted as a public road and regardless of whether the road termini are public, the County Executive may by Executive order published in the County Register declare the road to be public.

Any special taxing district which has the authority to pave and maintain streets and roads may adopt and amend reasonable regulations under method (2) governing the construction, maintenance, improvement, grading, and repairing of the roads and streets in the district, including those dedicated for public use. Resolution 17-1162, adopted July 15, 2014, by the Montgomery County Council, adopts regulations governing streets for the Village of Drummond.

(a) The Director of Permitting Services may require any applicant for a construction permit which includes a haul route to provide bonding for the restoration, after construction is finished, of any existing improvement in the public right-of-way. (b) The Director may require this bonding when the applicant is likely to deliver or remove construction materials to or from a proposed work site. (c) The applicant must identify each proposed haul route from the work site to a major highway.

(a) Notice to owner of property. If the Director of Transportation finds that any tree, bush, vine, undergrowth, or other obstruction, except a building or similar structure affixed to the ground, on private property poses a threat to public safety by obstructing the vision of operators of vehicles traveling on any public road, interfering with the public rights- of-way as a traffic hazard, limiting access by Fire and Rescue Service vehicles, or restricting the use by pedestrians or bicyclists of the public rights-of-way, the Director promptly must serve on the owner, agent, lessee or any other person supervising the property a written notice that: (1) describes where the obstruction exists; (2) describes how the obstruction impairs the vision of operators of vehicles, including bicycles, or impedes pedestrian or legal bicycle travel on the right-of- way; (3) describes the steps necessary to correct such conditions; and (4) directs the person receiving the notice to take corrective steps within a stated period of time. (b) Reserved. (c) Effect of failure to remove obstructions. When any person does not comply with any order issued under this Section within the time specified in the order, the Director of Transportation must remove all or part of the obstruction as necessary to eliminate the hazard or impediment. An agent of the Department may enter the property to take this action. (d) Service of orders and notices. All orders and notices issued under this Section must be served on the person to whom they are directed either by registered or certified mail or by personal delivery. If that person is not known to reside and cannot be found in the County, service may be made by publishing the order or notice once in a newspaper of general circulation in the County and by posting it on the premises in a conspicuous manner. Service by publication and posting is completed on the day of publication or posting. (e) Cost of removal when done by the Department. Whenever the Department eliminates an obstruction under this Section, the Director must file with the Department of Finance a certified statement of the cost to the County of eliminating the obstruction, together with proof of service of the notice required by subsection (a). The cost certified to the Department of Finance and any cost of publishing the notice under subsection (a) constitutes a charge and lien against the property that the County must collect in the same manner as the County collects real estate taxes. 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.

Except as provided in Section 49-11, in the public right-of-way, a person must not: (a) place, maintain, use, permit, allow, or exercise control over, any object or structure; (b) perform any reconstruction or maintenance work; or (c) allow the erection or placement of any structure, fence, post, rock, or other object, except: (1) mailboxes mounted on a support that will bend or break away on impact by a vehicle; (2) individual residential newspaper boxes mounted on a support that will bend or break away on impact by a vehicle; (3) street trees placed and maintained under Section 49-33(i); (4) ground cover placed and maintained under Section 49-33(j); (5) a temporary, removable obstruction or occupation of a right-of-way installed under a permit issued under Section 49-11; or (6) as otherwise permitted by law. Any object placed in the public right-of-way under Section 49-10(c) must not impede use of a sidewalk or other right-of-way by pedestrians or persons in wheelchairs, or impede or endanger automobiles or other vehicles.

