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.

ZTA 08-11 Infill Development Legislation. Councilman Berliner introduced legislation to the Council on May 6, 2008 as Zoning Text Amendment 08-11 (ZTA 08-11) that will dramatically re-define County home remodeling and construction standards. This legislation was drafted with input from an Infill Development Task Force of 11 hand-picked residents from Bethesda and Chevy Chase. The legislation will impact all home improvements in the entire County. A public hearing is scheduled for June 17th at 7:30 pm in the Stella B. Werner building at 100 Maryland Avenue in Rockville. Residents are encouraged to attend the hearing and provide their opinion prior to the meeting via email to county.council@montgomerycountymd.gov. Highlights of this ZTA are as follows:

• The allowed building footprint will be reduced throughout the County. This impact will be particularly felt on lots 6,000 or less where the reduction is 17%. This reduction will dramatically alter design of additions and new homes, especially on the first floor. Task force participants were shown how this restriction will likely eliminate first floor owner's bedrooms, kitchen expansions, home offices living rooms, and 2-car garages.
• For example: on a 6,000 square foot lot the property owner can currently build a new home of 3,700 square feet after deducting for a garage. The proposed legislation will reduce this to 3,100 square feet.
• The task force was provided with evidence that if future home improvements are restricted in size, they will be worth less than an existing improvement that is larger; thereby devaluing properties for anyone buying or selling properties.
• Height in the R-200 zone will be significantly reduced by as much as 30%.
• The Building Restriction Line method of calculation is being clarified so that it meets the original intent of this existing regulation.
• The sloping lot exemption will be clarified by the County at a future date so that properties that have excessive slopes are not unfairly penalized when calculating stories.
• Existing homes that are destroyed by fire or other acts of God will not be able to be rebuilt to their pre-existing size.
• The ZTA will go into effect 20 days after Council adoption. If a homeowner is in the design process but has not filed a building permit before the effective date then they will be required to redesign to the new regulations. Such a dramatic change in zoning regulations typically allows for a longer transition period.

To view the legislation as proposed click here.

To review minutes of Infill Task Force meetings, click here.


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. A public hearing is scheduled for June 17th at 7:30 pm in the Stella B. Werner building at 100 Maryland Avenue in Rockville. Residents are encouraged to attend the hearing and provide their opinion prior to the meeting via email to county.council@montgomerycountymd.gov. 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 Councilmember.Knapp@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.