Montgomery County, MD Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Director of Permitting Services
- Governing section
- Montgomery County Code Section 49-35
- Violation class
- Class A violation
- Permit term
- Expires 18 months after issuance
- Appeal window
- 10 days to Board of Appeals
Summary
Any private work in a Montgomery County road right-of-way -- sidewalks, driveways, retaining walls, utility cuts -- requires a permit from the Director of Permitting Services under County Code Section 49-35.
A permit is required from the Director of Permitting Services for any work within the public right-of-way... Before an applicant begins any road, sidewalk, sidepath, bikeway, curb and gutter, driveway, retaining wall, steps, or drainage project, on a road or within the boundaries of a dedication to public use, the applicant for a permit to undertake any such project must pay to the County an inspection and engineering fee set by the County Executive by Method (3) regulation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
County Code Section 49-35 requires a right-of-way permit from the Director of Permitting Services before any road, sidewalk, sidepath, bikeway, curb and gutter, driveway, retaining wall, steps, or drainage project begins on a County road or within a public dedication. Utility companies also need a permit to cut the right-of-way for underground gas, electric, or telephone lines. The Director collects an inspection and engineering fee set by Method (3) regulation, refunding half if a permit is rejected or withdrawn before construction starts. This governs County-maintained roads; Rockville, Gaithersburg, and Takoma Park maintain their own rights-of-way and issue separate municipal permits.
Violations & Fines
Unpermitted work in the right-of-way is a Class A violation under Section 49-35(e); permits are nontransferable and automatically expire 18 months after issuance unless extended.
Frequently Asked Questions
Do I need a permit to add a driveway or retaining wall in the right-of-way?
What happens if I build without the permit?
Sources & Official References
Other rules in Montgomery County
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