Permitting Process - City of Annapolis FAQ

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• What do you think is the single most important thing owners can do to make the process of implementing and completing his or her proposed project the least stressful and time consuming?

  Call or visit City Hall and the Department of Neighborhood and Environmental Programs. Ask lots of questions and get the facts.

• When are permits required in the City of Annapolis?

  Permits are required when the value of the work to be done is $500.00 or more.

• Why should someone get a permit?

  A permit is necessary for the health, safety and welfare of occupants, adjacent occupants as well the workers at the construction site. It ensures that construction work performed complies with all applicable City and State Code regulations and that the construction is safe and structurally sound.

• Do drawings need to be submitted for proposed construction?

  Yes. All residential permit applications should be accompanied by five sets of drawings and all commercial permit applications should be accompanied by six sets of drawings. Drawings must show completely the extent of the proposed work, and site plans that show the “setbacks” to the property line.

• Does all work require a permit?

  Yes, with some exceptions such as painting, carpeting, minor cosmetic work, patching, and non-structural like-kind windows, doors, siding and down spouts. All properties located in the Historic District will require either administrative approval from the Historic District Planner or the Historic Preservation Commission. You can contact the Department of Neighborhood and Environmental Programs (DNEP) for permit questions. You need to contact Planning and Zoning if the property is located within the Historic District.

• How can applications for the permits and licenses be obtained?

  Certain permit and license applications can be printed from DNEP’s section of the City’s Website. These include fence permits, sign permits, plumbing contractor license, rental unit operation license, utility contractor license, electrical contractor’s license, and bed & breakfast operating license. The permit applications can be obtained in Room 202, Annapolis City Hall or can be mailed or faxed upon request.

• How is the building permit fee assessed?

  Fees are based on the value of the total construction, including materials and labor for the proposed job. The fee schedule is available on the city’s Website.

• When are the various fees paid?

  A non-transferable application fee is due upon permit submittal. Remaining fees (if any) are paid at time of permit issuance, in full. Fees are not refundable.

• How long does it take to process a building, plumbing, mechanical or electrical permit?

  Generally, it takes approximately two to three weeks to process a building permit. Simple building permits may be issued sooner.  Commercial permits and more complicated structures may take longer since a more detailed review may be required. In many cases roofing, plumbing, mechanical, and electrical permits are issued at the time of application.

• How long does it take to process a grading permit?

  A grading permit review usually takes three to four weeks. However, the review for larger projects may take longer. All grading permits must also be reviewed and approved by the Anne Arundel County Soil Conservation District (ASCSCD). The AACSCD charges a flat fee of $150.00, which is in addition to the grading permit fees charged by the City of Annapolis.

• Are there special building permits for commercial spaces?

  No. However, commercial space building permits do additionally require a set of stamped plans/drawings by a registered architect or registered engineer, licensed by the State of Maryland.

• How will I know when my permit is ready for pick up?

  Someone from the permit office will call and notify the applicant that the permit is ready for pick up once the permit has been reviewed and processed by all necessary departments. The applicant will also be notified at this time about any remaining fees that are required to be paid before the permit is issued.

• When can work be started?

  Construction can commence immediately after the permit is issued. However, the building permit card must be displayed properly on the property.

• Does a building permit have an expiration date?

  A building permit is void if it is not issued within thirty days from the date of the notification to the applicant. Construction work must begin within 45 days of the permit issuance.Work must be completed two years from the date of permit issuance. If the project is abandoned for six months after starting work, the permit becomes void.

• Are inspections required?

  Yes. Upon permit issuance, you will be notified of required inspections and who you need to contact as the project progresses.

• What types of inspections are required?

  Footing (before concrete is poured), foundation wall, backfill, slab on-grades (before concrete is poured), framing inspection, insulation inspection (prior to close-in), and a final inspection are required. Other inspections required: rough electrical, final electrical, rough plumbing, final plumbing, rough mechanical, final mechanical, landscaping and trees, storm water management, storage tanks, and grading inspections.

• If I plan to do interior or exterior demolition, is a permit required and if so, what plans do I need to submit?

  A person must have a demolition permit for either interior or exterior demolition. For interior demolitions, especially if the structure will be changed, a floor plan is required with the application showing where everything is located and where the work is being performed. For exterior or entire structure demolitions, a site plan is required showing what is to be demolished and where it is located. Five copies of plans are required with residential demolition applications and six copies are required with commercial demolition applications. In the Historic District, all Demolition Permits are reviewed and must be approved by the Historic Preservation Commission. Exterior demolition may require approval from the Planning and Zoning Department if it is located in any of the City’s Conservation or Revitalization Districts.

• Is anything else needed for a demolition permit?

  If the whole structure is being demolished, notification from BGE confirming the power to the structure has been cut off is required prior to the issuance of the demolition permit. Also, a plumber must obtain a permit to cap water and sewer lines.

• Can a Building Permit be issued before doing demolition work?

  No. A Building Permit will only be issued after a Demolition Permit is issued.

• Is a permit required for piers, pilings, floating docks, dredging, or boat lifts?

