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Montgomery County BEPS

Montgomery County BEPS, county-run and county-enforced.

MoCo has its own building energy performance program with its own enforcement. It does not stack with the Maryland state program, and it does not work the way DC BEPS works.

No obligation. We will tell you if you do not need us.
The county program
Administered by Montgomery County DEP County program, county enforcement, county filing.
State program Exempt Since HB49, October 1, 2025, county buildings are out of the state program.
Enforcement Count-based ladder Citation, Order of Abatement, then escalating citations. Not a daily accrual.
At sale Seller disclosure County code requires energy disclosure at sale, which is the practical transactional pressure point.

Dates and thresholds change. We confirm the current requirement for your specific building before anyone acts on it.

How the county program differs from the ones next door.

Do not port DC assumptions across the district line. Montgomery County does not run the fine-plus-payment model DC uses, it has one penalty scheme rather than two, and it enforces through the county code. An Order of Abatement is a mandatory injunction to cure, not a bill.

The county also has real transactional teeth in a place people do not expect. Energy disclosure at sale means a compliance gap becomes a diligence item in a transaction, which tends to concentrate minds faster than any notice.

What the program shares with its neighbors is the underlying arithmetic. Everything is per square foot, everything runs off benchmarking data, and the buildings that documented their work are the ones with options later.

Three MoCo cautions
No daily penalty figure
Each day may be separately citable, but assessment is discretionary and escalation is count-based. Anyone quoting you a per-day total is guessing.
Orders are different
An Order of Abatement requires you to cure. That changes the sequence, and it changes urgency.
Disclosure at sale
Section 40-10B is where a quiet compliance gap becomes a live deal issue.
The services behind this page

How we run a MoCo engagement

Cure first, then negotiate. That order is not optional.

1
Read the actual documents
Notice, citation, or order. Which one you hold determines everything about the response.
2
Confirm the filing position
County program, phase, and what has genuinely been submitted versus what was submitted to the state.
3
Cure the compliance gap
Benchmarking, verification, and GFA as required, filed with the county.
4
Then engage on the enforcement
Regulators generally will not discuss settlement while a building is still out of compliance.
5
Coordinate the improvement work
Green Bank programs and incentives brought in where they fit the capital plan.
Enforcement, accurately

One penalty scheme, discretionary assessment, escalating by count.

The county code provides for citations, an Order of Abatement, and higher subsequent citations, with contempt available beyond that. Assessment is discretionary, so the honest answer to how much this will cost is that it depends on how quickly the building cures and what the county decides.

Two dormant state bills would raise the ceilings substantially if they were ever activated, and neither has been. We flag them because you should know they exist, not because they should drive your decision today.

Received a letter?

What a county DEP document usually means.

Which document you are holding decides everything, so read the heading first.

Send us the letter
Citation
A first enforcement step under the county code. It is curable, and curing it is the whole job.
Order of Abatement or court order
A mandatory instruction to cure, not a bill. Buildings now arrive at us holding these, and the sequence is fixed: cure the filing first, then engage on the enforcement.

Send us the letter itself, not a summary. We read it for the six things that decide the response: who sent it, which building and identifier it names, what period it covers, what it says you failed to do, the cure date, and whether it is a first notice or an escalation. We never quote a running penalty total, and we cure first, then talk to the regulator.

Why boards use us in MoCo

County enforcement is document-driven, and the response depends on reading the document correctly.

Actually local
We are based in the DMV and sit in the stakeholder meetings where these rules get written, not on a national help desk.
Built for boards
Most of our clients are condo and co-op boards and the managers who serve them. We present in plain English, on your meeting schedule.
One accountable partner
We are not engineers and we do not pretend to be. We manage the process, coordinate the right vendors, and own the outcome.
Credentialed
Certified Energy Manager on staff, Portfolio Manager specialists, and the credentials the verification work requires.
Owners and managers we work with
FirstService Residential Legum & Norman EJF Real Estate Services Comsource Management Barkan Management Howard University Regency Centers Montgomery County Green Bank

Montgomery County BEPS questions

No, and we would rather correct that than repeat it. Each day can be separately citable, but assessment is discretionary and the actual escalation is count-based: a citation, an Order of Abatement, then higher subsequent citations. A daily running total is not how this works.

There is no permit, use and occupancy, licensing or lien nexus we can point to, so we do not make that claim. The real transactional hook is the energy disclosure required at sale under the county code.

No. There is no county BEPS guidebook. The DEP enforcement page is the only page with substantive penalty content, which is exactly why so much bad information circulates.

The county. Since HB49, county buildings are exempt from the state program. If you appear on both, the record needs cleaning up so future notices go to the right place.

Keep reading

The pages that usually matter next for a Montgomery County building.

County filing Benchmarking in Montgomery County The annual filing, what is reported, and how we keep the record clean. County cycle Verification in Montgomery County Third-party data verification and the square footage work that moves every number. Everything we do here Full services in Montgomery County Everything Honeydew manages here, compliance and energy services together.
What is BEPS? All Honeydew services Every region we serve Latest rule changes on the blog

Holding a county notice? Send us the document.

We will tell you where in the ladder you are and what curing it actually takes.

202-670-9625 Send us the address
Start with the building

Tell us what is on your plate. We will help you sort it out.

A notice, a deadline, a portfolio, or simply a question. You do not need to have it organized before you call.

202-670-9625
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