Revocable Public Right-Of-Way
When is a Revocable Right-of-Way Permit Required?
A Revocable Permit is required to place or construct non-standard item(s) within a public right-of-way, storm-drainage easement, or public-improvement easement. Examples of non-standard items are: fences, walls, canopies, plantings, subdivision identification signs, benches, tables and chairs (outdoor cafes), etc. The permit allows the applicant to occupy County-controlled areas and indemnifies the County against any liability associated with the item(s). The agreement also requires the applicant to maintain the permitted item and to remove it in the future if deemed necessary by DPS.
What is the Revocable Public Right-of-Way Permit Application Process?
The applicant completes the Application for Construction on Property Dedicated to Public Use and two site plans showing a detail of the proposed construction and its location.
DPS determines if the type of work and the location of the item is acceptable and not a potential safety hazard to the general public. If the request is permissible, DPS also determines whether, a Special Use Permit is required to ensure completion of the construction and/or restoration of the right-of-way if damaged. DPS sends the applicant a Maintenance and Liability Agreement which the applicant completes, notarizes, and returns to DPS along with any required bond and fee.
DPS reviews and approves the agreement and notifies the applicant that it is ready for him/her to record in the Land Records. The Revocable Permit, (and Special Use Permit, if applicable) is issued after the agreement has been recorded.
What will the Revocable Permit cost?
Generally there is no bond or fee for a Revocable Permit. However, if a Special Use Permit is required, a bond must be posted, and a fee equal to 14.930 % of the bond will be charged. An additional 5% Automation Enhancement Fee is charged on the cost(s) listed above.
How long will it take to issue the Revocable Permit?
It will take approximately five to six weeks to process the permit. This includes the time required to process a Special Use Permit, if applicable.
Note: Actual processing time may vary according to workload, complexity of the project, and number of reviews required.
|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|
|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|
|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)|
|Montgomery County Department of Transportation (MCDOT)|
|Potomac Electric Power Company (PEPCO)|
|Washington Gas Light Co.|