  Any work performed below the mean high tide line requires a building permit. If dredging or filling, then a grading permit is required. Electric and water lines require electrical and plumbing permits. A public hearing before the Board of Port Wardens, a five member board approved by the Mayor and City Council which meets on the fourth Tuesday of each month, is required for all marine projects. Project applications must be received by DNEP at least six weeks prior to the public hearing. The land below mean high tides is also subject to state and federal regulations, and their approvals are also required. The whole process of acquiring all the necessary permits can take up to three months.

• Do tree removals require a permit?

  Any trees that are to be removed as part of a project or are within fifteen feet of the project boundary must be shown on the site plan accompanying the permit application. The City Code requires that any tree removed must be replaced at a certain ratio and each replacement tree must meet a minimum size standard. If a tree is to be removed and there is no building or grading permit required, then a tree permit may be required if the tree is within the front, side, or rear setback adjacent to a public right of way, or is within 100 feet of the water (mean high tide). In addition, all tree removals within the historic district are subject to approval by the Historic Preservation Commission.

• How about landscaping?

  Generally, no permit is required. However, any land cleared that exceeds 5,000 square feet, and other severe/unique site issues and within the critical areas buffer, require a grading permit. This includes foundation excavation, clearing prior to construction, grading for positive drainage, etc. Any new single family home construction, regardless of the area cleared, requires a grading permit.

• What is a sheeting/shoring permit and when is one required?

  It is a permit for constructing retaining structures to keep dirt or neighboring properties from falling into an excavation. Any excavation directly adjacent to a public right-of-way (ROW), or private property may require sheeting and shoring. This type of excavation will require a permit.

• What is a ‘stop work’ order?

  A ‘stop work’ order is issued by a Code Official for any unapproved construction, or work not in compliance with the permit regulations in the City. Failure to observe a ‘stop work’ order after it is posted by ignoring, defacing, or removing it will result in a municipal infraction and is subject to a fine of $500.00 for each repeat or continuing violation per Annapolis City Code Section 17.12.010. Only the Code Official who issued the ‘stop work’ order can remove it. All fines must be paid in full before the order is lifted and any work can continue.

• What is a Use and Occupancy Permit?

  If you want to use or occupy vacant land, change the use or ownership of an existing building (including space within the building), or enlarge a use that affects its parking requirements you will need to obtain a use and occupancy permit. In addition to zoning approval, compliance with building, fire, health, plumbing, mechanical (and others determined to be applicable) requirements are necessary. An inspection will be scheduled to determine if the building meets all applicable Code requirements. Once the use and occupancy permit and other building permits have been issued, you may begin operation.

• Why should I obtain a Use and Occupancy Permit?

  Applying for a use and occupancy permit at the same time as any relevant building permits, insures that the use meets all Code requirements. This will protect your investment and reduce your liability. For example, if you occupy a business without a use and occupancy permit, and later discover it needs significant amounts of work to bring it up to Code, you will be fully responsible. If you obtain a use and occupancy permit you will be aware of the Code violations before you occupy the building. Also, the City uses them to produce reports which track new businesses.

• If someone is interested in building a new house on a vacant lot recently purchased, which city agencies would be involved in the review process of this permit application?

  If the property is in a neighborhood conservation district, site design review may be required by the Department of Planning and Zoning. The application will be reviewed by the Department of Public Works, the Department of Planning and Zoning, the DNEP Stormwater Management Engineer, Tree Environmentalist, and Plans Reviewer, with a final review by DNEP. If the structure is more than two stories, sprinkling will be required and the Fire Marshal will be involved in the review process. If the property is in a neighborhood conservation district, site design review may be required by the Department of Planning and Zoning.

• Can you provide an example of what some of the issues might be with DNEP if an owner wishes to rehabilitate?

  The age, condition, location, and proposed use of the structure will determine whether the following is required: (a) structural evaluation of floors, walls, roofs, foundations, etc; (b) investigation of water infiltration; (c) termite inspection; (d) toilet rooms (size, amount, and accessibility for the disabled); (e) building accessibility for the disabled; (f) two means of egress for all levels; (g) sprinkling; (h) smoke detectors; (i) fire alarm system; (j) one-hour tenant separation walls, ceilings, floors, etc.; (k) emergency and exit lights; (l) fire doors; (m) distances of path of travel to an exit; (n) grease interceptor; (o) hood and duct system for cooking equipment; (p) upgrade of water meters; (q) electrical upgrading; (r) investigation of fuel fired furnaces, etc.

• I live in Eastport and want to add a family room and a second floor bedroom to my newly purchased dwelling. What should I do?

  Contact the Department of Planning and Zoning to determine if the addition is permitted, and if the property line setback and height requirements meet Code requirements. Also the property may require site design review since much of Eastport lies within the R2-NC (Neighborhood Conservation District). Also, contact DNEP on the submittal requirements concerning drawings, applications, and fees.

• I would like to add a deck to the rear of my house and would like to have my brother-in-law help but he will only be available for one week. How fast can we get an inspection on this project?

