This part applies only in the regional district.

A person may not construct or alter structurally a building or other structure in the regional district without a building permit. A building permit shall conform to this division and any local law enacted by the appropriate district council. A building permit may not be required for a building or structure to be used exclusively for agriculture on land used exclusively for agriculture. A local law enacted under this division may not require the Commission to approve a building permit.

By zoning law, a district council may provide for: the issuance of use and occupancy permits; and a process to raise a zoning question before the preparation of all structural specifications of a building or structure that may be required for a complete building permit. In Montgomery County, all building permit applications shall be referred to the Commission for review and recommendation as to zoning requirements. In Prince George’s County, the County Council, by local law, may provide for the referral of some or all building permit applications to the Commission for review and recommendation as to zoning requirements.

A permit to construct a building or structure in a subdivision may not be issued unless the road giving access to the lot where the building or structure is proposed to be located: has the legal status of a public road or was dedicated to public use; corresponds in its exact location with a road shown on a subdivision plat approved by the Commission or with a master plan of transportation or plat adopted by the Commission; or is on a private right–of–way or easement approved as adequate by the county council in accordance with subsection (b) of this section. By local law, the county council may: adopt standards to assure that a private right–of–way or easement is adequate to provide access to a lot where a building is proposed to be located; and delegate to the executive branch or county planning board the authority to approve a private right–of–way or easement that is adequate under item (1) of this subsection.

This part applies only in the portion of the regional district located in Montgomery County.

A permit for the construction of a building or structure may be issued only if: adequate plans are made for the disposal of waste, sewerage, and drainage from the building or structure; and the plans are presented to the building inspector that has jurisdiction.

Subject to subsections (b), (c), and (d) of this section, by local law, the legislative body of a municipal corporation or governed special taxing district may impose an additional or stricter building requirement than is required by a State, regional, or county unit that exercises zoning or planning authority over the municipal corporation or governed district if the authority is exercised in addition to the State, regional, or county zoning or planning authority. Subject to paragraph (2) of this subsection, a building requirement adopted under this section: shall be imposed for: the protection of the public health, safety, and welfare; or the preservation, improvement, or protection of lands, water, and improvements in the municipal corporation or governed special taxing district; may regulate only the construction, repair, or remodeling of residential buildings with four or fewer dwelling units, including single–unit houses, duplexes, triplexes, quadplexes, cottage clusters, townhouses, and similar buildings, and their accessory structures, as it relates to: fences, walls, hedges, and similar barriers; signs; residential parking; residential storage; the location of buildings and structures, including setback requirements; the dimensions of buildings and structures, including height, bulk, massing, and design; and lot coverage, including impervious surface; and shall apply without regard to housing type. A building requirement adopted under this section for residential buildings with two to four dwelling units: may not be more restrictive than a building requirement adopted under this section for a single–unit house; but may be less restrictive than a building requirement adopted under this section for a single–unit house. Before adopting a local law under this section, a municipal corporation or governed special taxing district shall: hold a public hearing; and at least 30 days before the public hearing, transmit a copy of the proposed local law to the county council. A local law that a municipal corporation or governed special taxing district adopts under this section shall provide a procedure for a waiver from the strict application of the building requirements. By local law, a municipal corporation or governed special taxing district may enact an additional or stricter commercial sign regulation than is imposed by the State, the Commission, or the county.

This part applies only in the portion of the regional district in Prince George’s County.

