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

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

City-specific rules exist: Rockville, and Gaithersburg have their own encroachment permits rules that differ from Montgomery County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

View official code

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collects an inspection and engineering fee set by Method (3) regulation, refunding half if a permit is rejected or withdrawn before construction starts.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?
Yes -- Section 49-35(c) requires a permit and an inspection/engineering fee before any driveway, sidewalk, retaining wall, or drainage project starts within the county right-of-way.
What happens if I build without the permit?
It is a Class A violation under Section 49-35(e), and the Director can deny, suspend, or revoke the permit; denials can be appealed to the County Board of Appeals within 10 days.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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Encroachment Permits in Cities Across Montgomery County