Building Permits and Regulations Summary

Construction projects undertaken in Section 3 of the Village of Chevy Chase must be done in conformance with both Montgomery County regulations and Section 3 regulations -- and they are not always the same. These two sets of regulations operate concurrently. In certain instances, Montgomery County zoning ordinances allow actions that Section 3's Code of Ordinances do not and vice versa. It is important that you review both Section 3's Code of Ordinances (see www.chevychasesection3.com ) and the county zoning ordinances (we are zoned R-60) and information on County zoning and permitting can be obtained by going to http://permittingservices.montgomerycountymd.gov before you get too far in planning your project. If you have questions, please address them to the Buildings and Roads Representative on the Village Council or contact the Village Manager.

The overall goal of our building ordinances is to retain consistency in our setbacks; make sure that no one, including the Village itself, is adversely affected by water from a neighbor's property, and preserve sufficient open space in our established neighborhood - in sum to protect and promote the health, safety and general welfare of the residents. That goal is achieved via the permitting process and by requesting that residents inform all their neighbors immediately impacted (that means bordering, abutting and confronting) by their proposed construction. We ask that you do so well in advance of whatever work you are contemplating so that you are certain they have a complete understanding of what you are planning. We want the entire building process to be a smooth one for all parties involved. To that end, we also advise that you include plenty of time in your schedule to go through the permitting process.

Section 3 Building Permits are required for any demolition, construction or renovation of residences and accessory building that changes the footprint and/or envelope of the structure. Section 3 Building Permits are also required for the construction or alteration of fences and walls; the construction or renovation of driveways, aprons and curb cuts; and the excavation or regrading of yards and the installation of sump pumps.

These types of projects include, but are not limited to:

• Building a new house
• Putting on an addition
• Tearing down a structure or any part thereof
• Building a shed or garage
• Installing a sump pump and/or a sump pump discharge
• Constructing a porch or deck
• Creating a patio or other paved area
• Using a dumpster or temporary storage unit (PODS)
• Building a pool, tennis or basketball court

Section 3 Building Permits are not required for work on the interior of one's house or for any plumbing or electrical work, but your contractor must have the proper permits from either Montgomery County or in the case of a plumber, WSSC (Washington Suburban Sanitary Commission.) It is recommended for your safety and protection that your contractor is licensed and insured. Section 3 Building Permits are also not required for ordinary repairs and maintenance to the exterior of a structure.

These types of projects include, but are not limited to:

• Painting
• Repair of gutters
• Replacement of windows
• Emergency repair or excavation

Procedure for Obtaining a Building Permit:

It is a three-step process to be issued a Section 3 building permit:

1. Obtain a letter of acknowledgement from Section 3 to Montgomery County
2. Obtain a Montgomery County building permit
3. Obtain a Section 3 building permit

Montgomery County will not process your building permit application without first receiving our municipality's letter of acknowledgement. This is true for all municipalities in the county. In order to get such a letter, you will need to inform the Section 3 Building and Roads Representative of your proposed changes and submit a preliminary set of building plans (whether for an addition, a demolition, a fence, etc.). Section 3 will then issue a standard letter confirming our municipality's awareness of your plans. The letter of acknowledgement from Section 3 does NOT constitute permission to start your project; it is simply notification of your intent to pursue a county building permit.

Should your construction plans require a variance from Section 3, you will be informed of the variance procedure at this time. In special cases, and for good cause, if there are practical difficulties or undue hardship caused by strict compliance with Section 3's Code of Ordinances, residents may apply for a variance to be considered by the Village Council. If this is the case, it is strongly suggested that you determine whether or not a variance is also required from Montgomery County.

Once you have completed the county's application procedure, met all of the county's zoning and building requirements and been issued a permit, you can apply for a Section 3 building permit. An application for building permit can be found at www.chevychasesection3.com.

Please note that if your construction plans require a Montgomery County building permit but not a Section 3 building permit, you will still need to get a letter of acknowledgement from Section 3 in order to obtain a county permit.

