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Montgomery County, MD Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Approval needed
Board of License Commissioners written approval
Barrier height
At least 36 inches high
Sidewalk/ROW use
Separate written government approval required
Non-contiguous cafe limit
Within 50 ft of storefront width
Board power
May suspend or revoke privilege anytime

Summary

Restaurants and bars in Montgomery County need Board of License Commissioners approval before adding outdoor cafe seating, and any tables placed on a public sidewalk need separate written government sign-off.

City-specific rules exist: Gaithersburg has its own sidewalk dining & cafés rules that differ from Montgomery County's county-level regulations. If you live in Gaithersburg, check the city-specific page instead.

Licensees may operate an outdoor cafe as part of the licensed premises only with the express approval of the Board. The Board may modify, suspend, or revoke the outdoor cafe privilege. Outdoor cafes approved by the Board must: be contiguous to the licensed premises, enclosed in a clearly delineated area, and surrounded by a continuous barrier at least 36 inches high at its lowest point with a controlled point of ingress and egress; and not be on public property or on a public right-of-way, without the express written approval of the appropriate State, County, or local government authority.

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

Under the Board of License Commissioners' Rules and Regulations, a Montgomery County bar or restaurant may add outdoor cafe seating only with the Board's express written approval, and the Board can modify, suspend, or revoke that privilege at any time. Approved cafes must sit enclosed behind a continuous barrier at least 36 inches high with a controlled entry and exit point. Seating cannot spill onto a public sidewalk or right-of-way without separate written approval from the State, County, or local government authority that controls that property.

Violations & Fines

Operating outdoor seating without Board approval, or violating the barrier, sidewalk, or storefront-distance rules, lets the Board of License Commissioners modify, suspend, or revoke the outdoor cafe privilege entirely.

Frequently Asked Questions

Do I need a permit to put tables on the sidewalk outside my restaurant in Montgomery County?
Yes. The Board of License Commissioners must approve any outdoor cafe added to a licensed premises, and using public sidewalk or right-of-way requires separate written government approval too.
How high must the barrier be around an outdoor cafe?
At least 36 inches high at its lowest point, forming a continuous enclosure with a controlled point of entry and exit.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland special events & permits overview

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