Information below is taken from the Montgomery County Office of Legislative Oversight Report Number 2007-4 “Residential Infill Construction: A Review of County Laws, Regulations, and Practices” dated February 13, 2007.  For a complete copy of OLO-Report 2007-4, go to www.montgomerycountymd.gov/olo.

1. The County Code regulates residential infill construction primarily through the Building Code and the Zoning Ordinance (ZO).
    
2. Building permits are issued through the Department of Permitting Services (DPS).
    
3. The R-60 (minimum lot size 6,000 sq. ft.) and R-90 (minimum lot size 9,000 sq. ft.) residential zones were established by the ZO in 1954.
    
4. The ZO includes specific development standards in the R-60 and R-90 zones, including standards for:
   • minimum net lot area
   • minimum lot width
   • minimum setbacks from lot lines
   • maximum building height
   • maximum lot coverage
   
    
5. The ZO allows single family residential construction on lots recorded before 1958 to use the zoning standards in effect when the lot was recorded instead of the current zoning standards (§59-B-5) except that:
   • Lots recorded before Mar. 16, 1926 must meet the standards in the 1928 ZO
   • The maximum building height and maximum building coverage must comply with the standards of the lot’s underlying zone at the time of construction
   • An established building line setback must confirm to the standards for determining the established building line at the time of construction.
Other restrictions and standards apply to lots recorded before 1958.
 
6. Building permits issued by DPS for infill construction projects in the 11 zip code areas of the County where the R-60 and R-90 zones exist for the 63.5 months between July 2001 and November 15, 2006, were:
   • 10,271 (100%) permits issued
     • 8,991 (88%) addition/renovation
     • 1,181 (11%) demolition-rebuild
     • 99 (1%) new construction on undeveloped lot
        
  
7. Addition/Renovation: permits in R-60 and R-90 zones between July 2001 and November 15, 2006, totaled 8,991. DPS actions related to these permits included:
   • 43,307 routine building inspections 438 verified construction-related (setbacks, development standards-residential, zoning enforcement, lot coverage) zoning complaint inspections, resulting in 95 stop work orders
   • 699 verified construction complaint inspections for no building permit, resulting in 288 stop work orders
   • 717 verified construction complaint inspections for issues other than no building permit, resulting in 97 stop work orders
      
8. Demolition-Rebuild/New Construction: permits in R-60 and R-90 zones between July 2001 and November 15, 2006, totaled 1,280. DPS actions related to these permits included:
   • 8,735 routine building inspections
   • 185 verified construction-related (setbacks, building height, zoning enforcement, development standards-residential, lot coverage) zoning complaint inspections, resulting in 13 stop work orders
   • 53 verified construction complaint inspections for no building permit, resulting in 8 stop work orders
   • 387 verified construction complaint inspections for issues other than no building permit, resulting in 18 stop work orders
   
    
9. Administrative appeals to the Board of Appeals (BOA) to contest DPS' action on building permits between July 2001 and November 15, 2006 resulted in the following actions for these appeals:
   • 40 (100%) filed
     • 21 (52.5%) dismissed by BOA or withdrawn by applicant
     • 8 (20%) upheld DPS’ permit decision
     • 4 (10%) granted and DPS permit decision overturned
     • 3 (7.5%) partially granted
     • 2 (5%) continued/yet to be decided
     • 2 (5%) status unknown