# Division 1. General Provisions

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Division 1. General Provisions

### Sec. 23-101. Short title; purpose

Prince George's County, Md., Code § 23-101 (2026)

(a) This Subtitle and all provisions herein shall be known and may be hereafter cited as "The Road Ordinance of Prince George's County, Maryland."

(b) The purpose of this Subtitle shall be to promote the safety and welfare of the citizens of the County by regulating and establishing standards for all road construction, as herein defined, and to assure the provision of adequate and safe roads in connection with the development of, or construction upon, adjacent or nearby lands.

### Sec. 23-102. Definitions

Prince George's County, Md., Code § 23-102 (2026)

(a) Except as herein provided, the definitions of words and phrases used in this Subtitle shall be the same as stated in Subtitles 1, 4, 24, 26, and 27 of this Code. If not defined in the said Subtitles or herein, the words or phrases shall have the meanings generally recognized under Maryland law.

(b) The following words and phrases are hereby defined with respect to their use in this Subtitle:

  (1) Acceptance. The decision or ruling of the Director, or his duly authorized agent, that the construction specified in a permit, or under contract with the County, has been completed so as to allow the release of the permit and the assumption of County maintenance of the completed construction.

  (2) Applicant. Any person, as herein defined, who has applied for a permit to perform any construction regulated by this Subtitle.

  (3) Approval. The decision or ruling of the Director, or his duly authorized agent, that the plans, specifications, agreements, conditions, and other supporting documents submitted by an applicant are in order and meet the applicable standards and requirements of this Code, so that a permit may be issued.

  (3.1) Complete Street means a public street that safely and adequately accommodates motorized and non-motorized users, including pedestrians, bicycles, motor, freight, emergency and transit vehicles, in a manner appropriate to the function and context of the facility.

  (4) Default. The condition in which a permittee has failed to complete the work covered within the scope of the permit within the time prescribed in the permit, or the time prescribed by this Subtitle if not stated in the permit.

  (5) Department. The Department of Permitting, Inspections, and Enforcement of Prince George's County.

  (6) Design and Construction Standards. The "Specifications and Standards for Roadways and Bridges," the "Specifications and Standards for Highway Traffic Signals," and the Design Manual for Small Wireless Facilities of the Department of Public Works and Transportation, as adopted and amended from periodically as provided for by this Subtitle, together with the Design and Construction Standards specified herein, and the policies and procedures adopted pursuant to the authority of the Director of Public Works and Transportation as provided for by this Subtitle.

  (7) Developer. Any person, as herein defined, undertaking any building, alteration, reconstruction, or other development or redevelopment activity as herein defined.

  (8) Director. The Director of the Department of Permitting, Inspections, and Enforcement, or his duly authorized agent.

  (8.1) Green Street means a street or road that safely and adequately accommodates and incorporates best management practices of environmental site design for addressing stormwater runoff, including using small scale stormwater management practices, nonstructural techniques, and better site planning to minimize the impact of road and sidewalk development on water resources.

  (9) Inspector. A person authorized by the Director to observe and inspect conditions within or affecting the right-of-way, to include road construction and materials used in road construction to determine or enforce compliance with this Subtitle, the Design and Construction Standards, and the terms of any permit or contract requirement.

  (9.1) Litter. Litter as defined by Section 13-261 of this Code.

  (10) Park and Planning Commission. The Maryland-National Capital Park and Planning Commission.

  (11) Permit. An official document or certificate issued by the Director, or his duly authorized agent, authorizing performance of specified construction at a specified location and within a specified time, together with all supporting documents, agreements, conditions, plans, and specifications.

  (12) Permittee. Any person who has been granted a permit for construction. Also, any contractor, subcontractor, excavator, or other person undertaking construction pursuant to a permit.

  (13) Person. A person as defined by Section 1-102 of this Code; also any public utility, public agency, political subdivision, authority, or agent thereof.

  (14) Planning Board. The Planning Board for Prince George's County, as defined in the Land Use Article of the Annotated Code of Maryland.

  (14.1) Portable Storage Container. A non-vehicular outdoor container for the storage of household or other items greater in size than three cubic yards.

  (15) Public Utility. An organization franchised by the County or State Government or authorized by law to install, operate, and maintain facilities in public or private rights-of-way for the purpose of distribution of fuel or energy, for communication, or for distribution of a public water supply and collection and conveyance of sanitary sewage or storm water. This term does not include an organization franchised to construct, operate, or maintain a public transportation system.