Setback Regulations:

Section 3 ordinances require a 30' setback from the front property line. Please note that Montgomery County requires a 25' setback or the Established Building Line (EBL), whichever is greater. The EBL is a calculation that averages existing building setbacks on neighboring properties, and as such, may indeed be greater than 30', in which case, you will have to comply with the County's EBL requirement.

Section 3 ordinances require a 20' setback from the rear property line. Montgomery County's rear setback requirement is the same.

Section 3 ordinances require an 8' setback from any side property line and that the sum of the side setbacks must not be less than 18'. Section 3 does make an allowance that the county does not for buildings that have been constructed closer than 8' from a side property line, as in common with the older homes in our village. In such a case, a house which was built 5' or more (but less than 8') from a side property line may be enlarged provided that the addition is not built any closer to the side property line than the existing wall of the house and provided that the sum of the side setbacks still equals 18' or more. For example, if the side of one's house is 5' from the side property line, the addition can continue along that line on that side, but the setback on the other side must be at least 13' for a total of 18' minimum. Similarly, if the existing house is 6' from one side property line, the setback on the other side property line must be at least 12' for a total of 18' minimum.

Please note that Montgomery County's side setback rules differ from Sections 3's rules not only because of this exception, but because their setbacks differ depending upon the year that the house was built and the width of one's lot. Montgomery County's general rule also requires an 8' side setback with an 18' sum of side setbacks, but if one's lot was recorded before 1953 (with a few exceptions) the side setback is 7' each side. More importantly, this 7' side setback applies to all additions. If a house was built before the zoning laws were passed in 1928, then Section 3's more liberal side setbacks for homes built close to the property line may apply.

Corner lots, through lots (lots with street frontage on opposite sides) and lots with three street frontages have certain unique characteristics that result in a different application of setback rules, both by the county and by Section 3. Corner lots are considered to have two front yard setbacks, one rear yard setback, and one side yard setback. Through lots are considered to have two front yard setbacks (they do not have a legal backyard). Lots with three street frontages are considered to have three front yard setback s and one side yard setback. Owners of these types of lots should consult with both Montgomery County and with Section 3 so that they completely understand the ramifications of these setback determinations. Renovations for these types of properties are more challenging.

It is also important to note that Section 3 has a very broad definition of what constitutes a structure, and no structure may encroach into the stated setbacks. Structures include but are not limited to decks, porches, steps or stairs, chimneys, bay windows, roof eaves, open stairwells from basements, and AC units. None of these structures may be located within the setback per Section 3's ordinances, while Montgomery County does make some exceptions. Section 3 does not make any exceptions unless a property owner applies for and is granted a Section 3 variance. Obtaining a variance is a separate process from obtaining a Building Permit and should not be undertaken lightly. The process for variances is covered in Chapter 7-210.

Sheds are the only residential structure specifically referenced in Sections 3's Code of Ordinances with its own, separate setback requirements. Sheds with a floor area of 144 sf or less must be constructed only in a rear yard; they may not be places in a front or side yard. Such sheds must not be located any closer than 5' from the rear and side property lines. Montgomery County requirements for sheds 144 sf or less are the same. Sheds larger than 144 sf require a building permit from both the county and Section 3. Water runoff from the shed is also a matter for consideration; please see the "Storm Water Management" section.

It is clearly important to familiarize yourself with Montgomery County's setback requirements as well as our own before you get too far in the design process.

Storm Water Management:

Storm water run-off presents endless challenges to neighborly relations so storm water management is an important concern here in Section 3. There are numerous factors that affect our ability to control run-off: our many narrow lots, the presence of underground streams, run-off from sump pumps and downspouts, and our neighborhood's general easterly slope. Put those together with our desire to preserve open spaces and minimize impervious surfaces on those narrow lots, and a strong concern emerges for how residents handle water from their houses' rooflines, driveways, and other impervious surfaces such as patios. As a result, building permits will not be granted for any building addition or renovation, accessory structure, new or renovated (but not simply resurfaced) driveway, or sump pump unless the owner can show that the resulting run-off will not adversely affect one's neighbors. A drainage plan must be submitted as part of the building permit application for any structure over 144sf. If it is determined that neighbors are adversely affected, Section 3 may require that the owner take special measures to contain and/or control that run-off. Please note that Montgomery County also has storm water regulations that must be addressed. Rules can be found in Chapter 6-302.

