Discharge of Water Onto Adjoining PropertyFind more information from the following link(s):
There are no specific Codes regarding nuisance drainage or discharge of water specifically. In virtually all cases where there is no ongoing construction, this is a civil matter AND Montgomery County DOES NOT have the authority to take enforcement action. In extremely rare cases, enforcement action may be taken if the following criteria are met. If the water discharge creates a condition that would or could result in "SUBSTANTIAL DAMAGE" to another property. "SUBSTANTIAL DAMAGE" means damage sustained by a structure or property if the cost of restoring the structure or property to its previous condition is at least 50% of the market value of the structure or property before the damage occurred.
If the water runoff is occurring as a result of construction, refer to topic: "File Complaint with Department of Permitting Services (DPS)" To file a complaint that meets the above referenced criteria not related to construction or re-grading, the DHCA Housing Code Enforcement unit handles enforcement of this issue but does not have jurisdiction inside the municipalities of Gaithersburg and Rockville. Complaints regarding rental properties within the City of Takoma Park are also handled by DHCA but complaints regarding commercial or owner occupied properties are handled by the City of Takoma Park. Water runoff complaints must be made in writing and sent to DHCA Housing Code Enforcement at 100 Maryland Ave., Room 260 Rockville, MD 20850 and include the address of the property causing the water problem, length of time problem has been occurring and any other pertinent details relating to the estimated costs of restoring the structure damage.
Chapter 26 - Housing and Building Maintenance Standards