  (15.1) Utility Designated Inspectors mean utility staff inspectors or third-party inspectors of the utility's choosing and approved by the County. Utility staff eligible for training must be currently working in the inspection field as engineering technicians, or the appropriate equivalent, with construction inspection work experience.

  (16) Right-of-Way. Any land area which has been dedicated to public use by a plat of subdivision or other instrument recorded in the land records of the County; also, any land area deeded to or acquired by the County for road or transportation purposes; also, any land area which has been conveyed to a public agency by easement for public use for road or transportation purposes; also, any land area which has been declared by competent authority to be a public right-of-way through use or through prescriptive usage in accordance with Maryland law; also, any land area along a County-maintained road which falls within the traveled way or the actively maintained shoulders and side ditches of the County-maintained road. With respect to a private road conforming to this Code, any land area contained in an easement or private right-of-way recorded in the land records of the County for ingress and egress, access, or terms of similar meaning. With respect to storm water management facilities, any land area contained in an easement or right-of-way recorded in the land records of the County for the installation, operation, or maintenance of the said facilities.

  (17) Road. Any travel way or right-of-way, whether open or not, and any land area dedicated to public use, in a recorded deed or recorded plat of subdivision, for the purpose of, or used for, passage of vehicular or pedestrian traffic, together with adjacent appurtenant drainage ditches, channels, support slopes, structures, walks, and traffic control devices. This term shall embrace all ways designated as roads, streets, alleys, lanes, paths, highways, avenues, or terms of similar meaning.

    (A) County Road.

      (i) County-maintained. A public road which has been accepted for full perpetual maintenance by the County.

      (ii) Other Public. A public road which has been dedicated, deeded, or assigned to public use through easement, and is open to the public, but over which no public agency has assumed the responsibility for full maintenance. Maintenance by the County is limited to the correction of dangerous conditions so as to permit all-weather use by emergency vehicles and to correct any condition that jeopardizes the lives of the motoring public.

      (iii) Other Public Surfaced. An other public road which has been improved with an all-weather surface by the County. Maintenance is limited to providing snow and ice control as necessary for emergency vehicle access, drainage work necessary to protect the all-weather surface, and repairs to the paved surface.

    (B) Federal Road. A public road which is under the jurisdiction of the United States Government.

    (C) Historic Road. A public or private road, as designated by the County Council, which has been documented by historic surveys or maps, and which maintains its historic alignment and historic landscape context through views of natural features, historic landscape patterns, historic sites and structures, historic farmstead groupings, or rural villages.

    (D) Municipal Road. A public road which is under the jurisdiction of an incorporated municipality.

    (E) Park Road. A public road which is under the jurisdiction of the Park and Planning Commission.

    (F) Private Road. Any road which is not a public road. Alleys are considered private roads that are not maintained by the County.

    (G) Public Road. A road which has been accepted for maintenance by a public agency, political subdivision, or incorporated municipality; also, any road which lies within a right-of-way owned by, or under the jurisdiction of, the County or dedicated to public use by a recorded deed or recorded plat of subdivision; also, any road which has become recognized as public under Maryland law through long use by the general public.

    (H) Scenic Road. A public or private road, as designated by the County Council, which provides scenic views along a substantial part of its length through natural or manmade features such as forest or extensive woodland, cropland, pasturage, or meadows; distinctive topography, including outcroppings, streambeds, or wetlands; traditional building types; historic sites; or roadway features such as curving, rolling roadway alignment and "leaf tunnels."

    (I) State Road. A public road which is under the jurisdiction of the State of Maryland.

  (18) Road Construction. Any act of opening, cutting into, clearing, grading, cultivating, excavating, maintaining, repairing, building, constructing, improving, or otherwise altering any road or any part thereof; also, placing any structure, plant, or other permanent object in a road, whether authorized by permit or not; also, any act of establishing or creating an entrance into any road.

  (18.1) Road Restoration means the temporary or permanent act of road restoration following road construction.

  (19) Roadside Tree. Any tree or shrub growing within the right-of-way of any public road.

  (20) S.H.A. The State Highway Administration of Maryland.

