The County Council is currently considering additional legislation that will likely have a significant impact on neighborhood building.  In meetings with citizen associations, Renewing Montgomery often finds residents are unaware new legislation is being considered that will create new restrictions on their property rights and will likely have unintended consequences that are impossible to predict.

Information on pending legislation having a potentially significant impact on neighborhood building is provided below, along with links for additional information. Some of the regulations listed have been approved but are not yet effective, others have been introduced but are not yet approved, and some are in a formative stage.

Bill 15-08 Notification. Councilman Berliner introduced legislation to the Council on May 6, 2008 as Bill 15-08 that will require all homeowners to notify all adjacent and confronting property owners of their intention to file a building permit at least 30 days prior to filing a building permit. This legislation was drafted with input from an Infill Development Task Force of 11 hand-picked residents of Bethesda and Chevy Chase. The County Executive and the PHED Committee oppose the Bill. Council members have reported that the public opposes the Bill by a 2:1 margin. The Council is currently deliberating the merits of the Bill. Key aspects of this Bill are:

• Bill will apply to all home improvements in the County that exceed 200 square feet.
• All homeowners must contact their citizen association at least 30 days prior to filing a building permit and request any voluntary community design guidelines.
• These notifications must include information concerning the size, height, setbacks, and exterior design.
• The homeowner must submit a signed and notarized affidavit to the County confirming that notification was made when submitting a building permit.

The view the legislation as proposed click here.

Urban Tree Legislation: Council members Marc Elrich and Roger Berliner are coordinating unadvertised meetings with selected County residents to formulate legislation that would restrict an owner’s right to remove trees on the owner’s property.  Elrich has stated that, following approval of amendments to the Forest Conservation Law (introduced as Bill 37-07 and currently being considered by the Council), he will introduce legislation that will require a permit and County approval before a tree can be removed on private property.

If you would like to provide comments to the Council on the issue of regulating the removal of trees on private property, please email your comments to County.Council@montgomerycountymd.gov

Councilmember Nancy Floreen has created a blog, with the Forest Conservation law as the first featured subject. To post comments or questions on issues dealing with trees under the Forest Conservation Law or the “urban” tree bill, visit http://nancyfloreen.blogspot.com/

Bill 4-07 Outdoor Lighting Standards: Establishes outdoor lighting standards for all exterior lighting fixtures in all zones, and requires existing fixtures including porch lights, deck lights, and pathways to be retrofitted to meet new standards within five years. To view draft legislation, click here.