Permitting 101: Understanding the Basics

In this episode of the Montgomery County Department of Permitting Services (DPS) Podcast, host Gail Lucas talks with DPS Permitting Manager Crystal Roberts about when a permit is required, common misconceptions, and how homeowners can avoid delays.

Previous DPS Podcast episodes have covered accessory dwelling units, eSolar, new codes, residential fast-track permits, outdoor projects, special event permits, use and occupancy certificates, vendor licenses, and more.

Do you have a question or idea for a future DPS Podcast episode? We would like to hear from you. Email us at dps.podcast@montgomerycountymd.gov.

You can find a transctipt of this episode here:
https://www.buzzsprout.com/2163316/19136359-permitting-101-understanding-the-basics/transcript

Transcript

Welcome And Residential Project Focus

Gail Lucas 0:09

Welcome to the Montgomery County Department of Permitting Services podcast. I'm Gail Lucas, your host. I'm also the division chief for the Customer Support and Outreach Division here at DPS. Joining us on the podcast today is Crystal Roberts, a permitting services manager, also in customer support and outreach. Welcome, Crystal. All right. Thank you for having me. We're going to talk today about residential projects. We're going to talk about when you need a permit and those kinds of projects that you have and you and your staff have jurisdiction over. Okay?

Crystal Roberts 0:39

Sounds good.

When A Permit Is Required

Gail Lucas 0:39

 Okay. The big question and the first general question: when is a permit required?

Deck And Fence Permit Misconceptions

Crystal Roberts 0:54

More often than you think is the answer. So very anytime there are structural changes, if you're building something new, replacing a deck, installing a fence, adding a shed, those things all require a Montgomery County building permit with very few exceptions. Even if your deck is just a few inches off the ground that is supported by footings, that might mean that a permit is mandatory. Also, anything that has electrical components, fixtures, outlets, lighting might trigger the need for an electrical permit. Cosmetic updates like painting, flooring, replacing, window screens, those do not need a permit. We have a very helpful brochure on our website that outlines when you need a permit and when you do not. I refer to this all the time.

Gail Lucas 1:41

Okay. Let's talk about some common misconceptions. You named one of them. If you have a deck that's just a few feet or a few inches off the ground, most people think you don't need a permit for that. Tell me why you do need a permit for that.

Crystal Roberts 1:57

Because of the structural footings, even if it's low to the ground, that may be something that requires our review. So that's one example of when you think you might not need a permit, but you actually do. Even if you do the work yourself, you might still need to apply for permits as well. So that's something to keep in mind.

Gail Lucas 2:17

Okay. And what about fences? Um, fences, people think about fences a lot in the springtime. I know I'm thinking about replacing my fence. Talk about fence replacement. Okay.

Crystal Roberts 2:26

Well, a fence, uh, if you are replacing the existing fence that was permitted by us in the exact location, the exact same height and materials, you will not need a new permit. But if the height's changing or the materials are changing, that means you need to apply for a permit.

Gail Lucas 2:45

What else do homeowners need to think about when they're thinking about projects? I'm thinking about putting in a shed. I'm thinking about perhaps putting in a gazebo. What are the considerations that I need to have? What should I be thinking about?

Crystal Roberts 2:55

Well, your project, um, you know, depending on what you're looking at, a shed or gazebo, I think one of the big things is zoning, the location of that shed or gazebo. Where you are allowed to place that on your property might be dependent on the zoning ordinance. So if you're not sure, you should come in and ask those questions. Um, your permit is going to require you to put that uh new structure on a site plan and we can help guide you through that process.

Gail Lucas 3:22

Okay. Understanding zoning and setbacks, how do we get information about that? How would I find that information out?

Safety Value And Inspections

Crystal Roberts 3:31

I think the best thing for you to do would be to review the county zoning rules. You can access those links on our website, but also just reach out to contact us. We are here to help you. We can answer those questions.

Gail Lucas 3:43

And one of the biggest questions, or and I know folks think about this, but why do permits matter? Why does it matter if I get a permit or not? That that is a good question, really.

Crystal Roberts 3:53

That is the most important thing about obtaining a permit is getting the uh inspections and ensuring your safety, your family's safety, the safety of the community. But also you're protecting your investment. You're maintaining your property value when you get a permit. And you can also be reducing your financial or legal liability if you know someone has an accident on your property. Having a permit for the work you did is going to protect you and protect your investment.

Free Pre-Design Consultations

Gail Lucas 4:19

Okay. What else? What else helps me? What else helps the customer? We have something called pre-design consultations. Talk to us a little bit about what helps that what that means. 

Why One Project Needs Many Permits

Crystal Roberts 4:30

Um, the pre-design consultation is a great feature that we offer. It allows you to just get all the folks that could help you with your project in the same space to answer your questions. So you can go online to our system and tell us a little bit about what you're proposing, and we can make sure the right people are present to address your questions. If you have a well-in-septic system, someone will be there to talk you through the implications of an addition that might, you know, impact uh your septic system. If your question is about the setbacks, how far you can have something from the property lines that you're proposing, someone from zoning can be present at this discussion. So we often encourage folks to go online and share their project uh proposal with us and schedule those meetings.

Gail Lucas 5:15

One of the important things to know about pre-design consultations is that they're free. We offer them free of charge. You can go online and you can schedule them yourself. Um, what else? What else do you want folks to remember about getting permits or thinking about getting a permit?

