Right of Way Permit
When Is A Paving Permit Required?
A Paving Permit is required before any roadway paving may be started in the public right-of-way. It ensures that roadway pavement will accommodate the safe movement of vehicular traffic.
What Is The Paving Permit Application Process?
The process for applying for a Paving Permit is as follows:
- The applicant submits a Paving 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 Paving Permit),
- and Storm Drain and Paving Checklist)
- 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 Paving Plans.
- 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 Paving 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 both during the work and after its completion (see Public Right of Way Inspections).
What Will The Paving Permit Cost?
- A non-refundable filing fee in accordance with Schedule of Fees for Permits Licenses and Inspections - Method 3 is required for all driveway permit applications. An additional 5% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98- Adoption of an Automation Enhancement Fee.
- The fee is based on a percentage of the construction cost estimate/bond amount. Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3. An additional 5% 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 inspector in the field, or by submission of drawings showing the work.
- Extension Fee - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3. An additional 5% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98
How Long Will It Take For The Paving Permit To Be Issued?
A permit will be issued when all appropriate fees have been paid, necessary bonds posted, and plans have been approved by the Department. In granting the permit, the Department may attach conditions that the Department deems reasonably necessary to prevent
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.
How Do I Extend My Permit?
The applicant notifies DPS Land Development Permit Processing Section 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.
|Right of Way Permit Application||Application for Construction on Property Dedicated to Public Use|
|Other Standard Forms & Documents|
|Property Dedicated to Public Use Scope of Work Form|
|Property Dedicated to Public Use Checklist|
|Storm Drain and Paving Checklist|
|Paving Right of Way Permit Fees - 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||Performance Bond Sample|
|Letter of Credit||Letter Of Credit|
|Codes, Standards, Executive Regulations|
|Montgomery County Code — See Chapter 49||Montgomery County Code|
|MCDOT Design Standards||MCDOT Design Standards|
|Guidelines, Memorandum of Understandings, Interpretations|
|Right of Way Guidelines and helpful Information||DPS Right of Way Guidelines|
|Inspection Requirements||Public Right of Way Inspections|
|Frequently Asked Questions|
|311 Web Portal: Enter key word "Right-Of-Way"||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.|