Per Section 49-11A of the Montgomery County Code, a permit is required to temporarily close any portion of a private road if it is also considered to be an urban road as defined in Section 49-32 . The permit ensures the closure does not violate Fire Safety Code standards as outlined in Chapter 22; does not unreasonably impede or endanger the users of any building or structure adjacent to or abutting the private road; or adversely impact the use of connecting public roads.
A private road is considered to be completely closed if any section of the road has no lanes available for vehicular use; or if lanes or abutting sidewalks are only minimally available for use for 15 days or more. A private road is considered partially closed if at least one lane is available for vehicular use or when any portion of an abutting sidewalk is closed to pedestrian use for 14 days or less.
An application may only be submitted by the owner of the private road and must include details of the closure including: location, duration, purpose, the use and occupancy of all buildings or structures adjacent to or abutting the private road along with a detailed traffic control plan and other information as required.
A fee will be required per Executive Regulation 26-16 Schedule of Fees for Permits, Licenses and Inspections – Land Development – Method 3.
Processing time will vary depending on the type, duration and/or complexity of the closure. All applications must be reviewed by the Director of Transportation or designee to assess any impact to connecting public roads. Additionally, a site plan review and fire safety access review must be performed for some private road closures.
The applicant will be responsible for posting signage during the closure that includes the following: duration of the closure, the permit number, and the private road owner’s contact telephone number. Other signage related to approved traffic control measures may also be required. 24 hours prior to the scheduled closure, the permittee must contact the Land Development Right of Way Inspector for an on-site meeting. An inspection by Site Plan Enforcement will be conducted within 24 hours of the private road re-opening.