Land Use and Zoning
In Montgomery County, every piece of land is subject to zoning laws that determine how the land can be used and what public facilities and amenities are needed to provide service to the community. The County Council is the final authority on land use matters. The Council approves changes in the Zoning Ordinance.
The Council is assisted in making zoning decisions by the Office of Zoning and Administrative Hearings. Zoning cases are first heard by the Hearing Examiner who compiles an official record for review by the Council. Councilmembers are not allowed to read or hear communications about a zoning case from the public. This is known as the ex parte rule. In addition, when the Zoning Ordinance provides that a land use is allowed only by "conditional use," it is the task of the Hearing Examiner to determine whether the applicant meets the requirements stated in the law.
The Board of Appeals is composed of five citizen members appointed by the Council. Among other things, the Board of Appeals decides cases in which an applicant seeks relief from the strict application of the Zoning Ordinance (“variance” cases), sits in an appellate capacity over the Hearing Examiner’s decisions in conditional use cases, and hears administrative appeals of certain enumerated County actions, including the issuance or denial of building permits.
Zoning, Conditional Use, Subdivision Processes
- Only the District Council can introduce a zoning text amendment (ZTA), but the Planning Board and County Executive may request the District Council introduce a ZTA.
- Council staff must forward all zoning text amendments to the Zoning Text Amendment Advisers before introduction by the Council. The “Advisers” include 1 staff representative each from: the Montgomery County Planning Board; the Office of the County Attorney; the Office of Zoning and Administrative Hearings; the Department of Permitting Services; the Board of Appeals; the People’s Counsel; and the Office of the County Executive.
- Within 5 days after introduction, ZTAs must be sent to the Planning Board and County Executive for review.
- The Planning Board reviews all ZTAs after introduction in an open session. The Planning Board must submit its recommendation to the Council before the Council’s public hearing. The Planning Board must submit a Climate Assessment 7 days before the Council’s public hearing.
- The Office of Legislative Oversight (OLO) must provide a Racial Equity & Social Justice (RESJ) statement within 21 days after introduction.
- A public hearing must be held 30-60 days after introduction. The requirements for public hearing notice are 2 newspapers of general circulation and posting on the Council website. Members of the public can sign up to speak or submit official written, audio, or video testimony via the Council website.
- ZTAs are typically reviewed by the Planning, Housing, and Parks (PHP) Committee before review by the full District Council.
- A ZTA takes effect 20 days after it is approved by the District Council.
- A ZTA that is not acted on expires 2 years after the public hearing or at the expiration of the Council’s term, whichever is sooner.
- In an election year, the District Council may not act on a ZTA from November 1 until the new Council has taken office.
Zoning determines the land use, lot size, building height, and setbacks for property. A Local Zoning Map Amendment is the process a property owner may use to try to change the property’s zoning. The Council decides zoning map changes in a process that is close to a court proceeding. The Council is prohibited from off-the-record communication on these matters (the “ex parte” rule). In addition, when the Zoning Ordinance provides that a land use is allowed only by "conditional use," it is the task of the Hearing Examiner to determine whether the applicant meets the requirements stated in the law.
For public participation in local zoning map amendment process view : Local Map Amendment Rezoning
A conditional use is an allowed use in a zone that requires subjective findings of compatibility after a public hearing. The Hearing Examiner decides, after a public hearing, whether a conditional use should be granted. That decision may be appealed by a party of record to the Board of Appeals.
For public participation in conditional use cases view: Conditional Use and Conditional Use Modification Process
Development Review is the responsibility of the Planning Board. The Board has approval authority for project plans, sketch plans, preliminary plans, site plans, record plats, and forest conservation plans.
For public participation in development review process view: Development Review Participation
Digital Zoning Map
The digital zoning map is available through the new Digital Zoning Finder tool. The tool displays zoning data and a variety of other information about each property in the County.