(a) Definitions. In this Section, the following terms have the meanings indicated. Public includes pedestrians, bicyclists, and transit users. Safe alternative path means an alternate sidewalk or sidepath that: (A) is on the same side of the street as a temporary closure; and (B) provides safe access and passage to pedestrians. Temporary closure means a temporary obstruction, blockage, or occupation of a right-of-way under a permit issued by the Director of Permitting Services under this Section. (b) Subject to subsections (c) and (d) of this Section, the Director of Permitting Services may issue a permit to: (1) reconstruct or repair a sidewalk, sidepath, driveway, curb, or other structure; (2) repair, locate, or replace underground utilities or infrastructure under a sidewalk or sidepath; (3) install a temporary, removable obstruction or occupation of a right-of-way; (4) close a curb lane, sidewalk, or sidepath in conjunction with the construction or reconstruction of an abutting structure; (5) install permanent, nonstandard structures in the right-of-way that were approved by the Planning Board, the City of Rockville, or the City of Gaithersburg in a site plan as a site element of streetscape. Streetscape means street furnishings and fixtures used by the public in the right-of-way but does not include structures or improvements for private use. The permit applicant must execute a declaration of covenants that runs with the land on which the streetscape will be installed to perpetually maintain the permitted streetscape in a good and safe condition; return the right-of way to its condition before the permitted streetscape was installed if the nonstandard permitted streetscape is removed; and indemnify the County from any cost or liability associated with the construction, maintenance, use or removal of the nonstandard permitted streetscape; or (6) install a private, non-commercial structure that is accessory to a residential use. The permittee must execute a maintenance and liability agreement that is approved by the Director of the Department of Permitting Services. (c) Permits for temporary obstructions. If a permit under subsection (b)(1) involves a temporary closure located in a Central Business District planning policy area, a Bicycle-Pedestrian Priority Area, an area within ½ mile of a Purple Line Station, or an area within ½ mile of a Bus Rapid Transit Station Area, the Director may issue the permit only if: (1) the permit has conditions necessary to: (A) minimize inconvenience to the public; (B) limit the duration of the temporary closure to the minimum time period necessary; and (C) assure public safety in the work area; (2) the Director of Transportation approves a temporary traffic control plan under subsection (g); (3) the area subject to the temporary closure is not used for vehicle parking; (4) the permittee has any franchise required under Section 49-20; and (5) the duration of the temporary closure complies with subsection (d). (d) Time limits for temporary closures without safe alternative paths. Except as provided in subsections (e) and (f): (1) a temporary closure to reconstruct or repair a sidewalk or sidepath must not exceed 6 months without the provision of a safe alternative path; and (2) any other temporary closure must not exceed 15 days without the provision of a safe alternative path. (e) Extensions – in general. The Director may extend a time period under subsection (d), for a time period designated by the Director, if the Director finds that: (1) (A) based on a certification submitted by a professional engineer, construction of a safe alternative path is not possible; or (B) the street is closed; and (2) the extension meets minimum requirements established under Method (2) regulations, including requirements that the permit must: (A) limit the temporary closure to the minimum time necessary; (B) be subject to regular review by the Director to determine whether the temporary closure without a safe alternative path remains necessary; and (C) if the Director determines that the temporary closure without a safe alternative path is no longer necessary, require the permittee immediately to: (i) provide a safe alternative path; or (ii) terminate the temporary closure. (f) Short extensions for hardship. (1) The Director may grant one extension of a time period under subsection (d), for no more than 15 days, on a showing by the applicant of undue hardship involving significant difficulty or expense. (2) The Executive must adopt regulations under Method (3) to specify the standards a permittee must meet to demonstrate undue hardship involving significant difficulty or expense. (g) Temporary traffic control plan. A temporary traffic control plan under subsection (c) must meet standards established by the Executive under Method (2) regulations, including that: (1) a professional engineer must certify for the applicant that the plan minimizes inconvenience to the public, provides necessary warnings, and includes safe and reasonable pedestrian alternatives in accordance with accepted engineering standards; and (2) the permit and the traffic control plan must require signage during construction to inform pedestrians about the duration of the obstruction, the permit number, and the County contact telephone number to call. (h) Public access to permit information. The Director of Permitting Services must publish on the Department’s website a copy of each application received and permit granted under this section.

(a) A person must not close any portion of a private road that is an urban road as defined in Section 49-32 without a permit from the Director of Permitting Services. (b) The Director of Permitting Services may issue a permit for the complete or partial closure of a private road on a temporary basis if the closure does not: (1) violate Chapter 22; (2) interfere with use of the private road by persons with disabilities; (3) impede or endanger the users of any building or structure adjacent to or abutting the private road; or (4) adversely impact the use of connecting public roads. (c) An application to close a private road may only be made by the owner of the private road. The owner must apply for a permit on a form prescribed by the Director of Permitting Services, submit detailed information, including the locations to be closed, duration of closure, location of required temporary closure signs, purpose of closure, and use and occupancy of all buildings or structures adjacent to or abutting the private road, and any additional information as the Director may require. (d) The Director of Permitting Services may charge a fee, set by Method (3) regulation, for the permit application and may include conditions in each permit that provide for the safety of any user of a building or structure adjacent to or abutting the private road, including providing for safe alternate access to and egress from any building or structure. (e) Before the Director of Permitting Services issues a permit to close a private road in whole or in part under this Section, the Director of Transportation must review or waive review of each application to ensure that closure will not adversely impact the use of connecting public roads. The Director of Transportation may recommend permit conditions to the Director of Permitting Services. The owner of a private road must submit a temporary traffic control plan that requires signage during closure to inform pedestrians about the duration of the closure, the permit number, and the owner’s contact telephone number to call that address conditions of closure as may be required by the Director of Permitting Services.

