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Queen Anne's County, MD Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issuer
Department of Public Works, Roads Division
Permit triggers
Driveway opening, structure, digging, tree work, obstruction
Bond
The Department can require one before issuing a permit
Fees
Set by Board resolution; no amount printed in the chapter
Maximum fine
$500 per civil infraction, each day separate
Sidewalk rule area
Unincorporated areas of Queen Anne's County only

Summary

In Queen Anne's County, a person must obtain a permit from the Department of Public Works, Roads Division, before placing a structure or an obstruction on a County road or within its right-of-way, digging in it, planting or removing a tree there, or cutting a driveway entrance. Section 23-32 separately bars altering, obstructing or encroaching on any County road.

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

A. Required. ... A person shall obtain a permit from the Department of Public Works, Roads Division, before the person may: (1) Make an opening to construct a driveway or entrance for the purpose of taking access to any lot or parcel from a County road or within a County road right-of-way; (2) Place a structure on a County road or within a County road right-of-way; (3) Dig, excavate, trench, bore or directional drill in or under a County road or a County road right-of-way to lay or place pipes, sewers, poles, wires, or railways or for any other purpose; (4) Plant or remove a tree on a County road or County road right-of-way; or (5) Place an obstruction on a County road or County road right-of-way. ... E. Expense of repairing a County road. Any permit holder or person who does the work shall bear the expense of repairing and restoring the County road to as good a condition as before the work was begun.

Full Breakdown

Chapter 23 of the Queen Anne's County Code requires a permit before anyone works in or occupies a County road or its right-of-way. Section 23-15A lists five triggers: making an opening for a driveway or entrance, placing a structure on a County road or within its right-of-way, digging, excavating, trenching, boring or directional drilling in or under it, planting or removing a tree there, and placing an obstruction there. The permit comes from the Department of Public Works, Roads Division. Before issuing it the Department can require a bond in an amount the Board considers sufficient to insure satisfactory completion of the work (§ 23-15B), and the Board adopts the permit fee schedule by resolution to cover administrative, construction or other expenditures of the Department (§ 23-15C).

The chapter prints no dollar figure for these fees. All work under a permit must follow the regulations and design and construction standards of the Board and proceed under the supervision of the Roads Division (§ 23-15D), and the permit holder or the person who does the work bears the expense of restoring the County road to as good a condition as before the work began (§ 23-15E). Section 23-32 backs the permit with a flat prohibition: a person may not alter, change, obstruct, or encroach on any road in the County.

Sidewalks have their own approval rule in Part 5, which applies only to the unincorporated areas of Queen Anne's County (§ 23-66.1C). Approval to construct a sidewalk in a public right-of-way must be obtained from the County before construction, whether the builder is a developer in a planned subdivision (§ 23-66.4A) or an owner in an existing neighborhood (§ 23-66.5A). A sidewalk built on public property without County approval is removed at the violator's expense (§ 23-66.6E).

Violations & Fines

Every violation of Chapter 23 is a civil infraction carrying a fine not exceeding $500, each day the violation continues is a separate offense, and the person cited must correct the violation (§ 23-68). A citation is payable within 20 calendar days of receipt, and a trial is elected by notifying the County Commissioners' designee at least five days before the payment date on the citation (§ 23-69). If the citation is not satisfied within 15 days after formal notice, an additional fine not exceeding twice the original fine applies (§ 23-71). The County can also sue for a declaratory judgment or injunction and recover legal fees and costs (§ 23-72).

Frequently Asked Questions

Do I need a permit to dig a trench across a County road in Queen Anne's County?
Yes. Section 23-15A(3) requires a permit from the Department of Public Works, Roads Division, before anyone digs, excavates, trenches, bores or directional drills in or under a County road or its right-of-way. The permit holder pays to restore the road to as good a condition as before the work.
Who sets the permit fee and can a bond be required?
The Board adopts a fee schedule by resolution under § 23-15C, so the amount is not printed in the code chapter. Under § 23-15B the Department can require an applicant to file a bond in an amount the Board considers sufficient to insure satisfactory completion of the work.
Does a sidewalk in a public right-of-way need County approval?
Yes. Sections 23-66.4A and 23-66.5A require approval from the County before construction of a sidewalk in a planned subdivision or in public rights-of-way. A sidewalk built on public property without County approval must be removed at the violator's expense under § 23-66.6E.
Do the sidewalk rules apply in Centreville or Queenstown?
No. Section 23-66.1C limits the sidewalk article to the unincorporated areas of Queen Anne's County, which includes Kent Island. Centreville, Queenstown and the other incorporated towns have their own codes and are separate from the County Code.

Sources & Official References

Other rules in Queen Anne's County

All Queen Anne's County rules

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