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Laws & Regulations
Montgomery County is committed to making regulatory information readily available to the business community. Several Montgomery County departments and offices interact with the business community.
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Environmental Laws & Regulations
Montgomery County has laws & regulations designed to improve the environment through a focus on energy conservation and protecting natural resources.
| Law | Description |
|---|---|
| Commercial Building Energy Benchmarking | Requires building owners to benchmark the energy use of nonresidential buildings in the County that are 50,000 square feet and greater. |
| DEP Development Review Process | Requires a property owner, developer, or builder to demonstrate that each building requiring sanitary service will have both an adequate fresh water supply and a wastewater disposal system. |
| Special Protection Areas | Development within special protection areas is subject to strict requirements to reduce threats to resources and features of these areas. |
| Stormwater Management Concept | The goal of stormwater management is to control runoff from developed properties to minimize stream erosion and the discharge of pollutants into the environment. A stormwater management (SWM) concept typically includes a drawing and narrative which describes the manner in which stormwater runoff from a proposed development will be controlled. |
Food & Beverage Establishments and Public Health Laws & Regulations
Montgomery County develops and enforces regulations related to businesses engaged in providing food & beverages and health care services.
| Law | Description |
|---|---|
| Alcohol Enforcement | Ensures businesses with alcohol licenses are following laws and regulations. |
| Ban on Polystyrene Products | Limits the use and sale of certain polystyrene products in Montgomery County and requires the use of either recyclable or compostable food service products when serving or providing food for on- or off-site consumption. |
| Domiciliary/Assisted Living Care | Ensures the protection of the public health and quality of care through a program of inspection and investigation of licensed health care facilities, such as nursing homes and large and small assisted living facilities under State of Maryland regulations. |
| Farmers Market Sampling | Provides guidelines for vendors selling food products at Farmers Markets. |
| Group Home | Enforces regulations related to the licensing of group homes. |
| Hospital | Enforces regulations related to the licensing of hospitals. |
| Menu Labeling | Requires chain eating and drinking establishments (with at least 20 locations nationally), to post the calories of each standardized menu item on the menu or menu board and provide additional written nutrition information to a consumer upon request. |
| Smoking | Enforces regulations associated with smoking. |
| Tobacco Enforcement | Requires compliance with Montgomery County's Distribution of Tobacco Products to Minors and Tobacco Products Placement laws. |
| Trans Fat | Enforces the County’s regulations on the use of artificial trans-fat by eating and drinking establishments. |
| Vector Control (Rats) | Enforces the regulations associated with the elimination and control of rats. |
Business Operations Laws & Regulations
Certain County regulations are designed to improve the environment through a focus on energy conservation and protecting natural resources.
| Law | Description |
|---|---|
| Certified Food Service Manager | Requires that a food service licensee must not operate a food service facility unless the facility is under the immediate control of a Certified Food Service Manager. |
| Earned Sick and Safe Leave | Requires most employers in Montgomery County to provide paid time off that can be used for purposes defined by law. An employer guide (PDF) that covers both Montgomery County's Sick and Safe leave law and the Maryland Healthy Working Families Act is available for employers with workers in Montgomery County. |
| Fair Criminal Record Screening Standards Law (Ban the Box) | Restricts when during the application process certain employers can inquire about someone’s criminal history. |
| Food Allergen Awareness and Training | Requires that all eating and drinking establishments required to be under the immediate control of a certified food service manager have on the premises at all times when food is being prepared or served, an employee who has completed a food allergen awareness training course and passed a test as required by this Regulation to protect the health of Montgomery County residents. |
| Maryland Minimum Wage and Overtime Law (Montgomery County) | Requires certain employers in Montgomery County to pay a set minimum wage. |
| Motor Vehicle Towing & Immobilization on Private Property | Limits some practices that have led to the predatory towing of vehicles parked on private properties. |
| Taxicabs | Regulates and licenses Montgomery County taxicab services. |
Building and Construction Laws & Regulations
Certain County regulations are designed to improve the environment through a focus on energy conservation and protecting natural resources.
| Law | Description |
|---|---|
| Department of Permitting Services | Reviews and processes building plans and permits to ensure structures are meeting code and safe for occupants in Montgomery County. Visit the DPS web site for detailed information in addition to the helpful links provided here: |
| Development Review | Ensures proposed developments meet County code, master plans, development standards, policies and procedures. |
| Streetlights: New Installations | Provides guidelines for the installation of streetlights. |
| Temporary Traffic Controls | Provides direction for motorists and pedestrians when temporary work activities (road construction, maintenance, utility work and roadway incidents) interfere with normal traffic flow. |
| Zoning | Provides information regarding Montgomery County zoning as part of an overall approach to strategically regulating land use. (Use the County's interactive digital zoning map to look up zoning information.) |
Local Business Laws & Regulations
Below are laws and regulations which have been adopted by Montgomery County to reflect the values of our community and define expectations for businesses engaged in certain activities.
| Law | Description |
|---|---|
| Air Quality | Helps protect indoor and outdoor air quality in Montgomery County. |
| Carryout Bag | Requires retail establishments to charge customers 5 cents if they choose to use a paper or plastic bag at checkout. |
| Landlord-Tenant | Assists both tenants and landlords in resolving disputes and enforcing County law that governs landlord-tenant relations. |
| Lawn Care | Provides tips and resources for lawn care and links to laws regarding the use of fertilizer and pesticides on lawns in Montgomery County which are regulated by the Maryland Fertilizer Law and the Montgomery County Pesticide Law. |
| Moderately Priced Dwelling Unit (MPDU) Program | Requires that a percentage of housing units in residential developments be made available for moderate-income households. |
| Noise Control | Minimizes noise that affects residents and businesses in Montgomery County. |
| Recycling | Requires Montgomery County businesses to recycle. |
| Residential Neighborhoods | Preserves the quality of life in Montgomery County neighborhoods. |
| Street Trees | Guides activities such as pruning, disturbing, remove or planting trees in the public rights-of way which are subject to Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law. |
| Traffic Mitigation Plans (TMP) | Requires employers with 25 or more full- or part-time employees in a transportation management district to submit a Transportation Mitigation Plan, participate in the annual commuter survey and submit an annual report of activities. |
| Tree Canopy | Applies to development that requires a sediment control permit. |
Laws for Government Contracting / Procurement
Businesses that are interested in selling goods and services to Montgomery County should familiarize themselves with the contracting requirements. You can find more information on procedures and processes through the Office of Procurement website. In addition, you should be aware of the wage information below.
| Law | Description |
|---|---|
| Prevailing Wage | The prevailing wage be paid to workers on County financed construction contracts. |
| Wage Requirements | Ensures workers on County funded projects receive livable wages. |