Property Rights - Current Regulations

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Regulation of Neighborhood Building in Montgomery County

Montgomery County regulates remodeling and new home construction through a system of laws, codes, ordinances, and permitting processes. These regulations establish what property owners can and cannot do in the course of remodeling an existing structure or building a new one.

The Zoning Department and Zoning Code
The Zoning Department (ZD), a part of the Department of Permitting Services (DPS), regulates construction in the various zones in the County through enforcement of the Zoning Code and reviews/approves all building permits.
Each zone has specific parameters, which are based on the use designated for the zone. Parameters include:

  • maximum building footprint of any proposed addition or new home
  • minimum required distances between the home and the property line for front yard, side yard and back yard setbacks
  • maximum height of any proposed addition or new home

For information on Zoning Code interpretations, general zoning information and frequently asked questions click here.

Several permits are required to improve a home or build a new one, and each permit requires an application and a fee. For information on this process, click here.

The Regulatory Process
The Department of Permitting Services, Zoning Code, and Building Code are the primary regulatory instruments for construction in the County, with other codes and regulations dealing with architectural design. The Zoning and Building codes are at times amended by the County to address specific issues raised by residents or County agencies.

Owners are advised to work with an architect, builder, or engineer familiar with the various nuances of codes and the permitting process to understand how the overall process works. Owners who wish to learn more about pending legislation that may affect their ability to improve their property should contact their County Council representative.

Property Rights May Change Soon

Learn how pending legislation can impact your property rights and email your opinions to County Council members here.

 

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