117 local rules on file · Pop. 52,150 · Montgomery County
Showing ordinances that apply to Wheaton, MD
Wheaton is an unincorporated community with a population of approximately 52,150 in Montgomery County, Maryland. Because Wheaton is not an incorporated city, it does not have its own municipal government or city code. Instead, Montgomery County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Montgomery County may have different rules.
Montgomery County enforces weed abatement. MD Agriculture Art. §9-401 covers noxious weeds. County health departments handle residential complaints.
Montgomery County promotes native Chesapeake Bay watershed plants through the RainScapes program and conservation landscaping rebates. No ordinance requires native plants, but the county offers financial incentives and technical assistance for native plantings. Maryland HOA law protects homeowners who install native plant gardens.
These unincorporated areas are also governed by Montgomery County ordinances.
Montgomery County limits grass and weed height to 12 inches on improved residential lots under County Code Ch 58, Article 6. Code Enforcement issues violation notices with 7 days to cut. Uncut lots may be mowed by the county with costs billed to the property owner.
Montgomery County prohibits external signage for home occupations under Zoning Ordinance Ch 59, Section 3.3.3. No signs advertising a home business may be displayed on the property, vehicles parked at the residence, or in the yard. Sign regulations are enforced through DPS code compliance.
Montgomery County limits home business customer visits to one client at a time under Zoning Ordinance Section 59.3.3.3. No signage or exterior evidence of business is permitted.
MoCo Zoning Section 59.3.3.3 creates two tiers: registered (DPS registration only) and major (OZAH special exception). Both prohibit exterior business evidence.
Family child care homes serve up to 8 children (12 with assistant) under COMAR 13A.15. MoCo zoning permits daycare by right in residential zones per Section 59.3.3.2.
Maryland Health-General Article 21-330 allows cottage food sales of shelf-stable homemade foods up to $25,000 annually. No county license required. Labeling mandatory.
Montgomery County permits home occupations in all residential zones under Zoning Ordinance Ch 59, Section 3.3.3. The business must be secondary to the residential use. No more than 2 non-resident employees allowed. No external evidence of business activity permitted. Annual registration with the county is required.
No standalone tiny home ordinance in MoCo. Tiny homes on foundations may qualify as ADUs under ZTA 19-01. Tiny homes on wheels are classified as RVs, not dwellings.
ZTA 19-01 (Oct 2019) allows ADUs by right in most residential zones. Max 1,200 sq ft or 50% of principal dwelling. No extra parking needed. Owner occupancy required.
Carports over 200 sq ft need a DPS building permit under Zoning Section 59.3.6. Must be open on at least two sides or they are reclassified as garages.
Garage conversions in MoCo require a DPS building permit and must meet IRC habitable room standards. Replacement parking may be needed if the garage served a required space.
Sheds up to 200 sq ft and one story are permit-exempt in MoCo but must meet setbacks under Zoning Section 59.3.6. Larger sheds need a DPS building permit.
Montgomery County does not require DPS building permits for most residential fences under 6.5 feet. Permits are required for retaining walls, fences in floodplains, and fences within setback areas. MCDOT right-of-way permits needed if a fence is near a county road.
Montgomery County prohibits barbed wire, razor wire, and electric fences in residential zones under Ch 59. HOAs commonly restrict chain-link fencing. Approved materials include wood, vinyl, composite, ornamental metal, and masonry. Fence materials in historic districts require Historic Preservation Commission (HPC) approval.
Montgomery County limits fence height to 4 feet in front yards and 6.5 feet in side and rear yards under Zoning Ordinance Ch 59, Section 6.5.2. Corner lots have additional sight-triangle restrictions. Fences above 6.5 feet require a variance from the Board of Appeals.
Montgomery County requires pool barriers of at least 48 inches with self-closing, self-latching gates under DPS building code enforcement. All swimming pools must comply with Maryland COMAR 05.02.11 barrier standards. DPS inspection required before pool use.