  (20.1) Small Wireless Facility means a facility that meets each of the following conditions:

    (i) the facility:

      (1) is mounted on a structure 50 feet or less in height, including the antenna, or

      (2) is mounted on a structure no more than 10 percent taller than other adjacent structures, or

      (3) does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

    (ii) each antenna associated with the facility, excluding associated equipment, is no more than three cubic feet in volume;

    (iii) all other wireless equipment associated with the structure, including the equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and

    (iv) the facility does not result in human exposure to radio frequency (RF) radiation in excess of all applicable FCC safety standards.

  (20.2) Small Wireless Facility Permit means a permit authorizing placement of a small wireless facility in the public right-of-way.

  (20.3) Small Wireless Facility Permittee means a person applying for or holding a permit to place a small wireless facility in the public right-of-way

  (21) Specifications. The "General Specifications and Standards for Roadways and Bridges" and the "Specifications and Standards for Highway Traffic Signals," and the Design Manual for Small Wireless Facilities of the Department of Public Works and Transportation, as adopted by this Subtitle and as amended from periodically as provided by this Subtitle, along with any construction specifications, general specifications, special conditions, and terms of any covenant or agreement referenced in a construction contract or a permit for road construction, as adopted pursuant to the authority of the Director as provided for by this Subtitle.

  (21.1) Urban Design. Design standards focused on the public streetscape within urban areas, such as streets, sidewalks, street furniture and amenities, including bicycle facilities that form a high-quality, pedestrian-friendly sense of place.

  (22) WSSC. The Washington Suburban Sanitary Commission.

  (23) Weeds. Weeds as defined by Section 13-261 of this Code.

### Sec. 23-103. Obligation for road improvements

Prince George's County, Md., Code § 23-103 (2026)

(a) Any person seeking to undertake building, alteration, reconstruction, or other development or redevelopment on land which fronts on an existing or proposed public road shall be responsible for constructing or upgrading said road to an approved standard. No person shall undertake any building, alteration, reconstruction, or other development or redevelopment on a property, and no building permit shall be issued for such activities unless the Department has determined compliance with the requirements of this Subtitle. The road shall be constructed to its ultimate cross section in accordance with the Design and Construction Standards, to an alignment approved by the Department.

(b) Any person required to obtain a haul road permit pursuant to the provisions of this Subtitle shall be required to install pavement for a sufficient distance, as determined by the inspector, from an existing road onto the site wherein the facility is located, as would effectively prevent the deposit of debris, fill, refuse, or other sediment on an existing road during the ordinary course of hauling operations, unless other methods consistent with said purpose, and approved by the inspector, are employed.

(c) No person shall undertake any road construction without having first obtained a permit from the Department in accordance with the provisions of this Subtitle, unless specifically exempted.

(d) All road construction shall conform to the requirements of this Subtitle and to the approved plans, specifications, and terms of a permit issued by the Department, and, unless otherwise stated in the approved plans and the permit, to the Design and Construction Standards.

(e) Where the Director has waived or deferred requirements for improvements to an other public road, any further improvements to the roadway shall be at the sole expense of the owners of the abutting properties to the extent that the improvements to be made include those improvements which were previously waived or deferred. The County shall not be obligated to assume responsibility for the maintenance, repair, or improvement of the road or portion of the road where road construction requirements have been waived or deferred.

(f) Where the Director has waived or deferred requirements for improvements on or along County-maintained roads, any further improvements to the roadway shall be at the sole expense of the owners of the abutting properties to the extent that the improvements to be made include those improvements which were previously waived or deferred.

(g) No person shall establish or create an entrance or intersection of a road, driveway, haul road, or other vehicular way into any County road unless the Director has determined compliance with the requirements of this Subtitle.

### Sec. 23-104. Exemptions

Prince George's County, Md., Code § 23-104 (2026)

(a) The following road construction activities do not require a permit from the Department:

  (1) Road construction by the United States Government, or an agency thereof, incidental to construction or development on property under the jurisdiction of the United States Government;

  (2) Road construction by the Maryland State Highway Administration in connection with the construction, improvement, or maintenance of a State road;

  (3) Road construction by, or under, a permit or contract issued by an incorporated city, town, or village upon a municipal road under the jurisdiction of said city, town, or village;

  (4) Road construction by a person working in conformance with a contract with the Department of Public Works and Transportation for construction, improvement, or maintenance;

  (5) Activities pursuant to mandatory requirements for removal of snow and ice and incidental upkeep of sidewalks, entrances, and grass areas in the public right-of-way by, or on behalf of, the owner of abutting property;

  (6) Placement of mailboxes, newspaper delivery boxes, and similar facilities, provided that they conform to standards established by the Department of Public Works and Transportation;

  (7) Erection of temporary real estate directional signs in conformance with this Code;

  (8) Activities for which the Director has granted a waiver.

