Department of Permitting Services Rebuilding Demolition Laws

Demolition companies face stricter rules and regulations from the county. Effective Monday, Aug. 21, an updated law mandates a demolition permit for any substantially demolished residential building.

Following such demolitions, any subsequent home construction on the site must also acquire a new building permit, the county’s Department of Permitting Services (DPS), the agency responsible for issuing these permits, said in a press release.

The updated legislation stipulates if two-thirds of the first-story exterior walls of a duplex, townhouse, or single-family dwelling are removed, it’s classified as a demolition. The same applies if less than one-third of the existing first-floor walls above the basement remain intact.

The legislative update, termed Bill 30-22, was ratified by the Montgomery County Council earlier this year. County Executive Marc Elrich signed it soon after, emphasizing its necessity.

“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 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.

Shedding light on the implications of the revised law, DPS Director Rabbiah Sabbakhan emphasized demolition permits bring forth specific obligations. These include liaising with various agencies like Pepco, Washington Gas, Montgomery County Department of Environmental Protection, and Maryland Department of the Environment. Sabbakhan said the permits aim to adequately handle tasks such as service disconnection, pest control, and addressing environmental concerns like asbestos.

More information about demolition permits and the new law can be found on the DPS website.

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