Private Roads and Shared Driveways in Maryland: Where to Start
The documents to check before a shared lane is repaired, the state rules for entrances, and what industry sources say about the surface.
Start with the paperwork: the deed, any recorded easement or road maintenance agreement, and HOA covenants usually say who maintains a shared road. Where the road meets a state highway, the Maryland State Highway Administration requires an entrance permit, and its residential rules cover entrances serving up to five homes.
Check the documents first
Before anyone schedules work on a shared lane, find out who is responsible for it. Check the deed, any recorded easement or road maintenance agreement, and HOA covenants where there is an association. If the documents are silent or neighbors disagree, a Maryland real estate attorney can read them.
Where the lane meets a state road
The Maryland State Highway Administration says everyone accessing a state highway from a residential property must obtain a residential entrance permit, that the SHA approves the entrance's location, design, drainage and paving cross section, and that permittees must notify the SHA 48 hours before starting work. It says its residential rules apply to entrances serving a maximum of five homes; more than that requires a new access permit from the local SHA district office.
Water on long lanes
The National Asphalt Pavement Association calls standing water the leading cause of driveway failure. The Colorado Asphalt Pavement Association says drainage, crown and slopes need to be addressed in a driveway's design.
Surface options
For a paved lane, the Colorado Asphalt Pavement Association gives a 2-inch bottom course and 1.5-inch surface course over 6 to 8 inches of crushed aggregate as the residential guideline, and says an existing surface can be overlaid after weak spots and holes are cut out and patched. Pavement Interactive describes chip seal, or tar and chip, as a thin wearing surface with a two to four year service life common on roads.
Getting it quoted
The Colorado Asphalt Pavement Association advises getting more than one written quote and making sure the contract spells out dates, dimensions, material types and thicknesses, drainage, permits and extra work. On a shared road, agree among the owners on who signs the contract before work is scheduled.
Keep reading
Frequently Asked Questions
Check the deed, any recorded easement or road maintenance agreement, and HOA covenants. If they are silent or unclear, a Maryland real estate attorney can review them.
The Maryland State Highway Administration says everyone accessing a state highway from a residential property must obtain a residential entrance permit, and entrances serving more than five homes need an access permit from the local SHA district office.
The Colorado Asphalt Pavement Association says weak spots, holes and large cracks can be cut out and patched with hot-mix asphalt, including before an overlay.
Sources
The figures on this page come from these sources, read on 2026-09-25. None of them is South State Paving's own claim.
- Maryland Department of Transportation State Highway Administration, Guidelines for Residential Entrances to State Highways
- National Asphalt Pavement Association, Hiring an Asphalt Contractor for Driveways
- Colorado Asphalt Pavement Association (published by the Asphalt Institute), Best Practices for the Use of Asphalt Driveways, technical brief
- Pavement Interactive, Bituminous Surface Treatments (chip seals)