Driveways:

Water runoff from driveways is an important concern as described in the "Storm Water Management" section. A drainage plan must be submitted as part of the building permit application for any structure over 144sf, and a driveway is indeed a structure per Section 3's broad definition. Section 3 ordinances require that the proposed construction or renovation of any driveway must be at least 80% permeable and must provide adequate means of either retaining storm water on site or providing drainage that won't adversely affect any adjacent property or public sidewalk or street. Possible material options for achieving the necessary level of permeability include permeable concrete, permeable pavers, or plain old pea gravel.

While residents do not need a building permit to simply resurface their existing driveways if they are not making any changes to the driveways' size or configuration, it is encouraged that they nonetheless look carefully at the existing drainage situation to see if there could be any improvement to the management of run-off. Rules on driveways can be found in Chapter 6-302 (e) 4 c, (f), (g).

Fences, Walls and Hedges:

Fences can indeed make good neighbors, but only if you inform your adjoining property neighbors of your plans first -- so please discuss your proposed fence's location and design with them. This notification is a requirement of the Section 3 application for building permit. Permits must be obtained from both Montgomery County and Section 3 as described in the aforementioned "Procedure for Obtaining a Building Permit." The only instance in which a permit is not required by the county is if one is replacing or repairing an existing fence which was initially installed with a building permit, with the same kind of fence in the same location and at the same height.

Section 3 ordinances require that front yard fences (running along both the front and side property lines in front of the front house line) shall not exceed 48" in height. Section 3 ordinances require that rear yard fences (running along both the rear and side property lines behind the front house line) shall not exceed 72" in height. Please note that while Montgomery County allows a 78" high fence in this instance, Section 3 does not. Through lots and corner lots have two front yards for fencing as well as setback purposes which result in a different application of the fencing height rules. Corner lots also have the added restriction that fences cannot be higher than 36" within 15' feet of the corner in each direction so as to provide an unobstructed view of pedestrian and vehicular traffic. Walls, hedges or lines of shrubs must also comply with the same regulations. The rules are included in Chapter 7-209.

Dumpsters and Temporary Storage Units:

Dumpsters cannot be placed on any street or sidewalk without the prior consent of the Buildings and Roads Representative, and Section 3 can require a performance bond from a builder or developer or owner to ensure that any damage to our streets and sidewalks is covered by the bond or the $1500 deposit. All temporary storage units (PODS) must be placed on residential property as well, with the permission Buildings and Roads Representative, and have no portion protruding into public space. All such receptacles or units must be removed no later than 30 days after their original placement unless a limited extension of that time is granted Rules on dumpsters and temporary storage units are covered in Chapter 7-312.

Construction Noise Ordinances:

Construction noise can be a big problem. Any noise complaints must be directed to the County level. Montgomery County construction noise ordinances are as follows: Weekday hours of construction are 7:00 am to 9:00 pm. Weekend hours do not begin until 9:00 am. The maximum acceptable level is 65 dBA for daytime and 55 dBA for nighttime. This means that one can still lay carpet or undertake similar interior work after these hours unless the noise becomes as high as 65 dBA during the day and 55 dBA at night. The county has a machine used to measure noise levels but unless it is a continuous problem, it's hard to get them to come out with their measuring device in a timely manner as there is only a single machine for the entire County. All builder and developers are made aware of county noise ordinances, so if you think that they are being violated, you can call the County police and they will respond. The same is true of continuously barking dogs. In both instances, we advise first talking to the property owner before calling police. For more information on the County's noise ordinances go to http://www.montgomerycountymd.gov/deptmpl.asp?url=/content/dep/Noise/home.asp.

For more detailed information on Section 3's rules, please consult Section 3's Code of Ordinances which can be found on the village website at www.chevychsesection3.com for more detailed information. The bulk of building permit-related regulations can be found in Chapter 6. Fines for non-compliance can be found in Chapter 3.