Sec. 32-135. Development Bonds
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.
Prince George's County, Md., Code § 32-135 (2026)
Sec. 32-135. Development BondsLinkCopy Citation
(a)
In the evaluation of development sites, no permit for grading and/or site development disturbing more than one acre of the site shall be issued until the applicant (excepting County Governmental Departments and agencies, municipalities and/or municipal corporations for municipal-owned property), as principle, has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division.
(b)
Except as otherwise provided, the amount of any bond required to be posted under this Section shall be equal to or greater than the total cost of the project, as estimated by the Department, including an additional twenty-five percent (25%) of the estimated cost for contingencies, plus the current unit price per square foot of the area to be afforested or reforested.
(c)
No deposit or bond is required for a single permit for grading and other work disturbing less than one acre. However, a cash deposit or bond is required for simultaneously applied for, or sequentially numbered permits for, work on contiguous lots or parcels with an aggregate disturbed area of more than one acre, or in those instances, in the determination of the Director, where individual permit applications necessitate the need for the posting of a bond. This exception to the bond requirement shall not be construed as an exception to the requirements for a permit.
(d)
If all work authorized by the permit is not completed within the time specified therein or as otherwise provided for in Section 32-143 or violates any other term or condition of the permit it shall be defaulted. A cash deposit shall be forfeited or, if a bond has been posted, action will be taken as follows:
(1)
Where the Director determines that a permit is in default and the work is guar-anteed by a surety bond, the Department shall immediately notify the bonding institution or agent to undertake and complete the work in accordance with the permit.
(2)
Where the Director has determined that a permit is in default and the work is guaranteed by a form of bond other than a surety bond, and the bonding institution or agent fails to commit to undertake completion of the work within thirty (30) days of having been given notice by the Department, the Director shall immediately move to collect all bonds which have been posted.
(3)
Upon a decision to collect the bonds, the Director shall evaluate the work remaining to be performed and determine whether,
(A)
the work covered by the permit should be completed;
(B)
the work site should be restored to its original condition; or
(C)
other modifications to the permitted work site should be made. The Director shall then determine whether the bonds posted are sufficient to carry out the required completion, restoration or modified work.
(4)
After evaluating the work to be performed as specified above, the Director shall develop an estimate of the costs for said work, to include an amount equal to twenty-five percent (25%) of the anticipated construction cost as contingency, and compare the estimated amount to the amount of the bond posted by the permittee.
(A)
If the amount of the bond posted is in excess of the estimate, the Department shall immediately move to collect the bonds and carry out the necessary work. The entire amount of the bonds posted may be used either in or near the permit site as may be determined by the Director to be necessary.
(B)
If the bonds posted are not sufficient, the Department shall develop and implement a course of action as determined by the Director. The Department shall immediately move to collect all of the bonds which have been posted.
(5)
If the bonds which have been posted are in excess of the amount required to complete the permitted work, any necessary restoration work or modified work as determined necessary by the Director to be necessary, the excess amount shall be released to the payer after all work has been finished by the Department and all costs of same have been accounted for.
(6)
Upon notification that a bond has been forfeited in accordance with this Subtitle, the bonding institution or agent providing the bond shall have thirty (30) days to issue payment to the County. If the bonding institution or agent fails to render payment within thirty (30) days of the notice from the Director to make payment, the bonding institution or agent may be barred from issuing any subsequent bonds for any other work within the County for a period of five (5) years. The right to reissue bonds after having been previously barred shall be allowed only after all outstanding amounts have been paid, plus an amount equal to ten percent (10%) a year, compounded annually.
(e)
All funds received from defaulted permits will be used by the County to defray the cost of contracting, including engineering and administration and for the completion of all work authorized by the permit per the approved plans, but no less than restoring the site to meet the minimum requirements of this Division with particular emphasis on stability, safety, drainage, vegetative cover and erosion control. Any unused portion of monies forfeited will be returned. In the event that the entire amount of cash deposit or bond is expended, the permittee has a continuing obligation for payment of all additional monies expended by the County for the implementation of the plan. Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.
(f)
Before acceptance, all bonds shall be approved by the Director and the County Attorney. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Maryland. If a cash bond is offered, it shall be deposited with the Office of Finance, Treasury Division, which shall give an official receipt therefore, stipulating that said cash has been deposited in compliance with, and subject to the provisions of this Section.
(g)
Cash deposits shall be returned and surety bonds cancelled upon compliance of all work authorized by the permit and the issuance of a certificate of completion by the Director.
(h)
Upon completion and acceptance of the various stages of grading and/or site development, the permittee may request, in writing to the Director, partial release of the monies posted as a guarantee pursuant to this Section. A Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses shall be paid for each request.
(i)
Whenever the Director requests payment of the monies posted as a guarantee pursuant to this Section, the permittee shall pay a Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses.
(j)
Where a site requires afforestation or reforestation, no grading permit, building permit, or combination thereof, shall be issued until the applicant has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division and Subtitle 25.