On the agenda: Chesapeake Beach meeting — Data Center (Jul 7)

TOWN COUNCIL INFORMATIONAL
WORK SESSION AGENDA
July 7, 2026
Starting at 6:00 PM
I.

Call to Order and Roll Call

II.

Pledge of Allegiance

III.

Informational discussion on the following:
1. Data Center amendment on existing code.
2. ADU Adoption discussion.
3. Parking Study.
4. Public Works
• Saddle Replacement
• Tool Cat
5. FY27 Town Council Work Plan.

IV.

Adjournment

8200 BAYSIDE ROAD, P.O. BOX 400 CHESAPEAKE BEACH, MARYLAND 20732

(410) 257-2230

(301) 855-8398

Introduced ____________
Passed ______________
Effective______________
ORDINANCE O-26-14
AN ORDINANCE OF THE TOWN COUNCIL OF CHESAPEAKE BEACH
AMENDING THE TOWN CODE, CHAPTER 290, “ZONING,”, ARTICLE
III, “ZONING DISTRICTS”, SECTION 290-10, “LAND USE TABLE”, TO
PROHIBIT DATA CENTERS IN ALL ZONES
WHEREAS, Chesapeake Beach (the “Town”) is a municipal corporation of the State of
Maryland, organized and operating in accordance with Article XI-E of the Constitution of
Maryland; and
WHEREAS, pursuant to Md. Code Ann., Local Gov’t Art., § 5-213, the Town has the
authority to provide reasonable zoning regulations subject to the referendum of the voters at
regular or special elections; and
WHEREAS, the Town has implemented the foregoing powers in Section C-501(56) of the
Town Charter, and pursuant thereto enacted Chapter 290, “Zoning”, of the Town Code; and
WHEREAS, Chapter 290 has, heretofore, permitted data centers in the Maritime
Commercial (MC) zone as set forth in Section 290-10, “Land Use Table”; and
WHEREAS, the Town’s Planning Commission discussed data centers at a meeting on
March 25, and again on May 20, 2026, at which time they accepted public comment on the subject
and advised the public of its intent to recommend to the Town Council that data centers be
prohibited in all zones; and
WHEREAS, at a meeting on June 24, 2026, upon consideration of the adverse impacts to
public health, safety, and welfare that generally accompany the construction and operation of data
centers, the Planning Commission voted to recommend amendments to § 290-10 to prohibit data
centers in all zones; and
WHEREAS, the Town Council concurs with the Planning Commission’s
recommendations and finds the recommended changes to be in the best interests of the Town and
its residents; and
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE TOWN COUNCIL
OF CHESAPEAKE BEACH, that Chapter 290, “Zoning,” Article III, “Zoning Districts”, Section
290-10, “Table of uses”, of the Town Code be and hereby is amended to read as follows:
§ 290-10. Table of Uses.
Table 1 lists the different uses and zoning districts in which they are permitted. If a use is not listed
or does not fall within any of the general use categories, it is not a permitted use in any district. If
a use is specifically listed in Table 1, it takes precedence over general use listings. The letters in
Table 1 correspond to the following:

*

*

*

TABLE 1
Zoning Districts
Use

R-LD R-MD R-HD RV-1 RV-2 RPC NC
*

TC

*

PC

MC

RC

*

56. Water-dependent
seafood processing
and fishing activities

NP

NP

NP

NP

NP

NP

NP

NP

NP

SE

SE

57. Data Center

NP

NP

NP

NP

NP

NP

NP

NP

NP

P

NP

*
EXPRESSLY PROHIBITED USES
Casino gambling venues NP
NP
and establishments
DATA CENTERS
NP
NP
Smoke and vape shops NP
NP

*

*

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

*

*

Conditions or
Additional Use
Regulations

*

AS CERTIFIED by their signatures below, the members of the Town Council affirm that
this Ordinance was introduced at a meeting of the Town Council on July 16, 2026, and considered
for adoption at the regular Town Council meeting on August 20, 2026. The vote of the Council
was tallied, and ____ votes of approval and ____ votes of disapproval were cast. The resulting
majority of the Council approved the passage of this Ordinance on August 20, 2026. If signed by
the Mayor below, the Mayor approves this Ordinance pursuant to Section C-310 of the Charter on
August 20, 2026, and this Ordinance shall become effective twenty days following its signature
by the Mayor.
CHESAPEAKE BEACH, MARYLAND
________________________________
Bruce A. Wahl, Mayor