(a) Subject to paragraphs (1) and (2), Sections 49-10 and 49-11 do not apply to, and no permit under those Sections is required of, any municipality, special taxing district or government agency to construct streets, roads, sewers, or drainage facilities in the County over which the entity has jurisdiction. However: (1) Sections 49-10 and 49-11 apply to any road that is located in a municipality and owned or maintained by the County; and (2) if the County owns or maintains a right-of-way, Section 49-11 applies to any temporary closure of the right-of-way.

Any violation of Sections 49-10 and 49-11 or any permit granted under those Sections is a Class A violation.

A person must not place or leave in or on any public road, any debris liable to cause injury or damage to any vehicle or personal property. Any violation of this Section is a Class C violation.

(a) A person must not, personally or by an agent or employee: (1) cause or permit earth, soil, mud, or other foreign material to be deposited on any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or in any drain or ditch designed to carry surface water from any public right-of-way, whether the material is spilled, dropped, placed, washed, or tracked from a vehicle; and (2) fail to remove immediately from the right-of-way or drain or ditch the material deposited. (b) A person who owns or occupies land contiguous to any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or contiguous to any drain or ditch designed to carry surface water from a public right-of-way, knowing that earth, soil, mud, or any other foreign material has been spilled, dropped, washed, or tracked from that land onto a right-of-way or into a drain or ditch, must remove immediately from the right-of-way or drain or ditch the material so deposited. (c) Any violation of this Section is a Class C violation.

(a) A person must not carry any loose or bulky material in a motor vehicle on any road, as defined in Section 49-26, unless that part of the motor vehicle in which the load is carried is: (1) Fully enclosed on the bottom and all sides; and (2) Covered on the top by a firmly secured cover sufficient to contain all loose or bulky material, if the vehicle does not have a roof that covers the entire area in which the load is carried. (b) A cover and (for bulky material) sides are not required if the material is contained or secured by other means that prevent its escape. (c) As used in this section: (1) Loose material includes dirt, ash, sand, pebbles, rocks, gravel, metal, glass, wood chips, and any other substance that can readily blow off or drop from a vehicle; (2) Bulk material includes bricks, cinder blocks, lumber, logs, gypsum board, barrels, pipes, furniture, and any other items that can readily drop from a vehicle. (d) This Section does not apply to: (1) A government agency, or a contractor hired by a government agency, that is using a motor vehicle to: (A) Drop sand, salt, or other materials to improve traction; (B) Spread water or another substance to clean a road; or (C) Collect newspapers for recycling. (2) A vehicle transporting agricultural products as harvested. (3) A construction or mining vehicle only when it is: (A) Crossing a highway; or (B) Moving between construction barricades on a public works project. (4) A fire and rescue vehicle.

