Maryland building owners are now dealing with a new compliance reality: building performance laws are no longer limited to one city or one agency.
For some owners, the confusion starts with a simple question:
Do I need to comply with Maryland BEPS, Montgomery County BEPS, or both?
The answer depends on where the building is located, how large it is, and which law covers it.
Maryland’s statewide Building Energy Performance Standards generally apply to large commercial and multifamily buildings 35,000 square feet and larger. The Maryland Energy Administration states that Maryland BEPS was created under the Climate Solutions Now Act of 2022 and is designed to reduce onsite energy use and greenhouse gas emissions over time, with a goal of net-zero emissions by 2040.
Montgomery County has its own benchmarking and building performance requirements. Montgomery County states that public and privately owned buildings 25,000 gross square feet and larger are covered by its Building Energy Use Benchmarking and Performance Standards law and regulations.
That difference alone can create major confusion.
A building may be too small for Maryland BEPS but still covered by Montgomery County. Another building may be covered by Maryland BEPS but located outside Montgomery County. A property portfolio may include both types.
The first thing owners should understand is that Maryland BEPS and Montgomery County BEPS are related in purpose, but they are not identical.
Both programs are designed to improve building energy performance and reduce emissions over time. Both involve benchmarking. Both use building data to create accountability. But they are administered differently and may have different covered building lists, timelines, procedures, and compliance pathways.
Maryland BEPS is administered through the Maryland Department of the Environment. The MDE BEPS Portal allows building owners to search for covered buildings, find the Unique Building ID, view the building dashboard, submit forms, and access building status information.
Montgomery County BEPS is administered through Montgomery County’s Department of Environmental Protection. The County explains that its BEPS builds on the existing County benchmarking law and that owners of covered buildings continue submitting energy data by June 1 each year through ENERGY STAR Portfolio Manager.
The goals may look similar. The compliance management is not always the same.
One of the biggest practical differences is square footage.
Maryland BEPS generally covers buildings 35,000 square feet and larger, excluding parking garage area. Montgomery County’s program covers public and privately owned buildings 25,000 gross square feet and larger.
That means a 30,000-square-foot building in Montgomery County may still need attention even if it does not meet the statewide 35,000-square-foot threshold.
For portfolio owners, this is important. Do not assume that one covered building list answers every question. The correct review should check both state and local coverage.
Montgomery County’s BEPS page states that buildings in Montgomery County are exempt from the State’s benchmarking and BEPS requirements.
Montgomery County also notes that MDE issued a compliance advisory saying buildings in Montgomery County that are in compliance with Montgomery County DEP BEPS, including submitted benchmarking reports to DEP, will be treated as in compliance with Maryland BEPS for 2025 and have their BEPS Portal status updated to reflect that.
For owners, this is useful but still requires verification.
A building owner should not assume the status is correct without checking the relevant portal or agency record. If the building appears on a list, shows the wrong status, or has conflicting records, it should be reviewed.
Most owners do not think in terms of state law, county law, covered building inventory, UBID, benchmarking report sharing, and agency dashboards.
They think in terms of the building.
That is why confusion is common.
Owners may ask:
These questions should not be ignored. A misunderstanding can lead to missed deadlines, duplicate effort, or a false sense of compliance.
Both Maryland BEPS and Montgomery County benchmarking rely heavily on ENERGY STAR Portfolio Manager as the platform for collecting and sharing building energy data.
But the reporting process may differ depending on the jurisdiction.
For Maryland BEPS, the MDE BEPS Portal instructs owners to find the building’s UBID and use that UBID for benchmarking.
For Montgomery County, owners of covered buildings continue to submit energy data by June 1 each year through ENERGY STAR Portfolio Manager as required by the County’s benchmarking law.
The platform may be the same, but the reporting relationship may not be.
That is why it is important to confirm where the building is covered, which agency is expecting the report, and whether the submitted data is connected to the correct building record.
Benchmarking is the entry point. Performance is the long-term issue.
Maryland’s program is tied to reducing onsite energy use and greenhouse gas emissions over time and reaching net-zero emissions by 2040.
Montgomery County’s covered buildings and deadlines page explains that buildings have phased groups, baseline periods, interim deadlines, and final performance standards by which buildings must meet the standard or file and begin implementing a building performance improvement plan.
In simple terms, owners need to understand not only whether they filed, but what performance path applies to the property.
A building can be reported correctly and still need a future improvement plan.
Owners and property managers should take a simple but careful approach.
Maryland BEPS and Montgomery County BEPS are connected by purpose, but they are not the same compliance program.
For owners, the risk is not only missing a deadline. The risk is misunderstanding which rule applies, which agency is expecting the report, and whether the building’s compliance record is actually clean.
If your building is in Montgomery County, you need to understand the County’s requirements and how they interact with State BEPS.
If your building is outside Montgomery County, you need to confirm coverage under Maryland BEPS, verify the UBID, and review the MDE Portal status.
Either way, the best time to clarify the building’s compliance position is before a missed filing, bad data issue, or future performance deadline creates a more expensive problem.
The Cotocon Group helps building owners and property managers make sense of overlapping building performance requirements.
We can review whether your building is covered under Maryland BEPS, Montgomery County BEPS, or both; confirm building size and portal status; review ENERGY STAR Portfolio Manager setup; verify reporting pathways; and help create a clear compliance roadmap.
The Cotocon Group can review your building’s location, size, reporting status, and next steps so ownership has a clear path forward.
Contact Our ExpertsNo. They are related building performance programs, but they are administered separately and may have different covered building thresholds, procedures, timelines, and compliance pathways.
Maryland BEPS generally applies to large commercial and multifamily buildings 35,000 square feet and larger.
Montgomery County states that public and privately owned buildings 25,000 gross square feet and larger are covered by its benchmarking and performance standards law.
Montgomery County states that buildings in Montgomery County are exempt from the State’s benchmarking and BEPS requirements, and also notes MDE guidance treating County-compliant buildings as in compliance with Maryland BEPS for 2025. Owners should still verify the specific building record.
Yes, ENERGY STAR Portfolio Manager is central to benchmarking, but owners must make sure the data is shared with the correct agency and connected to the correct building record.