What rules apply when you tear down a house and build a new one in the Washington, DC area?

A teardown and rebuild is governed by local rules, and they change at every county and town line. Before you buy, check the lot's zoning limits, the demolition permit process, tree protection, stormwater and sediment control, historic status and utilities. The figures below are examples from Montgomery County, Fairfax County, Arlington County and the District of Columbia. Rules differ by zone and change, so confirm the current rule for your property with the agency linked in each section.

What should you check before you buy a tear-down lot?

Check what the zoning allows on that lot, then everything that can reduce the buildable area or add time.

• The zoning district, and whether the lot sits in an overlay zone, a historic district or an incorporated town.
• Large trees on the lot and street trees in front of it.
• How much ground the project will disturb, which sets the stormwater permit path.
• Whether the house is on public water and sewer or on a well and septic system.

What zoning limits apply to the new house?

Setbacks, height and lot coverage are set by the zoning district, so start by looking up the zone for the exact lot.

• Montgomery County. The Department of Permitting Services (DPS) guidance sheet for the R-60 zone lists a front setback of 25 feet or the established building line if greater, a 20-foot rear setback, and a height limit of 35 feet to the roof peak or 30 feet to the mean height of a pitched roof. On infill lots, lot coverage runs from 30 percent on lots under 6,000 square feet down to 20 percent on lots of 16,000 square feet or more.
• Fairfax County. In the R-3 district, a conventional single-family lot has minimum setbacks of 30 feet in front, 12 feet at the sides and 25 feet at the rear, and a maximum building height of 35 feet.
• Arlington County. Lot coverage counts driveways as well as buildings. The County's worksheet for R-6 lots lists base limits of 40 percent lot coverage and 30 percent main building footprint, with the footprint capped at 2,520 square feet. The worksheet was last revised in 2014, so confirm against the current Zoning Ordinance.
• District of Columbia. In the R-1, R-2 and R-3 zones, Subtitle D of the zoning regulations limits buildings to 40 feet and three stories and a detached house to 40 percent lot occupancy. R-1 zones also require a 25-foot rear yard and two 8-foot side yards. Some neighborhoods also have tree and slope protection zones.

What permits do you need to demolish the existing house?

Each jurisdiction requires its own demolition or raze permit before the house comes down, with proof that utilities are disconnected.

• Montgomery County. A demolition permit is required when a building is removed entirely or when less than 33 percent of the first-story exterior walls are left in place. There is a 10-day notification period, and DPS asks for utility disconnection letters and a pest inspection.
• Fairfax County. The residential demolition permit package includes a demolition bond form, an asbestos inspection or removal certification, and utility disconnect letters.
• Arlington County. The demolition permit requires written notice to adjoining owners at least one week before demolition starts, plus utility disconnection documents. If 2,500 square feet or more of land is disturbed, a land disturbance permit must be approved first.
• District of Columbia. The Department of Buildings raze permit requires sign-offs from utilities and other agencies, and no permit is issued before the end of a 30-day public notification period. Every raze application also goes to the Historic Preservation Office for clearance.

How do tree laws affect a teardown?

Tree laws can require you to protect, replace or pay for trees, and the District bars removal of some.

• Montgomery County. The Tree Canopy Law applies whenever a sediment control permit is required, which includes a new house. Owners must plant shade trees or pay a fee, set at $470 per tree as of April 30, 2024 and adjusted on July 1 of odd years. Street trees fall under separate county and state roadside tree laws, and work on them needs a permit from each.
• Fairfax County. The County says no general law bars removing individual trees on your own property, but tree removal or other land disturbance on more than 2,500 square feet requires a permit, and vegetation in a Resource Protection Area cannot be removed without approval.
• Arlington County. Projects that disturb more than 2,500 square feet must meet the Chesapeake Bay Preservation Ordinance, which the County describes as conserving or planting tree canopy equal to about 20 percent of the lot for most single-family projects.
• District of Columbia. Under the Urban Forest Preservation Act, a Heritage Tree has a circumference of 100 inches or more, and the District Department of Transportation (DDOT) states that healthy Heritage Trees cannot be removed. A Special Tree removal permit is issued if the tree is hazardous, is of a species listed for removal, or on payment of at least $55 per inch of circumference. A 2026 amendment set the Special Tree range at 40 to 100 inches, but DDOT's page still listed 44 inches when this guide was written, so confirm with DDOT.

What stormwater and sediment control rules apply?

Each jurisdiction sets an area of disturbed ground above which an approved plan and permit are required before work starts.

• Montgomery County requires an engineered sediment control permit to build a new home, and stormwater management is addressed in the same permit.
• Fairfax County regulates land disturbance of 2,500 square feet or more and requires a professionally certified infill lot grading plan for single-family construction above that size with stormwater improvements.
• Arlington County requires a land disturbing activity and stormwater permit when 2,500 square feet or more is disturbed.
• The District requires an erosion and sediment control plan at 50 square feet of land disturbance and a stormwater management plan at 5,000 square feet.

When does a historic review board get involved?

A review board gets involved when the property is a designated landmark or lies in a historic district, and it reviews both the demolition and the new design.

• Montgomery County's Historic Preservation Commission reviews new construction, demolition and exterior alterations through a Historic Area Work Permit.
• Fairfax County's Architectural Review Board administers the regulations of the County's Historic Overlay Districts.
• Arlington County requires a certificate of appropriateness for exterior alterations, new construction and demolition in a local historic district.
• In the District, the Historic Preservation Review Board reviews new buildings and the demolition of landmarks and contributing buildings at a public meeting. In Georgetown, the Old Georgetown Board advises the U.S. Commission of Fine Arts, whose final action is required before a building permit is issued.

Do towns such as Chevy Chase Village add their own rules?

Yes. Incorporated municipalities in Montgomery County can require their own permits in addition to the County's, and both towns below issue theirs only after the County's.

• Chevy Chase Village. The Village's 2022 permitting guide makes a Pre-Design Review Meeting application the first step and regulates removal of trees with trunks of at least 24 inches in circumference.
• Town of Chevy Chase. The Town's building and permitting page lists a pre-application step for demolition of a main building, a tree protection plan, and a water drainage plan when a project adds 700 square feet or more of impervious surface.

What about utilities, wells and septic systems?

Utility services must be formally disconnected before demolition, and a lot on a well or septic system adds review. Montgomery County requires wells to be capped and a well completion report filed. In Fairfax County the Health Department may review demolition packages for properties on well or septic. In the District, the raze permit requires a DC Water sign-off and payment of any outstanding water bills.

Do these rules change?

Yes. Zoning text, fees and thresholds are amended regularly, so confirm the current rule with the agency linked in each section before you buy or design. This guide is general information, not legal advice.