The County Council may provide for the issuance of permits for the construction, repair, or remodeling of buildings. A person may not construct, repair, or remodel a building without obtaining a permit and paying a fee established by the County Council. The County Council shall: regulate uniformly the construction, improvement, and demolition of buildings; regulate the size of bricks and thickness of walls that are used in houses to be built; provide for the entry into and examination of all buildings, lots, yards, enclosures, boats, and vehicles in order to determine their condition for health, cleanliness, and safety; provide for the taking down and removal of buildings, walls, structures, or superstructures that are or may become dangerous; or require owners to move the buildings, walls, structures, or superstructures or put them in a safe and sound condition at their own expense; regulate the building and maintenance of party walls, partitions, fences, parapet walls, fire walls, smoke flues, fireplaces, hot–air flues, boilers, kettles, smokestacks, and stove pipes; regulate the storage of gasoline and other combustibles or explosives in any structure listed in item (v) of this paragraph; regulate the safe construction, inspection, and repair of private and public buildings; regulate, limit, or prohibit the construction of wooden or frame buildings and remove the buildings at the owner’s expense, when constructed or not removed; regulate the height, construction, and inspection of new buildings; regulate the limits in which steps, porticoes, bay windows, or other structural ornaments may be added to houses fronting on a highway, street, avenue, lane, or alley; regulate the materials used and the manner of installing electric wiring or piping or laying conduit in any building; regulate the location, manner of installation, size, and area per lot of all advertising structures and restrict the projection of advertising structures over public property; adopt and enforce all necessary rules or regulations over public property; and impose fines and penalties for violations of rules or regulations adopted under this paragraph. A local law is not valid or effective until it is adopted by the County Council at a regular meeting and recorded in the records of the County Council. Before adopting any local law under this section, the County Council shall publish notice of the date, place, and time, in a newspaper of general circulation in the part of the regional district affected by the local law, of the meeting of the County Council at which the local law is to be presented for adoption. The notice shall: state that the meeting will include a hearing on the proposed local law at which all persons will be given an opportunity to express the person’s views on the proposed local law; briefly indicate the nature of the local law to be adopted, amended, or repealed; or if a complete and comprehensive building code is to be considered for adoption, provide a statement to that effect; and be published at least once each week for 2 consecutive weeks before the date of the meeting, but the County Council may provide for more extensive notification. After local laws are adopted, the County Council shall record the local laws in a book kept for that purpose in the office of the County Council. When the local laws are recorded under this paragraph, all persons are deemed to have notice of the local laws and no actual notice need be proven. The County Council shall print a sufficient number of copies of the adopted and recorded local laws for general distribution. If it is necessary to prove the existence of the local laws in any judicial proceeding, a printed copy is prima facie evidence of the existence. The County Council may wholly or partly amend any local law adopted under this section. Amendments are valid and effective when recorded as provided in subsection (c) of this section. The County Council may exempt a municipal corporation or special taxing district in the regional district from local laws adopted under this section if the County Council determines that the building regulations and enforcement in the municipal corporation or special taxing district are as adequate and equally effective as the local laws adopted by the County Council. The County Council, in addition to the remedies provided for by this subtitle and Title 27 of this article, may provide for the enforcement of the local laws adopted under this section by applying to the Circuit Court for Prince George’s County for an injunction. A violation of the local laws is sufficient cause in itself for the issuance of an injunction when applied for, and no further cause need be alleged or shown. A building code adopted under this section shall be enforced by the officers designated in the county charter or county code. All fees and penalties are governed by the law applicable to a charter county.

The county board of education shall comply with all building regulations the County Council adopts for the regional district. The county board of education shall provide: fire escapes for all school buildings in use before May 7, 1943, if the buildings are more than one story in height; and fire escapes for all buildings constructed on or after May 7, 1943. If the county board of education does not comply with this title, the County Council may contract for the performance of the work and deduct costs incurred for the work from the amount allocated for the support of schools in the county.

The county or a unit of the county responsible for issuing grading permits shall place conditions on a grading permit issued under Subtitle 4, Division 3 of the Prince George’s County Code (2007 Edition) if: the permit involves at least 10 acres of land in the county portion of the regional district; and the county or the unit finds there is or would be an adverse effect, as a result of noise or traffic, on the safety, health, or welfare of the residents in the immediate area of the land that is the subject of the grading permit.

