Do you need a permit for a patio, walkway, or driveway in Montgomery County, MD?
It depends on the details of your project.
Patios, private walkways and driveways on the property need no permit.
The driveway apron in the public right-of-way does need a permit.
Front-yard parking is capped at 30% of the front yard (R-90, R-200) or 35% (R-60, R-40), or 320 sq ft.
A person last checked these rules on October 20, 2026. This is guidance only, so confirm with Montgomery County before you build.
Check your exact lot
Your zoning district sets the setbacks, and a flood zone can change the permit answer. Enter your address to see both.
Permits a patio, walkway, or driveway can need in Montgomery County
| Permit | When it applies |
|---|---|
| Building permit | A surface more than 30 in above grade is a deck, and decks need a permit. |
| Driveway apron (right-of-way) permit | A new or widened driveway apron in the public right-of-way needs a permit. |
| Sediment control permit | Disturbing more than 5,000 sq ft needs a sediment control permit. |
| Floodplain development permit | Paving and fill in a FEMA special flood hazard area need a floodplain permit. |
| Historic Area Work Permit (HPC) | On a Master Plan historic site or in a historic district, exterior changes need a Historic Area Work Permit from the Historic Preservation Commission before DPS issues other permits. |
Limits that apply citywide
| Front-yard parking | Surfaced parking in front of the house is limited to 30% of the front yard or 320 sq ft in R-200 and R-90, and 35% or 320 sq ft in R-60 and R-40Medium confidence |
|---|
Local details
- Call 811 at least a few days before you dig footings or post holes. Utility locating is free.
- HOA covenants and deed restrictions can be stricter than city rules. Check yours before you build.
How to apply
- DPS eServices
- Department of Permitting Services
- MCAtlas zoning map
- Phone: 311 (240-777-0311)
Common questions
- When does a patio, walkway, or driveway need a building permit in Montgomery County?
- A surface more than 30 in above grade is a deck, and decks need a permit. Patios, private walkways and driveways on the property need no permit in Montgomery County.
- Where do I apply for a patio, walkway, or driveway permit in Montgomery County?
- Apply through DPS eServices, or call 311 (240-777-0311).
Sources
- Montgomery County DPS, Permits Required list (land disturbance). Checked 2026-10-21
Land Disturbance (greater than 5,000 square feet or 100 cubic yards or more of earth movement) [likely requires a permit].
- 44 CFR 59.1, definition of development (NFIP). Checked 2026-10-19
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures...
- 44 CFR 60.3, floodplain management criteria. Checked 2026-10-19
Require permits for all proposed construction or other development in the community...
- Montgomery Planning, Historic Area Work Permits. Checked 2026-10-21
Work requiring a HAWP includes but is not limited to the following: [new construction, additions, removing porches and other exterior work on Master Plan historic sites and properties in Master Plan historic districts, reviewed by the Historic Preservation …
- Montgomery County Zoning Ordinance (Chapter 59), Articles 59-3, 59-4 and 59-6 (Zoneomics copy of the official American Legal text). Checked 2026-10-21
[6.4.3.C] Fences, walls and other visual obstructions [on corner lots in Residential zones] are limited to 3 feet above curb level for 15 feet from the intersection of the front and side street lines... [4.1.7.B.5] Residential mechanical equipment, includin…