In January 2026, the Montgomery County Council repealed the county’s Transportation Demand Management requirements (Article II of Chapter 42A of the County Code). As a result, many property owners are receiving letters from the Montgomery County Department of Transportation (MCDOT) informing them that their existing Traffic Mitigation Agreements or Transportation Demand Management Plans may be eligible for termination.

MCDOT and the Planning Department have created a process for property owners to request termination of existing agreements. Eligibility may depend on why the agreement was originally required, including whether it was necessary to meet Adequate Public Facilities requirements.

Property owners who receive an MCDOT letter should review not only the agreement itself, but also the underlying regulatory basis for the agreement. If an agreement that is terminated was required as a condition of the approval, the approval may need to be modified to remove the now-obsolete condition. Once terminated, the agreement should be formally released in the Land Records.

For more information, contact Bill at 301-841-3829 or by email at wkominers@lerchearly.com.