UNDERLINED BOLD SMALL CAPS
Strikethrough

:
:
-2-

signify matter added to existing law
signifies matter deleted from existing law

________________________________
Jamey Shuls, Council Vice-President
________________________________
Eric Reinhardt, Councilmember
________________________________
Jonathan Evans, Councilmember
________________________________
Laura Blackwelder, Councilmember
________________________________
Anthony Greene, Councilmember
________________________________
Daniel Duvall, Councilmember

UNDERLINED BOLD SMALL CAPS
Strikethrough

:
:
-3-

signify matter added to existing law
signifies matter deleted from existing law

MEMORANDUM
To: ​

Mayor Bruce Wahl & Town Council

From: ​ Sarah Franklin, Town Planner & Zoning Administrator
CC: ​

Dr. Samélia Okpodu, Town Manager

Date: ​ June 4, 2026
RE: ​

Accessory Dwelling Units

Enc:​

ADU Intro Document
Proposed changes to §290-11 as edited by the Town Attorney​

In 2025 the State of Maryland passed a law requiring Towns to permit ADUs on lots with
existing single-family homes. Chesapeake Beach must bring its ADU regulations into
compliance with the state law by October 1, 2026. A summary of the requirements of the law
and the changes the Planning & Zoning Commission is recommending to the Town’s current
regulations are attached to this memo.
The version of the amendments to Section 290-11 that you are reviewing contains changes
that are required by the state and changes that your Planning & Zoning Commission has
recommended. The following pages include the complete text that you would be adopting in a
table format. Where text is recommended a brief explanation of the recommendation is
provided in italics.
CAPITALIZED TEXT

additions

strikethroughs

deletions

Red Text or strikethrough

State requirements cannot be changed.

Blue Text or strikethrough

Recommendations from the Planning & Zoning Commission
that can be changed.

Regular unaltered text

Existing rules that can be changed.

Italics

Not legislation, brief explanation of why the text is included.

290-11 Conditions and standards for conditional and special exception uses.
The following conditions and specific standards apply to land uses designated C
(conditional) SE (special exception) and SC (special exception with conditions) in Table 1.
When applying for a zoning and occupancy permit, the applicable conditions shall be
satisfied during the period of the use and occupancy.
(A)​Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1, RV-2, RPC, NC
and TC Districts, subject to the requirements of the district where located except as
herein provided:
(1)​ The principal dwelling shall be a single-family detached dwelling and shall be
located on a lot of at least 7,500 square feet served by public water and sewer.
AN ACCESSORY DWELLING IS A DWELLING SECONDARY TO THE PRIMARY
DWELLING UNIT, ON THE SAME LOT, PARCEL, OR TRACT AS A PRIMARY
DETACHED DWELLING UNIT, AND NOT GREATER THAN 75% OF THE SIZE OF
AND SUBORDINATE IN USE TO THE PRIMARY DETACHED DWELLING UNIT.
THIS INCLUDES A STRUCTURE THAT IS SEPARATE FROM THE PRIMARY
DETACHED DWELLING UNIT OR ATTACHED AS AN ADDITION TO THE
PRIMARY DETACHED DWELLING UNIT.
(2)​ Accessory dwellings are limited to lots that are
owner-occupied.
(3)​ Accessory dwellings are limited to a total of 650
square feet of floor area. THE MAXIMUM SIZE OF
THE ACCESSORY DWELLING SHALL BE

Encourages ADUs for
full-time living rather than
vacation use.
Sets a standard for how to
measure size that can be
administered easily.

DETERMINED BY THE SQUARE FOOTAGE OF THE
PRIMARY STRUCTURE’S ABOVE-GRADE LIVING
AREA AS RECORDED WITH THE MARYLAND
STATE DEPARTMENT OF ASSESSMENTS AND
TAXATION (SDAT).
(4)​ All height, area and bulk requirements shall apply
to the accessory dwelling A DETACHED ADU
SHALL NOT EXCEED THE HEIGHT OF THE
PRINCIPAL STRUCTURE.
(5)​ The parking requirements of this chapter shall

Ensures that accessory
structures remain
subordinate to the principal
structure.
This will need to be updated

2

apply. Accessory dwellings will require two
off-street parking spaces in addition to those

to include a waiver provision
later this summer.

required for the principal dwelling.
(6)​ A site plan is required.

To assist homeowners, P&Z
recommends maintaining a
consolidated, accessible list
of ADU requirements in the
code.

