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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:
  • 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?

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.


Application Package
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 15-13
Automation Enhancement Fee Executive Regulation 13-13
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
Inspection Requirements Public Right of Way Inspections
Frequently Asked Questions
311 Web Portal: Enter key word "Right-Of-Way"
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)
  Potomac Electric Power Company (PEPCO)
  Washington Gas Light Co.