This Chapter applies to any subdivision of land within Montgomery County located within the Maryland-Washington Regional District, except for a good faith division of exclusively agricultural land that is not made for development purposes. All of the county now lies within the Maryland-Washington Regional District subject to the limitations contained in Md. Ann. Code, art. 28.

A. Any subdivision of land must be included on a plat approved by the Board and recorded in the land records before transfer of any part of the subdivided land. B. A building permit may only be issued for a building located on a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Subsection 3.3.B, and in a manner that does not result in the building or structure crossing a lot line. Ord. No. 19-12, § 3, states: Automatic Extensions. (a) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (b) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (c) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (d) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended. (e) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. Ord. No. 19-12, § 4, states: Automatic Extensions: (a) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (b) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (c) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (d) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended. (e) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

A. An approved preliminary plan and recording of a plat under this Chapter are not required for the division or conveyance of unplatted land in the following instances: 1. Court action. Partition of land by will or through action of a court of competent jurisdiction unless or until development of the land is proposed. 2. Utility rights-of-way. Land used as part of an electric transmission line right-of-way or other public utility right-of-way. 3. Advanced dedication or donation to the County, state, or other governmental body of master planned road rights-of-way. B. Recordation of a plat before issuance of a building permit is not required for: 1. Agricultural land used for residential dwellings. An unplatted parcel of agricultural land at least 25 acres in size used for a primary dwelling unit if density and development rights are available and the parcel is eligible to obtain any required sewage disposal permits. 2. Public transfer. A part of a lot previously shown on a record plat that was created by transfer of part of the lot for public use by reference to a recorded instrument, if the outlines and dimensions of such remainder can be determined by reference to the previously recorded plat. This provision also applies to any property that qualified for an exemption under this Section before the transfer. 3. Adjoining property. A part of a lot created by deed recorded before May 19, 1997 between owners of adjoining platted properties for the purpose of small adjustments in boundaries. This applies only to an adjustment that was less than either a total of 2,000 square feet or one percent of the combined area, if additional lots were not created and the total area of resulting ownership was not reduced below the minimum size required by this Chapter or by Chapter 59. 4. Property for Single-Unit Living: a. An unplatted parcel or a part of a previously platted lot, proposed for single-unit living, which has not changed in size or shape since June 1, 1958, if a description and location of the property and proposed structure are submitted to the Planning Department, before issuance of a building permit, sufficient to: i. locate the property on the tax maps of Montgomery County; ii. show that the approval of the building permit application would not result in obstructing the future opening, extension, or widening of any necessary road, or otherwise jeopardize any planned public facility; iii. show that the property and use comply with the zoning ordinance, and show the setbacks and any other information needed to check compliance with regulations, including provisions for water and sanitary service, and establishment of a building restriction line along any existing or proposed road sufficient to provide for future expansion or opening of such road to its ultimate width; and iv. show that the approval of the permit would not adversely affect the General Plan. b. An unplatted parcel or a part of a previously platted lot used for reconstruction of an existing detached house under Chapter 59, Section 7.7.1. c. An unplatted parcel created by combining the entirety of two or more contiguous parcels that qualified for an exemption under Subsection (a). 5. Certain residential property in the City of Takoma Park. Property located in the portion of the City of Takoma Park annexed into Montgomery County on July 1, 1997 that was recorded by a deed before January 1, 1982 and remains otherwise buildable under the Prince George’s County Zoning and Subdivision Regulations on June 30, 1997, if a description and locational survey drawing of the property and proposed structure are submitted to locate them on the tax map of Montgomery County. 6. Certain commercial properties adjoining State highways. An addition to a building on property zoned for commercial uses: a. adjoining a State highway; b. located within a State-approved Community Legacy Plan Area on October 30, 2012; c. with less than 10,000 square feet of gross floor area on October 30, 2012, where subsequent building permits cumulatively allow increases in total gross floor area by less than 2,000 square feet; and d. that includes a description and boundary survey drawing of the property and proposed structure at a 1-inch-equals-50-foot scale or another appropriate scale as determined by the Director that demonstrates that the additional floor area will not extend into any adopted master plan road right-of-way. 7. Certain commercial properties adjoining State highways in Rural Village Overlay zones. An addition, reconstruction, or replacement of a building on commercially zoned property: a. adjoining a State highway; b. located in the Rural Village Overlay zone; c. with less than 10,000 square feet of existing gross floor area where later building permits cumulatively allow net increases in total gross floor area of less than 2,000 square feet; d. that includes a description and boundary survey drawing of the property and proposed structure on a 1-inch-equals-50-foot scale or another appropriate scale, as determined by the Director, showing that the additional floor area will not extend into any adopted master plan road right-of-way; and e. that is submitted within one year after demolition or destruction of the previous building was substantially completed. 8. Certain non-residential properties. An unplatted parcel or a part of a previously platted lot used for reconstruction of a non-residential structure involuntarily demolished by force of nature if the floor area, height, and footprint of the new replacement structure are not increased. 9. Agricultural land used for Farm Alcohol Production or agritourism. An unplatted parcel used for Farm Alcohol Production or for Accessory Agricultural Education and Tourism. 10. Utility and Communication Structures. The construction of telecommunications towers, antennas, solar arrays, relay stations, or similar facilities, including their associated accessory structures, which are not intended for the shelter, support, or enclosure of persons, unless otherwise required by the Board or unless future development of the land requires a subdivision plan.

