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Baltimore County, MD Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Baltimore County Code Section 20-1-124
Who must file
Corporations, companies, or individuals
Approving official
Director of Public Works and Transportation
Change of location
Requires new Director approval
Penalty
Misdemeanor under Section 1-2-217

Summary

Before any public service corporation, company, or individual can build a main, conduit, pipe, or other structure in a street, road, alley, or public highway in the county's metropolitan district, Baltimore County Code Section 20-1-124 requires filing construction plans with the Director of Public Works and Transportation and getting written approval first.

These county ordinances apply to unincorporated areas of Baltimore County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Every public service corporation, company, or individual, before it or they shall begin any construction in any street, road, alley, or public highway within the metropolitan district, shall file with the Director of Public Works and Transportation a plan of such construction showing the location and depth in such street, road, alley, or public highway of the proposed main, conduit, pipe, or other structure, which plan must be approved by the county before such construction is begun, and when approved no change shall be made in the physical location of anything shown upon such plan except upon the approval of the Director of Public Works and Transportation. Whenever any public service corporation, company, or individual shall begin to put any such main, conduit, pipe, or other structure in any such street, road, alley, or public highway without first filing plans with the Director of Public Works and Transportation and obtaining the approval thereof, as above provided...such action shall constitute a misdemeanor, punishable as prescribed in Section 1-2-217 of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 29 | Zoning Regulations: Supplement 10).

Full Breakdown

Section 20-1-124 sets a prior-approval permit requirement for anyone, not just utilities, who wants to install a structure within the public right-of-way of a street, road, alley, or public highway inside the metropolitan district. The applicant must file a plan showing the exact location and depth of the proposed main, conduit, pipe, or other structure, and the Director of Public Works and Transportation must approve it before construction starts. Once approved, the physical location shown on the plan cannot be changed without another round of Director approval.

If work begins without first filing plans and getting approval, or if the location is changed without authorization, the section makes that a misdemeanor, punishable under the county's general penalty statute, Section 1-2-217. The Director also retains authority to remove or relocate an unauthorized structure, or one that later interferes with the operation of the county's water or sewer systems. The section exempts properties, plants, franchises, or rights belonging to the Mayor and City Council of Baltimore, reflecting the metropolitan district's shared water and sewer service area.

The provision traces back to 1988 Code Section 35-149 and was most recently amended by Bill No. 33-21 in 2021, which updated departmental references following county reorganization.

Violations & Fines

Beginning construction of a main, conduit, pipe, or other structure in a county street, road, alley, or public highway without first filing and obtaining approval of plans, or changing an approved structure's location without authorization, is a misdemeanor under Section 20-1-124, punishable as prescribed in the county's general penalty section, Section 1-2-217, meaning a fine of up to $1,000 or imprisonment of up to 90 days.

Frequently Asked Questions

Does this permit requirement apply only to utility companies?
No. Section 20-1-124 applies to every public service corporation, company, or individual planning to install a main, conduit, pipe, or other structure in a county street, road, alley, or public highway within the metropolitan district, not just regulated utilities.
What has to be in the plan I file?
The plan must show the exact location and depth of the proposed main, conduit, pipe, or other structure within the street, road, alley, or public highway. The Director of Public Works and Transportation reviews and must approve it in writing before construction begins.
What happens if I move the structure after approval?
Any change to the physical location shown on an approved plan requires a new approval from the Director of Public Works and Transportation. Making an unauthorized change is treated the same as building without a permit: a misdemeanor under Section 20-1-124.

Sources & Official References

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