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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:


  • 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?

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.

Application Package
Right of Way Permit Application Application For Construction on Property Dedicated to Public Use
Grading Permit Checklist Property Dedicated to Public Use Checklist (completed for Grading Permit)
Scope of Work Form Property Dedicated to Public Use Scope of Work Form
Other Standard Forms & Documents
Complaint Form Complaint Form 
Request For Information Form Request for Information
Right of Way Permit Fees Public Right of Way Permit Fees
Automation Enhancement Fee Automation Enhancement Fee
Information Request Procedures/Fees Information Request Fees
Bond Information Bond Information
Letter of Credit Letter Of Credit
Performance Bond Performance Bond
Codes and Standards
Montgomery County Code — Chapter 49 Montgomery County Code See Section 49
Design Standards DOT Design Standards
Online Permitting Status Information
Right of Way Questions 311 in Montgomery County or 240-777-0311 outside of Montgomery County
Online Permit Status Permit Status/Search
Contact DPS
Phone 311 in Montgomery County or 240-777-0311 outside of Montgomery County
Other Agencies to Contact
Other Agencies and Utilities to Contact PEPCO
  Historical Society
  Baltimore Gas & Electric Co. (BG&E)
  Allegheny Power
  Washington Gas Light Co.
  M-NCPPC:Historic Area Work Permits
  Miss Utility