Grading Permits

When is a Grading Permit Required?

A Grading Permit is required before any roadway construction can start in the public right-of-way. It ensures that roadway grades are appropriate for the safe and efficient movement of vehicular traffic and that roadway sub-grades are sufficient for load-bearing and pavement longevity.

What is the Right Of Way (Grading) Permit application process?

The process for applying for a Grading Permit is as follows:

• The applicant submits a Grade Establishment Plan review package which consists of:
• completed Application For Construction on Property Dedicated to Public Use 
• a Property Dedicated to Public Use Scope of Work Form
• Property Dedicated to Public Use Checklist (completed for Grading Permit)
• appropriate filing fee (based on the initial cost estimate which MUST be included at application submittal).
• plans prepared by a Professional Land Surveyor or Professional Engineer licensed in the State of Maryland

• DPS will review the plan and when all review comments are satisfied, approve the submitted Grade Establishment Plans. Please note that Maryland National Capital Park and Planning Commission must approve the Grade Establishment Plan also. The Grade Establishment Plan is not considered approved until all signatures of DPS and M-NCPPC are obtained. 

• The applicant will submit the remaining balance of permit fee and a bond for the costs of construction upon approval of the construction cost estimate. Bonds can be posted as cash, performance bond, letter of credit or certificate of guarranty.  See Bonds for further information. 

• DPS submits the bond to the County Attorney for approval; reviews the submitted information for completeness, including verification of Sediment Control Plan approval (see Sediment Control Permit); and issues the Grading Permit.

• After the permit is issued, 48 hours prior to starting the grading operation, the permit holder contacts the DPS Right of Way Inspector to schedule a preconstruction meeting. Required inspections and testing are performed during the construction (see Public Right of Way Inspections).

What will the Right Of Way Permit cost?

• Fee - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3. An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98 .
• Bond - the bond amount is based on the construction cost estimate, and is verified by the Grade Establishment plan reviewer.
• Extension Fee - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3. An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98.

How long will it take DPS to issue the Right Of Way permit?

Plan review will take approximately three weeks review time. Upon completion of Grade Establishment Plan review and submittal of approved plans as part of the Grading Permit Application, permit issuance will take approximately one week provided all required items/approvals are received by DPS which includes full payment of fee and posting of bond.

Note: Actual processing time may vary according to workload and/or complexity of the project. If Montgomery County Department of Transportation (DOT) Traffic Control Plan (TCP) approval is required, the permit issuance will take longer.

In general, the permit is valid for 18 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:

After permit issuance, and 48 hours prior to starting construction, the permittee must contact the DPS ROW Inspector listed on the permit to schedule an inspection. Required inspections and testing are performed during the construction (see Public Right of Way Inspections). 

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