  If the owner calls between the hours of 7:30 AM and 4:00 PM, Monday through Friday, an inspection can generally be scheduled for the following workday.

• I have my eye on a commercial building for a possible coffee shop but am apprehensive about signing a tenant lease. What should I do?

  Contact Planning and Zoning to determine if a coffee shop is permitted at this location and to see if there are any other zoning requirements. Iron out all details with the landlord as to who will be responsible for furnaces, termites, roof leaks, toilets, etc. You should then schedule a Pre Application Conference Committee (PACC) meeting by contacting the Office of Economic Development. When you attend the PACC meeting various departments will be present to discuss your project requirements. In addition, you are required to contact the Health Department concerning food related equipment and their requirements. Please note: in most cases a coffee shop will require Industrial pre-treatment (Grease Trap) as determined by the pre-treatment Inspector.

• There are five steps up to a front door of a restaurant. Is accessibility for the disabled required?

  If remodeling work is proposed, accessibility may be required. Each project is reviewed on a case-by-case basis to determine if federal ADA requirements are applicable.

• An owner of a new gift shop will not allow the public to use the toilet. Is the toilet still required to be accessible to the disabled?

  Yes. Employees could also be disabled and federal law requires ADA accessibility for employees as well.

• Is an Architect or Engineer services required on drawing submittals?

  Yes, on all commercial projects, public use buildings, multi-family residential buildings, and complicated structures. Submitted drawings for commercial projects must be stamped by a Maryland registered/licensed architect or engineer.

• Can an architect or engineer licensed in Virginia design and certify drawings for a project in Maryland?

  Architects and/or engineers must hold a current State of Maryland license.

• Does a contractor have to be licensed?

  Yes. All new residential dwellings and all commercial work requires a Maryland State Construction license or a current State of Maryland Home Improvement license. Contractors offering new homes for sale must also have a Maryland Home Builders registration. All residential remodels, additions, etc., require a State of Maryland Home Improvement license. Contact the Home Improvement Commission (HIC) by phone or online at www.dllr.state.md.us to verify if a contractor is properly licensed and if the particular project requires a licensed HIC contractor.

• Do utility contractors have to be licensed?

  Yes, they must be both State and City licensed. Electrical and Plumbing licenses are renewed every other year.

• Can an upper floor over a garage be remodeled to be used as a sewing room?

  In most cases a sewing room would be acceptable. There are different requirements depending on whether or not the garage is attached to the principal structure. Fire rated separation between the garage and occupied space is required. Contact Planning and Zoning at (410) 263-7961 for more details.

• Can an owner add on to their house for their elderly mother-in-law?

  Yes, in most cases, but contact Planning and Zoning at (410) 263-7961 first. The in-law addition may have a sitting room, bath, bedroom, separate entrance, but NO KITCHEN FACILITIES. A separate entrance is allowed as long as there is an entrance from within the principal structure as well.

• When is a grease interceptor required?

  When the proposed establishment will have any FOOD PREPARATION ON-SITE – even if there is no frying. Coffee shops and ice cream stores are also required to have grease interceptors. The minimum size required is 500 gallons. Each is reviewed on a case-by-case basis.

• Are there any special requirements for building near the water?

  Yes. If the property is located in a critical area, contact the Planning and Zoning Office. There is also a flood plain requirement in which the lowest floor of all new work shall not be less than an elevation 8 feet. Construction materials must be flood resistant. New basements are prohibited in the floodplain.

• When are surety bonds or letters of credits required?

  Surety bonds or letters of credit may be required if: (a) a project has a grading permit; (b) work is being performed in the City right-of-way; and/or (c) for performing landscaping. Once the work is completed and approved, the bonds may be reduced or released.

• If an existing restaurant has been purchased by new owners and they plan to remodel, what are the requirements if the toilets are located up on the second floor?

  Each building is reviewed on a case-by-case basis but most likely a unisex toilet room will be required to meet ADA requirements on the entrance floor. Minimum size will include a 5’x5’ inside clear turning area with a 3’ door, with a minimum 18” clearance at the knob side to approach the door.

• A realtor’s client has a building permit that is not quite ready, but they need to settle up now in order to save the interest rate. Can you help?

  Yes, if applicable, DNEP will write a letter to the bank confirming that the permit is being processed and should be ready for issuance shortly.

• Does a carry-out deli with no seats require a toilet room for the disabled?

  Yes. Employees may be disabled. The toilet room does not have to be accessible to the public.

• Are toilets required for restaurants with seats?

  Yes, all restaurants require bathrooms; a minimum of one room for men and a minimum of one room for women, accessible and usable by the disabled. In some cases unisex bathrooms are permitted to meet Code requirements.

• Are exceptions made for existing conditions?

  Every project is reviewed on a case-by-case basis according to the City Code.

• What is the wetland permitting/review process?

  See this flow chart that explains the process for wetland review. 

• Is there a fee to submit revised drawings?

  Yes. See the fee schedule for Revised Plans fees.  Revised plan fees will be collected upon submittal, as per City Code section  17.12.052.