When an administrative official issues a use and occupancy permit that under the applicable county zoning law allows entertainment to be held for an association, a club, a society, or another organization or the public, the official promptly shall transmit a copy of the permit or give other notice of the issuance of the permit to: the Board of License Commissioners; the chief of police; the fire chief; the director of the Department of Environmental Resources; and if applicable, the municipal corporation in which the entertainment is to be held.

In this part the following words have the meanings indicated. “County unit” includes: the Commission; the county Department of Environmental Resources; the county Department of Public Works and Transportation; the county fire/EMS department; the county health department; and the Washington Suburban Sanitary Commission. “Development” has the meaning stated in § 1–101 of this article. “Development permit” means a building permit or other permit issued in writing, as required by local law, to authorize the start of construction activities to construct, alter, demolish, or relocate an existing structure. “Qualifying redevelopment project” means a development project to rehabilitate dilapidated real property through demolition, reconstruction, or reuse that qualifies for expedited development permit review under this part.

This part applies only in Prince George’s County.

The purpose of this part is to encourage environmentally responsible urban renewal and revitalization through expedited review of development permits required for qualifying redevelopment projects.

Except as provided in subsections (b) and (c) of this section, within 90 days after receiving an application for a development permit for a qualifying redevelopment project, the county shall: approve or disapprove the application; and notify the applicant of the approval or disapproval in writing. The county shall have an additional 60 days to comply with subsection (a) of this section if: a county unit involved in the review of the application determines that the extension is necessary to complete the review based on: the nature or complexity of the application; or unresolved issues related to the application; and the county unit notifies the applicant about the extension in writing; or the applicant modifies the application for any reason, including for the purpose of responding to a request from a county unit that is involved in the review of the application; and the modification is made during the original 90–day period under subsection (a) of this section. In addition to the 60–day extension provided under subsection (b) of this section, the county shall have an additional 30 days to comply with subsection (a) of this section if: the applicant modifies the application for any reason, including for the purpose of responding to a request from a county unit that is involved in the review of the application; and the modification is made during the 60–day extension under subsection (b) of this section.

A qualifying redevelopment project shall incorporate environmentally responsible design elements that promote: water conservation by using practices, techniques, and technologies that: reduce the consumption, loss, or waste of water; improve efficiency in the use of water; or make more efficient use of the water treatment infrastructure; energy efficiency by using practices, techniques, and technologies that reduce and minimize the consumption, loss, or waste of energy; and the use of recycled or recyclable building materials.

In Montgomery County, it is a misdemeanor to: construct, alter structurally, or use any building, structure, or land in violation of this title, a local law adopted under this title, or a decision made under this title; or willfully issue a building, use, or occupancy permit in violation of this title, a local law adopted under this title, or a decision made under this title. The County Council of Montgomery County or the prosecuting official of the county may prosecute any violation under this subsection. In Prince George’s County, it is a misdemeanor to: construct, alter structurally, or use any building or other structure in violation of the building code of Prince George’s County; use land in violation of this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title; or willfully issue any permit, including a building, use, or occupancy permit, in violation of the building code of Prince George’s County, this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title. The county attorney or the State’s Attorney may prosecute any violation under this subsection. In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George’s County may provide by local law for the imposition of civil monetary fines or penalties for a violation of: this title; a local law adopted under this title; a decision made under this title; or a zoning text amendment adopted under this title. The governing body may provide for the enforcement of the local law: as provided in Title 11, Subtitle 2 of this article, and not subject to an appeal to the board of appeals; or by a hearing by an official or unit of the county, subject to an appeal from the hearing to the board of appeals. The governing body may provide for the county attorney to prosecute violations for which civil monetary fines or penalties are imposed. In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George’s County, public officials of any municipal corporation or political subdivision in the regional district, or any neighboring property owner or occupant may institute a civil action to prevent unlawful construction, alteration, or use of a building or land. In an action under paragraph (1) of this subsection, any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.