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Proposed Bill Would Add Transportation Mitigation Obligations to Montgomery County Development Projects

Real Estate Legislative Alert

A new bill under consideration in Montgomery County would impose significant transportation development management (TDM) requirements on new and existing development projects.

The changes proposed in Bill 36-18 include:

  • Developers and the Department of Transportation would have to reach agreement on Traffic Mitigation Agreements (TMAgs) prior to projects going to the Planning Board. Under the current process, the Planning Board is available to resolve disputed terms and requirements and the completion of the process does not have to occur prior to project approval.
  • Transportation Demand Management Plans (TDMs) could be required throughout the County for projects of a certain size – not just those located within an existing transportation management district, as is presently the case.
  • Existing developments may be subject to transportation mitigation requirements or a TMAg requirement.
  • TMAgs would include specific enforcement mechanisms.
  • An annual TDM fee could be applied in any area designated as a Transportation Management District.

A public hearing is set for 1:30 PM on Tuesday, December 4 in the third floor Hearing Room, 100 Maryland Avenue in Rockville. If you are interested in testifying or learning more about the bill, please contact a Lerch Early land use attorney. You may also sign up to testify on Montgomery County's public hearings page.

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