Council votes to disapprove Transportation Demand Management regulation after weeks of committee review

The Montgomery County Council voted June 24 to disapprove Executive Regulation 8‑21, the implementing regulation for the county’s Transportation Demand Management (TDM) law.

Chair of the Transportation and Environment Committee, Council Member Glass, moved to disapprove the regulation, which the committee recommended after months of review. Council members debated two paths: extend the council’s review deadline to allow work on Bill 24‑25 (a committee-sponsored bill that would repeal the underlying code) or disapprove the regulation now to send a clearer signal to property owners.

DOT Director Conklin and staff explained that DOT has been operating under the 2019 code and that the regulation adds specificity and procedural detail (for example, what must be included in employer or residential TDM plans). Director Conklin and other staff noted the program has been administered largely without formal enforcement and that survey-response rates cited in the county inspector general’s report were low (an average 4% response for employers with 100+ employees and 27% for smaller employers in FY23), raising questions about the program’s reach and utility.

Supporters of disapproval said the draft regulations were not “prime-time” and created undue administrative burdens for apartment owners and employers; opponents worried disapproval would create operational uncertainty for DOT and for development applicants while the council considers repeal and replacement options.

Council moved, seconded, and then voted; the president counted eight members in favor and declared the motion to disapprove the regulation carried.

The committee also indicated it will pursue Bill 24‑25 to repeal (and possibly replace) elements of the code and asked the county attorney and DOT to coordinate on communications to affected property owners about enforcement stance while the council proceeds.