Montgomery County regulates fence placement under Ch 59 Zoning Ordinance requiring setback compliance, finished side facing outward, and prohibited materials including barbed wire in residential zones. Fences must not obstruct drainage or stormwater flow in the Chesapeake Bay watershed.
Montgomery County requires DPS building permits for retaining walls over 4 feet in height or supporting a surcharge load. Engineered plans from a licensed PE are mandatory for walls over 4 feet. Stormwater management review is required in the Chesapeake Bay watershed under WSSC and DEP rules.
Maryland has no shared fence cost statute. Each owner responsible for their own fence. Spite fence provision under MD RP Art. §14-120.
Montgomery County limits construction noise in residential areas to 7 AM to 9 PM Monday through Friday and 9 AM to 9 PM on weekends under Chapter 31B. Emergency and public utility work is exempt. Permits required for extended-hour construction projects.
Montgomery County regulates industrial and commercial noise under Chapter 31B with decibel limits at property boundaries. Industrial zones adjacent to residential areas face stricter standards. The Department of Environmental Protection conducts noise monitoring for persistent complaints.
Montgomery County enforces noise regulations under MoCo Code Chapter 31B. Nighttime noise limits are stricter between 9 PM and 7 AM in residential areas. The county uses both decibel measurements and a subjective disturbance standard for enforcement. MC311 handles noise complaints at 240-773-0311.
Montgomery County regulates amplified music and sound under Chapter 31B. Amplified sound audible beyond property lines in residential areas may constitute a violation, especially between 9 PM and 7 AM. Special event permits are available for outdoor amplified music at festivals and gatherings.
Montgomery County requires permits for organized outdoor music events under Chapter 31B and DPS special event regulations. Casual outdoor music at residences must not exceed noise standards at property lines, with stricter enforcement after 9 PM in residential areas.
Montgomery County experiences aircraft noise primarily from Dulles International Airport (IAD) flight paths over Potomac and Poolesville, and from general aviation at Montgomery County Airpark (GAI). The county has limited regulatory authority over aircraft noise, which is federally preempted by the FAA.
Montgomery County enforces decibel-based noise limits under Chapter 31B measured at the receiving property line. Residential zones have lower thresholds than commercial or industrial zones, with stricter limits during nighttime hours from 9 PM to 7 AM.
Montgomery County enacted one of the strictest gas-powered leaf blower bans in the nation under Bill 35-20. Effective January 2025, gas-powered leaf blowers are banned in residential areas. Only battery or electric blowers are permitted. Commercial landscapers must transition fully to electric equipment.
Montgomery County Code Chapter 5 (Animal Control) prohibits owners from allowing animals to cause noise loud enough and persistent enough to disturb another person's quiet enjoyment. Fine is $100 for noise violations.
Montgomery County requires a DPS building permit for all in-ground pools and above-ground pools with decks. Electrical permits required for pool equipment under NEC Article 680.
Portable plug-in hot tubs on existing surfaces need no building permit in MoCo. A locking ASTM F1346 cover substitutes for the 48-inch barrier requirement.
Pool barriers must be 48 inches high with self-closing, self-latching gates (latch 54 inches above grade) under IRC Appendix G as adopted by Montgomery County.
MoCo enforces pool safety under the county building code and COMAR 10.17.01. Anti-entrapment drain covers (VGBA) and GFCI protection (NEC 680) are required.
Freestanding above-ground pools without decks may be permit-exempt in MoCo, but 48-inch barrier rules still apply for pools deeper than 24 inches.
Montgomery County imposes a strict 120-day annual night cap on short-term rentals under Chapter 54. This is one of the more restrictive annual caps among DC-area jurisdictions. The cap applies per property per calendar year regardless of the booking platform used.
Montgomery County requires licensed short-term rental operators to ensure guests comply with Chapter 31B noise regulations under the STR licensing program in Chapter 54. Operators are responsible for guest conduct and noise complaints can jeopardize the STR license.