The Board administers this Chapter.

This Chapter does not repeal or modify or otherwise affect any other ordinance, resolution, rule, or regulation of the County; however, wherever this Chapter imposes more stringent requirements, the provisions of this Chapter must prevail.

A. The Board will consider subdivision of land as follows: 1. Except for an administrative or minor subdivision under Divisions 50.6 and 50.7, the subdivider must submit a complete preliminary plan application form and payment of the required fee. 2. The plat of all or part of an approved subdivision plan must be submitted with required supporting data and documents, a completed application form, and payment of the required fee. B. Subdivision of part of a tract. The Director may reject a subdivision plan application for part of a tract if the size and shape of the property as submitted prevent designing a plan that will meet standards established by these regulations, and require all or a larger part of the tract to be platted to meet this Chapter, Chapter 49, or other laws or regulations. C. Properties with a pending water or sewer category change request. The Director may reject a subdivision plan application for a property undergoing review by the Council for a water or sewer category change request, and require Council action to approve the request before a preliminary plan application is accepted. D. Area within pending zoning map amendments. The Director may reject a subdivision plan if all or any part of the plan is located within the boundaries of a pending amendment to the zoning map. The subdivider may resubmit the plan immediately after the final disposition of the pending amendment. This Subsection must not apply if any map amendment is still pending 6 months after the date of the submission of the plan. E. Area within pending master plan. The Board may defer action on a proposed subdivision plan application if all or any part of the plan is located in the boundaries of a pending master plan or master plan amendment. For purposes of this Section, a pending master plan or master plan amendment is the public hearing draft master plan or master plan amendment. 1. The subdivider may resubmit a proposed subdivision plan deferred under this Section to the Board either: a. after the final disposition by the District Council of the pending master plan or master plan amendment; or b. no later than 12 months from the date the Board approves the public hearing draft master plan or master plan amendment, unless there is a determination by the Board that the subdivision plan application presents a substantial conflict with the proposed public hearing draft master plan or master plan amendment, in which case the Board may defer a subdivision plan application for a maximum of 18 months from the date the Board approves the public hearing draft master plan or master plan amendment, but in no event beyond the period in Subsection a. Ord. No. 19-12, § 3, states: Automatic Extensions. (a) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (b) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (c) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (d) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended. (e) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. Ord. No. 19-12, § 4, states: Automatic Extensions: (a) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (b) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (c) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended. (d) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended. (e) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.