(a) Legislative findings. (1) During significant winter storm events, Montgomery County’s sidewalks often become impassable and covered in piles of snow that are pushed aside from the road as a result of County and State snowplows. The scope of the problem is prevalent on Montgomery County’s busiest roads, where sidewalks are often within an arm’s reach of traffic. (2) These blocked sidewalks often persist for days following the end of a snowstorm, creating a significant pedestrian safety hazard that often forces pedestrians to walk in a lane with oncoming traffic. (3) County law allocates the responsibility of property owners to clear snow on a public sidewalk fronting their property within 24 hours of the end of snowfall. However, such clearing rarely occurs due to a variety of reasons, including the difficulty of removing the large piles of compacted snow and ice created by plow trucks. (4) The County, in its current operation, clears sidewalks in urban districts and approximately sixty (60) miles of sidewalks with no adjacent residential or commercial property owner outside of such areas. (5) Snow-covered and icy sidewalks adversely affect essential workers and commuters, who often travel by foot or public transportation, and must walk along high-traffic roads to get to bus stops and retail stores. (6) It is in the best interest of the County to adopt fair, reasonable and equitable legislation to address safety hazards and increase walkability access on sidewalks for pedestrians during winter storms. (b) (1) Definitions. In this Section: (A) Commercial property means real property that either: (i) is not designed for or intended for human habitation; or (ii) contains a multi-family dwelling of four or more units. (B) Residential property means real property containing either: (i) a single-family dwelling; or (ii) a multi-family dwelling of three or fewer units. (C) Department means the Department of Transportation. (D) Non-buffered Sidewalk means a sidewalk along a roadway that does not contain a grass strip or other physical separation between the sidewalk and the adjacent curb or road edge. (E) Orphan sidewalk means a sidewalk either abutting a State or County road and be located: (i) adjacent to a vacant lot; (ii) an overpass with no adjacent commercial or residential property adjoined; or (iii) behind a residential or commercial property that is not directly accessible from the owner’s property and is separated from the sidewalk by a fence, guardrail, or change in elevation grade. (2) A person is responsible for removing snow and ice on any sidewalk, sidepath, other areas intended for public pedestrian access, or parking area on or adjacent to property that the person owns, leases, or manages, to provide a pathway wide enough for safe pedestrian and wheelchair use. For purposes of this Section, commonly owned property between a single-family residential lot and a common sidewalk or sidepath is considered part of the lot if the intervening common property includes a sidewalk, sidepath, or driveway that serves only that lot. (3) Except as provided in paragraph (5), each owner, tenant, or manager is jointly and severally responsible for clearing snow and ice from the property and complying with Section 31-26A(d). (4) The requirements of this Section do not apply to: (A) an unpaved sidewalk; (B) a private sidewalk or parking area on the property of a single-family residence; (C) a public sidewalk or sidepath behind a single-family residence that is not directly accessible from the owner’s property; (D) a sidewalk that: (i) is at least 25 feet from vehicular traffic; (ii) serves only pedestrian destinations that are also accessible by another sidewalk that this Section requires to be cleared; (iii) was not routinely cleared of snow and ice after August 1999; and (iv) is not the primary route for pedestrian access to a winter recreational facility open to the public; or (E) any non-buffered sidewalk or path as specified under Section 49-17(j), regardless if the private property is fronting or abutting the sidewalk. (5) (A) An individual who lives in a multi-family dwelling is not responsible for removing snow and ice from a common sidewalk, sidepath, or parking area. (B) A homeowners’ association, as that term is used in State law, is not responsible for removing snow and ice from a sidewalk or sidepath adjacent to a single-family residential lot, if the lot owner is responsible under paragraph (1) for removing snow and ice from that sidewalk or sidepath. (c) If ice or hardpacked snow is impossible or unreasonably difficult to remove, the person is responsible for applying sufficient sand, other abrasives, or salt to provide safe pedestrian use. (d) The person is responsible for removing snow and ice within 24 hours after the end of the precipitation that caused the condition. If a snowplow redeposits snow or ice on a sidewalk, sidepath or other area intended for pedestrian access after a person has complied with this Section, the person is not responsible for clearing the area until 24 hours after the snowplow redeposited the snow or ice. (e) The County Executive must designate a department to enforce this Section and may designate other County employees or contractors to enforce this Section. (f) The Executive may order a different deadline or conditions for removing snow and ice during or immediately after a severe or unusual storm or other public-safety condition. (g) In addition to any other remedy or penalty for a violation of this Section, the County may clear the snow and ice and charge the responsible property owner for the cost, which the County may collect in the same manner as property taxes. (h) Violations. (1) A violation of this Section is: (A) on or adjacent to residential property, a class C violation; and (B) on or adjacent to commercial property, a class A violation subject to a civil penalty of $250 for an initial offense, with penalties for repeat offenses according to Section 1-19. (2) A person authorized to enforce this Section must not issue a citation for a violation unless the violation still exists 24 hours after a notice of violation. An authorized enforcement officer may issue the notice of violation to any person responsible under subsection (a) for clearing the snow or ice, or post the notice in a conspicuous place on the property where the violation exists. (3) Each day a violation continues to exist is a separate violation, except for a violation on or adjacent to a single-family residential property. (i) Sidewalk snow removal plan. The Executive must develop, update, and publish on the County internet site a sidewalk snow removal plan allocating available resources in a fair and equitable manner throughout the County that includes a: (1) digital map of the County that shows who is responsible for clearing snow and ice on each sidewalk in the County; (2) “major storm event”' communications plan that addresses notice to County residents of a major storm event and the sidewalk snow and ice removal requirements in this Section; (3) targeted public education campaign about sidewalk snow and ice removal for owners of property in the County; (4) designation of pedestrian priority routes for targeted education and increased snow and ice removal enforcement; (5) public education campaign about how to request enforcement of this Section; (6) plan to provide extended hours for County personnel who receive snow and ice removal complaints during a major storm event; (7) plan for removal of snow and ice on publicly owned property: (A) at bus-stops and Metro stations; (B) near schools; (C) along State highways; (D) along the highest priority pedestrian routes; (E) in urban districts; and (F) used for hiker-biker trails; and (8) plan for trash removal during a major storm event. (j) Sidewalk snow removal - Required. The Executive must implement a plan and require the Department to remove or cause to be removed snow and ice accumulation from the last day of precipitation within the following designated areas: (1) orphan sidewalks; and (2) non-buffered sidewalks or paths within the nineteen (19) arterial roads prescribed below: (A) MD-187 Old Georgetown Road between Arlington Road and Democracy Boulevard; (B) MD-355 Wisconsin Avenue between Chestnut Street and Jones Bridge Road; (C) Jones Bridge Road from MD-355 to Jones Mill Road; (D) Middlebrook Road between Waring Station Road and MD-118; (E) MD-97 Georgia Avenue between Blueridge Avenue and Glenallen Avenue; (F) MD-97 Georgia Avenue between Hewitt Avenue and Bel Pre-Road; (G) MD-185 Connecticut Avenue between the Matthew Henson Trail and MD-97; (H) Randolph Road between Middlevale Lane and Rock Creek; (I) MD-586 Veirs Mill Road between Galt Avenue and the Matthew Henson Trail; (J) MD-320 Piney Branch Road between Sligo Creek and the Prince George’s County line; (K) MD-193 University Boulevard between Carroll Ave (MD-195) and the Capital Beltway (I-495); (L) MD-193 University Boulevard between Arcola Avenue and Amherst Avenue; (M) Flower Avenue between MD-320 and East Wayne Avenue; (N) Carroll Avenue between MD-193 and MD-320; (O) MD-650 New Hampshire Avenue between the Prince George’s County line and Lockwood Drive; (P) Lockwood Drive between MD-650 and 11431 Lockwood Drive; (Q) Tech Road between Old Columbia Pike and Broadbirch Drive; (R) Old Columbia Pike between Tech Road and Briggs Chaney Road; and (S) Briggs Chaney Road between Robey Road and U.S. 29.