Montgomery County limits short-term rental occupancy as part of the Chapter 54 licensing program. Maximum occupancy is typically tied to the number of bedrooms and must be stated on the license application. The 120-day annual cap limits total rental nights per property per year.
Montgomery County requires STR operators to provide adequate off-street parking for guests as a condition of the Chapter 54 license. On-street parking complaints from neighbors can affect license renewal. HOA parking restrictions also apply in many communities.
Montgomery County imposes a 14.5% combined hotel/transient tax on all short-term rental stays under Chapter 54. STR operators must collect and remit taxes monthly. A license application fee and annual renewal fee are also required. Platforms like Airbnb collect some taxes automatically.
Montgomery County requires all short-term rental operators to obtain a license from the Department of Permitting Services under Chapter 54. Applications require proof of ownership, safety inspections, and tax registration. Operating without a license carries significant penalties.
Montgomery County recommends or requires short-term rental operators to maintain adequate liability insurance as part of the Chapter 54 licensing framework. Standard homeowner policies often exclude STR activities, requiring supplemental coverage or a commercial rider.
Short-term residential rentals in unincorporated Montgomery County require a license from DHCA under County Code Chapter 54, Article III. Annual license fee is $500. Owner must occupy the property as primary residence. Effective July 2018; updated Bill 22-23 effective July 1, 2024.
Montgomery County requires property owners to maintain vegetation and prevent overgrowth that creates fire or safety hazards under the county property maintenance code. The humid subtropical climate reduces wildfire risk but dense vegetation and summer thunderstorms create debris management needs.
Montgomery County has minimal wildfire risk due to its humid subtropical climate and Chesapeake Bay watershed location. The county does not designate wildfire hazard zones or require wildland-urban interface defensible space. Seasonal drought may temporarily increase risk in rural western areas.
Montgomery County permits recreational backyard fires in approved fire pits and chimineas under the Maryland Fire Prevention Code with setback and fuel restrictions. Fires must use clean-burning fuel, maintain a 15-foot setback from structures, and be attended at all times.
Montgomery County requires smoke alarms on every level of a dwelling, inside each bedroom, and outside sleeping areas under the Maryland Building Code and county amendments. Ten-year sealed lithium battery or hardwired alarms are mandatory. Carbon monoxide detectors also required.
Montgomery County strictly regulates outdoor burning under the Maryland Fire Prevention Code and county regulations. Open burning of yard waste is generally prohibited in the suburban development district. Agricultural burning in the agricultural reserve requires permits from both the county and MDE.
All fireworks are illegal in Montgomery County, including gold-label sparklers. County Code §22-70 bans possession, sale, and discharge of all fireworks except snap-and-pop noise makers, snakes, and party poppers. Fine up to $1,000 and/or 6 months in jail.
Recreational fire pits in Montgomery County are subject to MDE burn permit requirements and the county fire code. Open fires must be attended at all times, kept a safe distance from structures, and extinguished before leaving. Check with the county fire marshal for current rules.
Montgomery County actively promotes EV infrastructure under Bill 40-21 requiring EV-ready parking in new construction. Residential charger installation requires a DPS electrical permit. The county offers rebates through its Green Bank program. MD law prohibits HOAs from blocking EV charger installation.
Montgomery County restricts overnight parking on certain residential streets through posted signage and HOA covenants. County roads do not have a blanket overnight parking ban, but many residential streets prohibit parking between 2 AM and 6 AM. Commercial vehicles over 10,000 lbs are banned from residential streets overnight.
Montgomery County regulates driveway dimensions, materials, and parking surfaces under Ch 59 Zoning Ordinance and DPS driveway permit requirements. Vehicles must park on improved surfaces only. Front-yard parking on grass or dirt is prohibited in residential zones. Driveways require a right-of-way permit from MCDOT.
