An amendment to Montgomery County Code Chapter 8-27 regarding the demolition or removal of buildings will go into effect on Monday, Aug. 21, to ensure that when a residential building is demolished or substantially demolished, a demolition permit will be required. The law also will require any new home rebuilt on that site have a new home building permit. The County’s Department of Permitting Services (DPS) issues the permits.
The amended legislation redefines the term demolition to include removal of two-thirds (67 percent) of first story exterior walls of a single-family or two-family dwelling (duplex or townhouse) or if less than one-third of existing first-floor exterior walls (enclosing a habitable space of a house) are left in place above the basement or foundation.
The Montgomery County Council approved the amended legislation (Bill 30-22) earlier this year and County Executive Marc Elrich signed it into law.
“Demolishing or tearing down a building is inherently dangerous, and there was a need to address situations that allowed people to get around the intended construction rules,” said County Executive Elrich. “Before the definition of demolition was changed, a contractor could basically rebuild a new home with an alteration/addition permit by leaving a small portion of the original building, such as two small walls, without requiring a permit for demolition or new construction. I am thankful to the County Council for passing this legislation and appreciate the Department of Permitting Services for quickly implementing these new rules that will help ensure safer conditions for those working on or living near structures that are being demolished.”
DPS Director Rabbiah Sabbakhan said the new legislation will clearly define important aspects of requirements for demolition and new construction that was intended to follow on the site.
“A demolition permit triggers certain obligations on the part of the applicant, which are coordinated directly with agencies, such as Pepco, Washington Gas, Montgomery County Department of Environmental Protection and Maryland Department of the Environment,” said DPS Director Sabbakhan. “They verify service disconnection and meter removal, compliance with safeguards to abate any pest control issues and remediation of any detrimental environmental impacts such as asbestos and lead.”
If a new structure is going to be built, the amendment requiring a new home building permit also helps protect buyers by ensuring there will be a warranty for their new home.
“This legislation addresses a gap in the previous law that permitted unregistered new home builders to demolish existing homes and build new homes under the guise of ‘additions,’” said Office of Consumer Protection Director Eric Friedman. “The updated law now mandates the proper registration for all such construction activities. This measure guarantees protection for consumers through the County’s new home warranty coverage and grants them access to Maryland's Guaranty Fund. Simultaneously, it promotes equity for registered builders who adhere to the permit and warranty requirements.”
County Councilmember Marilyn Balcombe, who spearheaded the Council’s action on the bill and was its lead sponsor, said the legislation will close a loophole in County law.
“I want to thank Office of Consumer Protection Director Eric Friedman for working with the Council to require demolition permits for substantial building tear downs to better protect Montgomery County residents from potential utility issues and the negative impacts of environmental hazards such as asbestos and lead paint,” said Councilmember Balcombe. “It was important to enact this common-sense measure to close a loophole in County law that was first identified by former Councilmembers Tom Hucker and Hans Riemer.”
Councilmember Laurie-Anne Sayles said: “I would like to thank former Councilmembers Tom Hucker and Hans Riemer for bringing this bill forward. Passing new demolition requirements is not only a general safety issue, it is also a public health issue. Many older buildings in Montgomery County have asbestos, and we need to address concerns about it spreading.”
Councilmember Kate Stewart said: “The new demolition law helps ensure we are providing quality, safe housing during this housing crisis our County faces. And, as we look to create more resilient communities in the face of the climate crises, the changes made to the demolition permit will also address stormwater management issues to better mitigate potential runoff impacts.”
For more information about demolition permits, visit the DPS website at montgomerycountymd.gov/dps or stop by the customer service lobby at 2425 Reedie Drive, 7th Floor, in Wheaton. DPS offices are open from 7:30 a.m.-4 p.m. Monday- Friday. No appointment is necessary. If you have questions or need more information, contact MC 311 or 240-777-0311.