### Sec. 23-105. Authority of the Director

Prince George's County, Md., Code § 23-105 (2026)

(a) The Director shall administer and enforce this Subtitle except as specifically provided otherwise. In addition, the Director is authorized and empowered to make, adopt, and amend such rules and regulations as are reasonably necessary to implement the requirements and purpose of this Subtitle, and to fully exercise the authority of Article 25A of the Annotated Code of Maryland and the County Charter, to protect the public safety and health with respect to public roads under the jurisdiction of the County.

(b) The Director shall review the Design and Construction Standards and may recommend amendments or revisions as he deems necessary, from time to time, except as otherwise specifically prohibited. Prior to implementing a revision to the Design and Construction Standards, the proposed revision shall be made available to the public for input.

(c) The Director may disapprove the issuance of a permit for all or part of the proposed road construction where the work will interfere with the access to adjacent properties or the abutting lots, will not provide adequate traffic safety or circulation or continuation of the road, or the road construction may have an adverse effect on the public roads or nearby properties.

(d) At any time prior to acceptance of the completed road construction under a permit issued by the Department, the Director may find that the limits or details of the work called for in the permit will not provide proper grading, will interfere with access to adjacent properties or the abutting lots, or will not provide adequate drainage or traffic circulation or continuation of the road, and for these and other reasons indicating that the road construction may have an adverse effect on the public roads or nearby properties may:(1)Alter the permit requirements to extend, reduce, or modify the extent or details of the road construction; or(2)Revoke the permit where work has not started pursuant to the procedures contained herein.

(e) Where the Director finds that road construction has been performed by an owner, occupant, or developer of property abutting a road, or by another person, whether the work was under a permit or not, and a situation has been created which constitutes or creates a hazard or interference to the users of the road, results in a nuisance, or is otherwise not in compliance with the County Code or the Design and Construction Standards, the Director may order the owner or developer of the abutting properties, or the person who created the situation, to correct or remove the construction or correct the situation within a specified period of time. If the owner or developer of the abutting property fails to take corrective action as specified in the order within the designated period of time, in conformance with this Subtitle, the Director may cause the necessary corrections to be made, and the costs of this action may be assessed to the owner in accordance with the provisions of Section 23-109. If a person who is not the owner, developer, or representative of same for the abutting property creates a situation, as set forth above, which the person fails to correct when notified by the Department, the Department may perform the necessary corrective action and the person who created the situation shall be guilty of a misdemeanor.

(f) The

  Director of Public Works and Transportation shall establish and apply standards for the maintenance of all County roads.

(g)

  (1) The Director is authorized to waive, defer, or accept payment in lieu of compliance with the requirements of this Subtitle (except as provided in Subsection (h)), in whole or in part, where construction of road improvements is not practicable or desirable due to scattered ownership of lots in the area, insufficient right-of-way, or other factors determined by the Director to constitute an unreasonable hardship to the applicant or permittee, or hazard or nuisance to the public. Nothing herein shall be deemed to authorize the Director to waive or reduce any private right-of-way or easement standards set forth in Subtitle 24 of this Code, but the Director may increase these standards when deemed appropriate.

  (2) As relates to a small wireless facility permit only, upon an Applicant's showing that enforcement of a requirement found in this Subtitle or in the Design Manual for Small Wireless Facilities and this Subtitle would conflict with any applicable law, the Director is authorized to waive any such requirement but only to the minimum extent required for compliance.

(h) The Director must verify for land located within the Chesapeake Bay Critical Area, that any and all proposed grading and/or construction is in accordance with the requirements of the Conservation Manual and Subtitles 4, 5B, 24, and 27 of the County Code prior to the approval or issuance of any permit within the Critical Area. The Director may not waive or grant a variance from this Subsection.

(i) Notwithstanding Section 23-105 of this Division, if the Director disapproves a permit complying with Urban Street Design standards, they shall provide formal findings with full documentation that includes detailed evidence, analysis, and justification for a permit disapproval. These findings shall be published within the annual report.