Abandoned vehicles in Montgomery County are subject to state and county law. MD Transportation Code §25-201+ defines abandonment; county can tag and tow vehicles parked on public property beyond the 24-hour limit (§31-16) or found inoperable on private property.
Montgomery County Code §31-16 prohibits parking on public streets for more than 24 hours, except adjacent to the owner's residence or business. Street parking rules enforced by Montgomery County Police.
Montgomery County Code §31-14 prohibits parking RVs and utility trailers on public roadways except for up to 18 hours while actively loading/unloading or up to 48 hours for mechanical failure. In residential zones (R-200, R-90, R-60, R-40), one RV may be parked on a lot, but may only be used for dwelling purposes up to 3 days per month.
Montgomery County Code §31-14 prohibits parking heavy commercial vehicles (over 10,000 lbs, 21+ ft, 8+ ft high) on public residential roadways. One light commercial vehicle (under 10,000 lbs, under 21 ft) may be parked on a residential lot under ZTA 23-05.
Montgomery County permits beekeeping on residential lots under Maryland Agriculture Article Sec 5-501 et seq. State registration with the Maryland Department of Agriculture Apiary Inspection Program is required. No county-specific permit needed. Hives should face away from neighboring property and public areas.
Montgomery County prohibits feeding deer and other wildlife under County Code Ch 5, Section 5-102. Chronic Wasting Disease (CWD) concerns drive strict enforcement. Deer overpopulation is a significant issue with managed hunting programs in county parks. Bird feeders are exempt but must not attract deer.
Montgomery County allows backyard hens with a permit under County Code Ch 5. Limit of 5 hens per lot. Roosters are prohibited in residential zones. Coops must be 25 feet from neighboring dwellings. Annual registration with Animal Services is required.
Montgomery County restricts livestock to agricultural (AR) zones under Zoning Ordinance Ch 59. Residential zones prohibit cattle, horses, goats, pigs, and sheep. Minimum lot size of 5 acres required for large livestock in AR zones. All livestock must be registered with Animal Services.
Montgomery County Code §5-202 prohibits possession of any animal declared dangerous or a threat to public health. Exotic birds may not be kept in an aviary within 100 feet of another person's dwelling or workplace. MD Natural Resources §10-901+ regulates certain exotic species statewide.
Montgomery County requires dogs on leash in public. Off-leash in designated parks only. Rabies vaccination required statewide. MD Criminal Law §10-619 covers dangerous dogs.
Maryland’s Tracey’s Law (2014) treats all dog breeds equally under negligence standard. No breed-specific strict liability. Dangerous dogs behavior-based.
Montgomery County enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Montgomery County parks managed by M-NCPPC close at sunset or posted closing times and reopen at sunrise. After-hours access requires a special use permit. County police and park police enforce curfew violations in all regional and local parks.
Montgomery County provides heightened protection for specimen trees (30+ inches DBH for most species) under Chapter 22A. These trees cannot be removed without Planning Board approval, and removal requires significant mitigation. The county also protects champion trees and trees of special significance on public land.
Montgomery County requires tree replacement or mitigation when trees are removed under Chapter 22A Forest Conservation Law. Replacement ratios depend on the type of forest removed. Payment into the Forest Conservation Fund is an alternative to on-site planting.
Montgomery County has some of the strictest tree protection laws in the region under Chapter 22A (Forest Conservation) and Chapter 49A (Roadside Trees). Removing any tree 6 inches DBH or greater on a development site requires a forest conservation plan. Roadside trees need county permission for removal.
Montgomery County has a comprehensive framework of tree protections spanning Chapter 22A (Forest Conservation), Chapter 49A (Roadside Trees), and M-NCPPC regulations for park trees. The county is widely recognized as having among the strictest local tree laws in the Washington DC metropolitan region.
DPS grading permits are required for 5,000+ sq ft disturbance or any work altering drainage. No adverse impact on neighbors allowed. Extra rules in floodplains and SPAs.