Crystal Roberts 5:32

I think something that frequently happens is that folks assume that one permit will cover everything in their project. Okay. And that is a common misconception I would like everyone to understand. I think particularly I have the common experience with a swimming pool permit. You apply for a residential building permit to construct your swimming pool, but that's not all that needs to be considered. Moving the earth to excavate for that pool, that may trigger the requirement for a sediment control permit. If you're disturbing more than 5,000 square feet or you're moving more than 100 cubic yards of earth, you can expect that you'll need a sediment control permit. And I understand that 100 cubic yards isn't very much. So that would be a really small swimming pool. So most pools are going to need that. In addition to that, you may need a right-of-way permit. If your property is out of Montgomery County right-of-way, even if you have your own driveway and you have a big lot, uh possible access to the property can impact the county infrastructure like storm drains and gutters. So we're going to want you to get a right-of-way permit to protect the county right-of-way during that process. And then not to mention your swimming pool may have some mechanical or electrical components. So that could be five permits for your swimming pool. So understanding when there are related permit requirements is important.

Gail Lucas 6:50

Okay. And people don't think of a swimming pool as needing five permits. No, they certainly don't. Not to mention a fence or some kind of cover that needs to go on.

Crystal Roberts 7:00

I omitted that as well. Now, um, that can be part of uh those can be reviewed concurrently. So it doesn't necessarily mean it's going to take five times longer to get your permit because we can review those items for you concurrently.

Contractor Licensing And Owner Responsibility

Gail Lucas 7:12

That's a good point. So we're I'm getting five permits, but all of those five permits can travel together and we can get them all at the same time, right?

Crystal Roberts 7:21

That sounds correct.

Gail Lucas 7:22

That sounds correct? All right. One of the other questions that we get um very often is about licensing and making sure that your contractor or that your project is licensed. Talk to us a little bit about licensing.

Crystal Roberts 7:38

We expect that when you apply for residential permits, that the primary applicant is either the property owner taking responsibility as the contractor or an MHIC license contractor. That's a Maryland home improvement contractor. And that is for your protection. Those folks are vetted with state licensing. So we encourage you to make sure that your contractor has a current license and to put the permit in their name, not necessarily yours.

Gail Lucas 8:06

And we have a brochure. I see you brought a brochure with us. What is this information that you have here?

Faster Approvals Documents And Where To Get Help

Crystal Roberts 8:10

Yeah. This is something I refer to often myself as well. It's it tells us in the county, it's a guide to building permits. When is a permit required and when do you do not require a permit? And so again, we talked about when permits are required, but some things you can do, um, like full floor covering and uh small retaining walls, siding, replacing windows in kind, those don't need permits. And this brochure can be downloaded to sort of review that information. But if you have any questions, we're going to want you to reach out to us anytime.

Gail Lucas 8:43

Crystal, how can homeowners avoid delays in their permitting process?

Crystal Roberts 8:49

I would say we have definitely improved the speed of our processes, and many of our permits can be processed in as little as one, two, or three workdays if you're taking advantage of our fast track program. There are certain eligible projects that can be reviewed and processed the same day, such as a shed uh or even some of our decks. Um, additions and other projects, I would say you should allow roughly two to three weeks. Okay. But that is contingent upon being prepared. When you are ready to apply, you want to submit all of the required documentation at once and not piecemeal, and certainly ask questions in advance so that you can have the required site plans and construction drawings ready to submit.

Gail Lucas 9:35

That's one of the biggest um ways that time gets wasted or time sucks, is not having all of the documentation, not having a fully prepared application packet.

Crystal Roberts 9:47

Tell us what the application packet should include. Definitely, you're going to need a site plan for any work that proposes uh additions or uh changes to the footprint of your property. And you are going to need a full set of construction drawings, which are going to be architectural and structural components of your proposed project. Um, we can help you with some of that information. We have an information request process. If we have your site plan on file, we're happy to help provide you with that. Um, and we also offer a set of um uh deck details. So for some projects like decks and retaining walls, we have a package of construction drawings that are ready to go if you're going to comply with certain standards and that can help move your project along very quickly.

Gail Lucas 10:34

Do we also have swimming pool details or do we do something where swimming pool, I they built that swimming pool, I like my neighbor's swimming pool, I want that same swimming pool.

Crystal Roberts 10:45

We do have some swimming pool contractors who have are taking advantage of the refer plat for refer back program. So if they're constructing the same height, you know, size shape pool that they constructed previously under the same building code requirements on a different property, they can use those same drawings to quickly move the process forward for a new pool at a new location.

Gail Lucas 11:05

All right. Thank you very much, Crystal Roberts.

Crystal Roberts 11:08

You are welcome. Thank you again for having me. This was fun.

Gail Lucas 11:13

Remember, DPS is here to help you, our customer, succeed. It's important to know when permits are required. It's important to know when you can do work without a permit. If you have any questions about the permitting process, you can reach out to us by calling 240-777-0311, our 311 call center. If you're in Montgomery County, you can dial 311 to talk with one of our customer service representatives who can put you in touch with DPS. You can also come into our office. We're here Monday through Friday, 7 30 a.m. to 4 o'clock PM at 2425 Reedy Drive. We're always here to help you. There is someone that can help you in person as well as electronically or on the phone if you need that kind of help. Please check out the Montgomery County Department of Permitting Services website at Montgomery CountyMD.gov forward slash DPS to find information and resources to help you with your next project. Remember that DPS is your project partner.

Announcer 12:32

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