### Sec. 23-106. Validity of prior ordinance limited

Prince George's County, Md., Code § 23-106 (2026)

Any valid permit, issued in conformance with this Subtitle prior to the effective date of this Section and in force on said date, shall continue in force subject to the requirements of law in effect at the time of its issuance; however, such permit shall be subject to the requirements of the fee schedule and bond requirements in force at the time of any request for extension.

### Sec. 23-107. Penalty

Prince George's County, Md., Code § 23-107 (2026)

(a) Any person who does any road construction in a public right-of-way without a valid permit, or performs work in conflict with the detailed plans submitted and approved for work to be performed under permit, or creates a situation within the right-of-way which requires corrective action shall immediately take those actions necessary to reinstate a pre-existing permit where the permit has expired or been suspended, or obtain a permit where none existed, and then correct or remove said work or correct said situation to bring it into conformance with established requirements or standards within the time specified in a written Notice of Violation from the Department. Noncompliance on the part of the responsible person shall be a violation of this Subtitle.

(b) Any person required by this Subtitle to have a permit who performs work which is in violation of the provisions of this Subtitle, approved permit plans, or a lawful order issued thereunder, or creates a situation in the right-of-way which constitutes a hazard to public safety, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each offense. Each day that a violation continues shall be deemed a separate offense.

(c) The application of such penalty shall not preclude the enforced removal, abatement, or correction of the conditions, which were found to be in noncompliance, through appropriate proceedings in a court of competent jurisdiction. In addition, the County may take those actions necessary to correct the situation, and all costs therefor shall be billed to the responsible person in accordance with the provisions of Section 23-109, or be recovered through legal recourse.

### Sec. 23-108. Appeals; right of appeal

Prince George's County, Md., Code § 23-108 (2026)

(a) Prior to the commencement of any appeal, any person aggrieved, with the exception of a person aggrieved under Section 23-117(a), shall, within fifteen (15) days of a decision, action, or nonaction by an authorized representative of the Department, make known in writing the basis of his complaint to the individual responsible for the decision, action, or nonaction, together with a request for review. If a satisfactory resolution cannot be reached within fifteen (15) days of the receipt of the written complaint, the person aggrieved may request a review of the decision by the next higher level of authority (as established by the Director).

(b) Any person may file an appeal to the Board of Administrative Appeals within thirty (30) days (except for a Notice of Violation which shall require the appeal to be filed within fifteen (15) days) after the resolution period provided for in Subsection (a), above, or within thirty (30) days after the expiration of a thirty (30) day period allowed for such resolution. No appeal (with the exception of a Notice of Violation) shall be considered by the Board of Administrative Appeals until the person aggrieved has obtained a decision by the Director, or the thirty (30) day period for resolution has passed without such decision.

### Sec. 23-109. Enforcement; charges; recorded statement; lien

Prince George's County, Md., Code § 23-109 (2026)

(a) Whenever the Director has provided notice to a person and instructed said person to perform corrective action within or adjacent to a public right-of-way, or to perform construction which has been deferred in accordance with the terms of an agreement or covenant, which said person fails to perform within the amount of time specified by the Director, the Director may cause the necessary corrective action or construction to be made at County expense and initiate the procedure for reimbursement of the cost as set forth herein.

(b) When the County has effected the removal of a hazard, or taken necessary corrective action to correct a problem within or adjacent to a public right-of-way, or has paid for said removal or corrective action, or has performed construction which was the responsibility of the permittee, adjacent property owner, or another responsible person, the actual cost thereof, if not paid by the permittee, owner, or person within thirty (30) days, shall be collected by initiating one or more of the following courses of action:

  (1) The recordation of a statement from the Director creating a lien against the adjacent property to be collected through a supplemental tax bill where the owner is responsible; or

  (2) Action against any bonds posted by the responsible party where the permittee is responsible; or

  (3) Legal action, including action for injunction relief, in a court of competent jurisdiction.

(c) Where the full amount due the County is not paid by such owner within thirty (30) days after notice of the charges for the removal of a hazard or correction of a problem, the Director shall cause to be recorded with the Office of Finance for Prince George's County a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which, or adjacent to which, said work was done. The sworn statement shall be available for public inspection. Recordation of such a statement shall constitute a lien on the subject property, and the amount of such lien shall be collected in the same manner as the County tax on real property.

### Sec. 23-110 through 23-111. Reserved

Prince George's County, Md., Code §§ 23-110–23-111 (2026)