Projects disturbing 5,000+ sq ft require a stormwater plan from MoCo DEP under Code Chapter 19. ESD techniques mandatory. Chesapeake Bay TMDL compliance required.
Any land disturbance of 5,000+ sq ft requires an erosion and sediment control plan under MoCo Code Chapter 19. DPS is the MDE-delegated enforcement authority.
Montgomery County participates in FEMA's NFIP. County Code Chapter 19 and COMCOR §19.45.01.03 regulate floodplain development. Floodplain District Permits required for most land-disturbing activities within 100-year floodplain (30-acre drainage area or greater). New FEMA flood maps effective Spring 2026 following January 2025 appeal period.
Maryland Cannabis Reform Act (2023) allows adults 21+ to grow up to 2 plants per household in an enclosed, locked space. MoCo follows state law with no added restrictions.
Cannabis dispensaries need an MCA state license and are allowed in commercial and employment zones. A 500-foot school buffer is required under state law.
Retaliatory evictions prohibited under Maryland RP 8-208.1. Month-to-month tenancies require 60 days notice to terminate. Self-help evictions are illegal.
DHCA publishes Voluntary Rent Guidelines annually (up to 5.4% for 2024). Exceeding the guideline requires 90 days notice instead of 30. Chapter 29 governs.
All rental units must be licensed through DHCA before leasing. Licenses renewed every 2 years with inspections. Unlicensed rentals face fines up to $500/day.
Holiday decorations on private property need no permit. Displays allowed 45 days before to 30 days after a holiday. Electrical displays must meet NEC standards.
Political signs on private residential property are permit-exempt under Chapter 59. Display allowed 45 days before to 10 days after an election. Max 32 sq ft per lot.
Garage sale signs allowed on-site without a permit, max 4 sq ft. Must be removed after the sale. Signs prohibited on utility poles and in the right-of-way.
Montgomery County limits residential building height to 35 feet in most single-family zones under the zoning ordinance Chapter 59. Height is measured from the average finished grade to the highest point of the roof. Some commercial and mixed-use zones allow greater heights.
Montgomery County limits lot coverage (the percentage of a lot covered by buildings and impervious surfaces) based on the zoning classification. In the R-200 zone, lot coverage is capped at 25 percent. Higher-density zones allow greater coverage, and environmental regulations add further restrictions.
Montgomery County zoning regulations establish minimum setbacks for residential structures based on zone classification. The R-200 zone, common in suburban areas like Bethesda and Potomac, requires 40-foot front setbacks and 12-foot side setbacks. Setbacks vary significantly by zone.
The entire county lies within the DC SFRA, requiring FAA authorization for all drone flights. County parks prohibit drone takeoff/landing without a permit.
Part 107 certificate plus DC SFRA authorization required. LAANC approval needed per flight. Some grid cells near airports have zero-foot flight ceilings.
Montgomery County does not set specific hours for garage or yard sales by ordinance. Sales are expected to occur during reasonable daytime hours. Noise from sales that carries into early morning or late evening could trigger noise ordinance enforcement.
Montgomery County does not impose specific frequency limits on how many garage or yard sales a resident can hold per year. However, conducting frequent sales may trigger home business or commercial activity scrutiny under the zoning ordinance if the sales appear to constitute a regular business.
Montgomery County does not require a permit for residential garage or yard sales. Homeowners may hold sales on their own property without prior county approval. Some HOA communities in newer subdivisions like Clarksburg and Germantown may have CC&R restrictions on sales.
Chapter 59 requires all new exterior lighting to be full-cutoff fixtures. Light trespass limited to 0.5 foot-candles at residential property lines.
Light trespass limited to 0.5 foot-candles at residential property lines under the Zoning Ordinance. Complaints handled through MC311 and DPS code enforcement.
