Driveway (Work in Public Right-of-Way) Permit

When is a Driveway (Public Right-of-Way) Permit Required?

A Right of Way (ROW) Permit is required to construct a new residential or commercial driveway; to install a temporary construction entrance; to restore, repair, remove and/or modify any existing ROW improvements; to connect house drainage to ROW. It ensures the stability of the public roadway and provides for safe and uniform access from abutting properties. The ROW permit may also include any necessary sidewalk, curb-and-gutter, shoulder and ditch improvements and planting.

Other works that require a ROW Permit include the placement of temporary storage containers, soil boring/pavement coring, or staging crane operation within the public right-of-way.

If the proposed work is on a primary or higher classification roadway (80’ right-of-way or greater), roadways in the Central Business District (Wheaton, Bethesda and Silver Spring), and/or needs sidewalk closure longer than 15 days, the applicant must also submit a site specific Traffic Control Plan (TCP). The TCP is reviewed and approved by the Department of Transportation (DOT), Division of Traffic Engineering and Operations. DPS may also require the site specific TCP if deemed necessary.

In addition, a ROW permit is required to place or construct non-standard items within the public-right-of-way and storm drain easement. Typical non-standard items that have been approved on a case by case basis include fences, landscaping, canopies, awnings, building facades, and outdoor café seating to name a few. The permit allows the applicant to occupy the County ROW or easement, and indemnifies the County against any liability associated with the item(s). As part of the permit approval, the applicant will be required to enter into a Declaration of Covenants* agreement with the County to maintain the permitted items and to remove them in the future if deemed necessary by DPS.

For utility work in the right-of-way, see the information for Utility Construction.

 

What is the Public Right-of-Way Application Process?

The applicant completes the Application for Work in Public Right-of-Way Permit. The application package should include plans showing the limits of the ROW with existing features, the proposed construction and its location within the right of way.

DPS reviews the application and any associated plan for the proposed improvement, and bond estimate if submitted. The review may require additional documents including any necessary standard details, materials, and assembly type such as breakaway construction and sight distance evaluation certificate.

DPS notifies the applicant of the bond and fee amount in writing upon the approval of the proposed work and cost estimate. The applicant posts a bond with the required non refundable permit fee.

Separate reviews and permits may be required from the appropriate Division or agency within and/or outside of the Department.

* If the ROW permit requires the Declaration of Covenants, the applicant completes, and submits the notarized Declaration of Covenants to DPS with permit application if the proposed work is permittable. After review and approval by the County Attorney, the Declaration is to be recorded at the County Land Records in the Judicial Center by the applicant.

For any proposed work involving residential driveway construction, placement of a temporary storage container, and house drainage connection to ROW, in most cases the DPS ROW inspector conducts the field inspection per applicant’s request and completes the field report section of the application form on site with a predetermined bond and fee amount. The applicant may mail the complete application package or bring it in with the bond and the fee.

DPS reviews and approves Cash Bonds, Certificates of Guarantee and Performance Bonds. Letters of Credit are submitted to the DPS Permit Processing section for County Attorney’s approval.

When the ROW permit has been issued, the DPS Land Development Permit Processing Section approves the associated ROW review requirements of the applicant’s pending building permit if applicable.

After permit issuance, at least 48 hours prior to starting construction, the permittee contacts the DPS ROW inspector listed on the permit to schedule a preconstruction meeting. Inspections are performed as the work progresses. Implementation of the approved TCP is monitored regularly by the inspector. A final inspection is performed upon request by the permittee after the completion of the work.

The applicant secures his/her own contractor to construct the driveway. (DPS does not construct the driveway for the applicant.)

 

What will the Public Right-of-Way Permit cost?

 

How long does it take to issue the Public Right-of-Way Permit?

  • Residential driveways- approximately two weeks review time, plus one week permit-issuance time after DPS receives the fee and bond.
  • Commercial driveways- approximately three weeks review time plus one week permit-issuance time after DPS receives the fee and bond.
  • Temporary construction entrance- same as residential driveways.
  • Others - same as Commercial driveways.

Note:

Actual processing time may vary according to workload and/or complexity of the project. If DOT’s TCP approval is required, the permit issuance will take longer.

In general, the permit is valid for 18 months with the exception of a permit for a temporary storage container having a validity of 6 months. A written request prior to the expiration date of the permit sent to the DPS Land Development Permit Processing section is required for permit extension.

 

After the Permit is Issued:

For information on contacting the inspector and for inspections in general, refer to the Inspections tab and the Public Right of Way Inspections information page.

Please remember the following:

The applicant secures his/her own contractor to construct the driveway. (DPS does not construct the driveway for the applicant.)

Contact the inspector during all stages of driveway, or other permitted construction per the permit issuance.

For the permit to be considered finalized and the bond returned, a final inspection must be made.

How Do I Extend My Permit?

The applicant notifies DPS in writing to request an extension to the permit. Upon approval and payment of a permit extension fee, the permit is extended for 12 months (with the exception for those permits issued for Temporary Construction Activities where the permit is extended for 6 months only on a case by case basis. Temporary Construction Activities include crane, dumpster, storage container or scaffolding/pedestrian walkway uses). 

 

Application Package
Public Right of Way Application Public Right of Way Application
Fees and Taxes
Fees for Driveway Permit (see Page 2) Executive Regulation 6-11
Automation Enhancement Fee Executive Regulation 5-98
Credit Card Authorization Form Credit Card Authorization Form
Bonds
Bond Information Bond Information
Performance Bond Sample Performance Bond Sample
Letter of Credit Sample Letter of Credit Sample
Codes, Standards, Executive Regulations
MCDOT Design Standards MCDOT Design Standards
Montgomery County Code - See Chapter 49 Montgomery County Code
Guidelines, Memorandum of Understandings, Interpretations
Right of Way Guidelines and helpful Information DPS Right of Way Guidelines
Portable Storage Container Portable Storage Container
Inspection Requirements
Inspection Information Public Right of Way Inspections
Frequently Asked Questions
311 Web Portal: Enter key word "Driveway" http://www3.montgomerycountymd.gov/311
Online Permitting Status Information and Inspections
Online Permit Status Search DPS
Applicants with Contact ID Sign In Sign In
Call for More Information
In Montgomery County 311
Outside of Montgomery County 240-777-0311
Other Agencies to Contact
Other Agencies and Utilities to Contact Allegheny Power
  Baltimore Gas & Electric Co. (BG&E)
   Maryland State Highway Administration (SHA)
  Miss Utility
  Montgomery County Department of Transportation (MCDOT)
  MNCPPC: Zoning
  Municipalities
  Potomac Electric Power Company (PEPCO)
  Verizon
  Washington Gas Light Co.
  WSSC