# Sec. 4-365. Waiver Provision

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.

## Sec. 4-365. Waiver Provision

Prince George's County, Md., Code § 4-365 (2026)

(a)

  (1) The builder must use best efforts to meet the requirements of this Division Meaning efforts to the maximum extent practicable were made to meet the requirement(s). A builder that indicates that they cannot satisfy the step-free route of travel to at least one step-free entrance to the dwelling unit requirement, pursuant to Section 4-358 of this Division, shall request a waiver.

  (2) A waiver shall not be granted if any provision of this Division is required as a condition of approval for a Detailed Site Plan, a Special Exception or a Zoning Map Amendment.

(b) A waiver may be granted by the Director of the Department of Permitting, Inspections and Enforcement ("Director") or the Director's designee upon a determination that topography or other unusual characteristics of the building or the site exist, or that there are practical difficulties associated with compliance with this Division. No waiver shall be granted unless approved by the Director or the Director's designee. An application shall be accompanied by a Waiver Checklist Form to be completed by an applicant, which is developed and revised from time to time, by the Department of Permitting, Inspections and Enforcement for the processing and review of a waiver request. The Department of Permitting, Inspections and Enforcement shall assess an administrative fee in an amount per each waiver per each dwelling unit in a residential development project for processing and reviewing an applicant's waiver request as prescribed in the Table of Fees. The determination of the waivers shall be made during the normal process of obtaining a building permit.

(c) A waiver authorized by this Division shall not be granted by the Director or the Director's designee unless the builder seeking the waiver provides the following:

  (1) A detailed written statement of the reason(s) that the builder is unable to meet its obligations under this Division, which shall include:

    (A) The specific issue(s) for which a waiver is being requested.

    (B) Why the requirement(s) cannot be met.

    (C) Proof that the document listed in Section 4-365(c)(1) has been certified by a Maryland Registered Professional Engineer (PE) or by a Maryland Licensed Architect.

(d) After review of the waiver request, the Director shall transmit a written decision approving or denying the request concurring or disagreeing with each listed specific issue as set forth in subsection (c).

(e) The waiver may only be approved if the Director is satisfied that the waiver meets the criteria in subsection (b).

(f) No residential development project can be granted waivers for more than fifty percent (50%) of the dwelling units.

(g) Any waiver approved by the Director shall apply to the area that is subject to the approved building permit.

(h) A residential development project with approved waivers shall have the provisions of universal design set forth in this Division waived for those dwelling units of the residential development project covered by the waivers. A residential development project without waivers shall incorporate the provisions of universal design set forth in this Division in the residential development project.

(i) The Director shall notify the County Council in an annual report of waivers of:

  (1) the number of waiver applications received;

  (2) the number of waiver applications denied;

  (3) the number of waiver applications approved; and

  (4) the location by Council District of the number of waiver applications received and denied. The Director shall provide the County Council the Department of Permitting, Inspections and Enforcement's letter to an applicant explaining their decision regarding a waiver.