Most Montgomery County HOAs require homeowners to submit exterior modification requests to an architectural review committee (ARC) before making changes. This applies to paint colors, additions, fencing, landscaping, solar panels, and other visible modifications. Maryland law limits HOA authority over solar and EV charging installations.
Maryland law provides multiple paths for resolving HOA disputes, including internal hearings, the Montgomery County Office of Consumer Protection, MHIC mediation, and court action. The Maryland HOA Act requires fair hearing procedures before fines can be imposed on homeowners.
Maryland HOA Act (Real Property 11B) governs assessment collection in Montgomery County HOAs. Regular assessments must be established by the budget adopted by the board. Special assessments may require membership approval depending on the governing documents. HOAs can lien and foreclose for unpaid assessments.
Montgomery County HOAs enforce covenants, conditions, and restrictions (CC&Rs) through violation notices, fines, and lien authority under the Maryland HOA Act. The enforcement process must follow fair hearing procedures. Maryland law limits HOA authority in certain areas including solar installations and display of flags.
HOAs in Montgomery County are governed by the Maryland Homeowners Association Act (Real Property Article 11B) which requires open board meetings, annual meetings with quorum, advance notice of meetings, and financial transparency. Board elections must follow the procedures in the governing documents and Maryland law.
Montgomery County requires mobile food vendors to obtain a Mobile Vending License from the Department of Health and Human Services plus a county business license. Vehicles must pass health inspections and carry proper food handler certifications before operating anywhere in the county.
Montgomery County designates specific vending zones for food trucks, particularly around transit hubs, commercial districts, and county parks managed by M-NCPPC. Residential streets are generally off-limits unless tied to a permitted special event or farmers market.
Trash bins must be set out no earlier than 5 PM the day before collection and retrieved by midnight on collection day. Store out of public view between pickups (Ch 48).
Chapter 49 requires clearing snow/ice from sidewalks within 24 hours after snow stops. Fines start at $50/day. Path must be at least 36 inches wide.
Vacant lots must be maintained under Chapter 26. Grass/weeds cannot exceed 12 inches. The county may mow non-compliant lots and bill the owner plus fees.
Chapter 26 requires properties be free of trash, overgrown vegetation (12-inch max), inoperable vehicles, and structural decay. DHCA enforces with fines up to $500/day.
Garage sales allowed without a permit, limited to 3 per household per year, each up to 3 consecutive days. Items must stay on private property.
Maryland Real Property Article 2-119 prohibits HOAs from banning solar panels. HOAs may set aesthetic rules but cannot increase installation cost by more than $1,000.
MoCo requires building and electrical permits from DPS for solar panels. MD PUA 7-603 bars HOA bans. Expedited review in 5-10 business days. Net metering available.
Bins placed curbside with lids facing the street, within 3 feet of the curb. Must not block sidewalks or hydrants. Retrieve by midnight on collection day.
Recycling is mandatory for all properties under Chapter 48. Single-stream blue bin accepts paper, glass, metals, and plastics 1-7. County targets 70% diversion.
Bulk trash pickup by appointment via MC311, up to 5 items per pickup. Transfer Station at 16101 Frederick Rd accepts large items and debris for a fee.
Montgomery County Department of Environmental Protection (DEP) provides once-a-week curbside trash collection and weekly dual-stream recycling for single-family homes and townhomes in the County collection district. Trash and recycling must be at the curb by 7:00 a.m. on the scheduled collection day, with collections running 7:00 a.m. to 9:00 p.m. Monday through Friday. Holiday weeks shift collections to one day later.
Montgomery County requires door-to-door solicitors to register with the county and carry identification while canvassing. Commercial solicitors must obtain a solicitation permit, while charitable and political canvassers have First Amendment protections but must still follow time-of-day restrictions.
Montgomery County recognizes no-soliciting signs posted at residences. Solicitors who ignore a clearly visible no-soliciting sign violate county code and face fines. The county does not operate a formal no-knock registry but enforces sign-based opt-out protections.