Bill 7-26 - Buildings - Scope and Applicability - Agricultural Purposes Exemptions Amendments - Memorandum

Sep 16, 2026

Upload by Finn

Bill 7-26 proposes amendments to Montgomery County’s buildings code to clarify how the “agricultural purposes” exemption applies to building permitting requirements. The measure defines “Agricultural purpose” to include business, administration, management of agriculture, and processing an agricultural product for market, aligned with other county code chapters. The bill also limits the exemption by requiring permits for buildings where the public consumes food or beverage, and it removes a redundant exception that may confuse the public.

LanguageEnglish

CategoryLetters

FormatPDF

Pages6

Reading Time2 min

AccessFree to download

Memorandum

Purpose and introduction

Background in the County Code

Bill specifics and changes

Legislative act structure

Montgomery County Council Committee: ECON Committee Review: At a future date Staff: Jim Ogorzalek, Legislative Attorney Purpose: To introduce agenda item – no vote expected AGENDA ITEM \#1A February 10, 2026 Introduction SUBJECT Bill 7-26, Buildings – Scope and Applicability – Exemptions – Buildings or Structures used exclusively for Agricultural Purposes – Amendments Lead Sponsors: Council President Fani-González, Council Vice President Balcombe, and Councilmember Luedtke EXPECTED ATTENDEES None COUNCIL DECISION POINTS & COMMITTEE RECOMMENDATION N/A DESCRIPTION/ISSUE Bill 7-26 would: (1) clarify the agricultural purposes exemption to building permitting requirements; and (2) generally amend the law regarding buildings. SUMMARY OF KEY DISCUSSION POINTS N/A This report contains: Staff Report Pages 1–2 Bill 7-26 © 1 Alternative format requests for people with disabilities. If you need assistance accessing this report you may submit alternative format requests to the ADA Compliance Manager. The ADA Compliance Manager can also be reached at 240-777-6197 (TTY 240-777-6196) or at[adacompliance@montgomerycountymd.gov](adacompliance@montgomerycountymd.gov) AGENDA ITEM \#1A February 10, 2026 Introduction MEMORANDUM February 5, 2026 TO: County Council FROM: Jim Ogorzalek, Legislative Attorney SUBJECT: Bill 7-26, Buildings – Scope and Applicability – Exemptions – Buildings or Structures used exclusively for Agricultural Purposes – Amendments PURPOSE: Introduction – no Council votes required Bill 7-26, Buildings – Scope and applicability – Exemptions – Buildings or Structures used exclusively for agricultural purposes – Amendments, is scheduled for introduction on February 10, 2026. Its Lead Sponsors are Council President Fani-González, Council Vice President Balcombe, and Councilmember Luedtke. A public hearing is tentatively scheduled for March 10, 2026, at 9:30 a.m. Bill 7-26 would: (1) clarify the agricultural purposes exemption to building permitting requirements; and (2) generally amend the law regarding buildings. Background As presently in the County Code, Chapter 8 (Buildings) “applies to the construction, raising, lowering, moving, demolition or occupancy of all buildings and structures and their appurtenant construction” and must be constructed under a permit satisfying the Chapter, unless expressly exempted. M.C.C. § 8-1(c)–(d) . One of the exemptions set forth in County Code is “a building or structure used exclusively for agricultural purposes on land used exclusively for agriculture.” M.C.C. § 8-1(d)(2) . The term “agricultural purposes” is not defined in Chapter 8 (nor is the word agriculture or agricultural) . In its capacity administrating Chapter 8, the Department of Permitting Services has interpreted the exemption narrowly. As presently administered, the exemption does not apply to structures where agricultural business operations are performed or where agricultural products are processed for market. Bill Specifics Bill 7-26 would define “Agricultural purpose” in Chapter 8 to clarify that it includes “the business, administration, or management of agriculture and the processing of an agricultural product to prepare the product for market,” aligned with definitions of agriculture set forth in Chapters 2B and 59 of the County Code. The bill further clarifies that the exemption does not extend to buildings or structures “in which customers or other members of the public consume food or beverage.” Thus, a permit under Chapter 8 would be required for any building or structure where those activities occur. Lastly, the bill deletes an exception to the exemption that functionally reiterates the exemption, which carries no legal effect but has the potential to confuse the public. This packet contains: Circle \# Bill 7-26 1 Bill No. 7-26 Concerning: Buildings – Scope and applicability – Exemptions – Buildings or Structures used exclusiv

FAQs

What is the purpose of Bill 7-26?

Bill 7-26 is introduced to clarify the agricultural purposes exemption related to building permitting requirements and to generally amend the law regarding buildings. No Council votes are required for the introduction step described in the memorandum.

How does Bill 7-26 change the definition of “Agricultural purpose”?

The bill defines “Agricultural purpose” in Chapter 8 to include business, administration, or management of agriculture and processing an agricultural product for market, consistent with definitions in other county code chapters.

When would a permit be required despite the agricultural exemption?

A permit would be required for buildings or structures where customers or other members of the public consume food or beverage. The exemption is clarified not to extend to those situations.

Sep 16, 2026

Upload by Finn