# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 49. Streets and Roads.

### Article 7. Freeways and Controlled Major Highways.

**Sec. 49-69.  Reserved**

**Sec. 49-70. Designating means of access to certain highways.**

  (a)    A Freeway and Controlled Major Highway are defined in Section 49-31.

  (b)    If any existing County road is classified as a Freeway or Controlled Major Highway:

    (1)   The Director of Transportation may, by agreement or condemnation, restrict or limit the right of any owner of land abutting the Freeway or Controlled Major Highway to lay out or construct any new means of access to, from or across the abutting land to or from the Freeway or Controlled Major Highway or to enlarge or extend any existing means of access.  The Director may designate points where access is permitted, or permit changes in existing means of access, consistent with any applicable master plan, on specified terms and conditions.

    (2)   The Director may close any existing means of access to, from, or across abutting land to or from the Freeway or Controlled Major Highway by agreement or condemnation, consistent with any applicable master plan.

**Sec. 49-71. Acquiring property for Freeways or Controlled Major Highways.**

  To build any Freeway or Controlled Major Highway or rebuild any portion of any existing road as a Freeway or Controlled Major Highway, or for any service or feeder road in connection with a Freeway or Controlled Major Highway, the County may acquire any real property or any interest in real property by the same procedure as property may be acquired for road purposes.

**Sec. 49-72. Control of use and access.**

  When any road has been constructed or designated as a Freeway or Controlled Major Highway, the Director of Transportation:

  (a)   may restrict or prohibit access to the Freeway or Controlled Major Highway from any existing highway, road, or street, or from any new highway, road, or street, if reasonable access to the freeway or expressway from any existing or new highway, road, or street is maintained;

  (b)   may control, restrict, or prohibit the use of the Freeway or Controlled Major Highway by various classes of vehicles or traffic if an alternate route is provided for restricted or prohibited classes of vehicles or traffic; and

  (c)   may maintain, discontinue, abandon, or close, and exercise all other powers with respect to Freeways or Controlled Major Highways to the same extent and in the same manner as other roads.

**Sec. 49-73. Access to Freeway or Controlled Major Highway where it divides property under one ownership.**

  If real property held by one owner is severed by a Freeway or Controlled Major Highway, the Director of Transportation may provide for access across the Freeway or Controlled Major Highway from one such tract to the other, either at grade or below or above grade, on such conditions as the Director sets.  Any connecting road or roads must not be used for or in connection with the conduct of any roadside business or enterprise. If the affected land is no longer held under one ownership, the Department may discontinue any access road.

  In acquiring property for any purpose listed in the three preceding sections, the Director must fully inform the owners of the use and restrictions of the property.

**Sec. 49-74. Right of access.**

  When a road is constructed as a Freeway or Controlled Major Highway, an owner of land abutting the road or other person must not have any right of access to, from, or across any abutting land to or from the Freeway or Controlled Major Highway.  At the time of the construction of the Freeway or Controlled Major Highway or thereafter, the Director of Transportation may designate points at which access will be permitted, on conditions the Director sets.

**Sec. 49-75. Reserved.**