A person must not: (a) interfere with, impede, or hinder the building, repairing, improvement, or construction of any public road by traveling over the road with motor vehicles or in any other manner that would damage or destroy the road being built, repaired, improved, or constructed; or (b) interfere with building, repairing, or improving a public road; or (c) tear down or destroy a public road being built, repaired, improved, or constructed; or (d) tear down or destroy any barricades or lanterns which give notice to the public and all parties not to travel the portion of road being built, repaired, improved or constructed. Any violation of this Section is a Class C violation

If the construction or improvement of any County road requires any person to relocate any overhead electric, telephone, or other overhead line or related facility in any County road right-of-way, the County Executive must, by regulation adopted under Method (3), require that any affected line must be installed underground if the Executive finds that underground installation is desirable after considering the following factors: (a) Any fire hazard or possible interference with fire fighting equipment due to the location of the line; (b) A close proximity of the line to any place where people may congregate; (c) The anticipated increase of traffic on the road to be reconstructed or improved; (d) The population of the area, increase in population, and future conditions reasonably anticipated in the normal course of development; (e) Air traffic in the general area of the road, proximity of any airport, location of the line in an approach to an existing or anticipated runway, or other future hazard to air traffic; (f) The comparative costs of relocating the line overhead and installing it underground; (g) The comparative maintenance costs for overhead and underground lines; (h) The comparative frequency of interruptions in service for overhead and underground lines; (i) The improvement in the appearance of the area which would result from installing the line underground; (j) Any location or relocation of an overhead line in a Metro Station Policy Area, Town Center Policy Area, or other area expressly identified for this purpose in a Council resolution; or (k) Any other condition that affects the public convenience, health, safety, or general welfare. Any regulation to implement this Section must require the replacement of any street light removed during the installation of underground facilities.

(a) The State of Maryland, including its agencies and divisions, is exempt from any permitting requirement in Chapters 8 (“Buildings”), 17 (“Electricity”), 22 (“Fire Safety Code”), and 49 (“Streets and Roads”) for the construction of: (1) any portion of the Purple Line that is located within the public right-of-way under a valid franchise agreement approved by the County Council under Section 49-21; and (2) any structure related to the Purple Line owned by the State of Maryland or its agencies or divisions, including any hiker/biker trail that will be owned or maintained by the County. (b) However, the State of Maryland, and its agencies, divisions, and contractors, must obtain any permit required under Chapter 8, 17, 22, and 49 for the construction or alteration of any structure owned by the County, except the hiker/biker trail, or by a private person or entity.