(7)​ Accessory dwellings must be architecturally

This ensures neighborhood
compatibility.

compatible with the principal dwelling on the lot in
terms of similarity of building materials, roof type,
and roof line.

(8)​ Only one accessory apartment will be allowed on a DWELLING UNIT IS
PERMITTED ON ANY LOT WITH AN EXISTING PRIMARY DETACHED DWELLING
UNIT, PROVIDED IT MEETS ALL OTHER STANDARDS FOR ACCESSORY
STRUCTURES.
(9)​ IN ADDITION TO ANY COMMON LIVING AREA,
THE ACCESSORY DWELLING UNIT SHALL HAVE
NO MORE THAN TWO BEDROOMS, ONE
BATHROOM, AND ONE KITCHEN.
(10)​ACCESSORY DWELLINGS SHALL HAVE THEIR
OWN INGRESS AND EGRESS SEPARATE FROM

This keeps an ADU to its
function, and prevents
homes that have a larger
impact from being
constructed as ADUs.
This is a safety
recommendation.

THE PRIMARY DWELLING.
(11)​A DETACHED ADU MUST BE SETBACK EIGHT
FEET FROM THE PRINCIPAL STRUCTURE.

(12)​ALL ACCESSORY DWELLINGS MUST COMPLY
WITH THE TOWN’S WATER & SEWER MANUAL,
FLOODPLAIN ORDINANCE, BUILDING CODE,
AND ANY OTHER APPLICABLE REGULATIONS.

This is recommended to
allow space for emergency
services to access a
detached structure.
To assist homeowners, P&Z
recommends maintaining a
consolidated, accessible list
of ADU requirements in the
code.

(13)​AN ACCESSORY DWELLING UNIT IS EXEMPT FROM THE CALCULATION OF

3

DENSITY FOR THE LOT, PARCEL, OR TRACT UPON WHICH IT IS LOCATED.
(14)​ACCESSORY DWELLING CONVERSIONS OF
EXISTING STRUCTURES MUST HAVE VEHICULAR
ACCESS FROM A ROAD, NOT AN ALLEYWAY.

Where alleys are the only
access, there can be
challenges for emergency
access and increased traffic
and vehicles can further
complicate access for all
buildings on the alley.

4

ADUS | Accessory Dwelling Units

Source: Maryland Department of Planning, Accessory Dwelling Units

THE WHO

THE WHAT

Planning & Zoning Commission

Accessory Dwelling Units (ADUs) are
accessory homes constructed on the same
lot as an existing home. They are smaller
than the primary home and can be located
inside the home, above a garage, or as a
separate building on the lot.

​

THE WHEN
PUBLIC HEARING | May 20, 2026 - 6:00 pm
Comment via email:
[email protected]

​

THE WHERE
Town Hall: 8200 Bayside Road

Chesapeake Beach is adopting new zoning
regulations to encourage the development
of ADUs in the Town. ADUs can provide vital
housing for our local workforce, young
adults, and aging family members. Coastal
communities like ours must also consider
market pressures for ADUs to turn into
short-term vacation rentals, which can have
impacts on the community.

1

THE WHY
In 2025 the State of Maryland passed a law requiring Towns to permit ADUs on lots with existing
single-family homes. Chesapeake Beach must bring its ADU regulations into compliance with the
state law by October 1, 2026. According to this law1:
The town MUST
➔​ Allow ADUs on lots with single-family homes, and ensure ADUs meet health, safety, and
welfare requirements.
➔​ Adopt the State’s definitions for “Accessory Dwelling Unit”2 and “Dwelling Unit”3
The town MAY NOT
➔​ Require parking for ADUs without first conducting a parking study. A waiver process must
be established if parking requirements are in place.
➔​ Require side or rear setbacks from property lines that are greater than what is required for
any other accessory structure.
The town MAY
➔​ Restrict conversion of an existing accessory structure into an ADU when that structure can
only be accessed by an alleyway.
➔​ Establish safety standards for ADUs.

Local governments must comply with House Bill 1466 by October of 2026. State guidance on
implementation was completed in March of 2026.
1

2

“Accessory Dwelling - a dwelling secondary to the primary dwelling unit which is on the same
lot, parcel, or tract as a primary detached dwelling unit and not greater than 75% of the size of
and subordinate in use to the primary detached dwelling unit. This includes a structure that is
separate from the primary detached dwelling unit or attached as an addition to the primary
detached dwelling unit.”
3

“Dwelling Unit - means a single unit providing complete living facilities for at least one individual,
including, at a minimum, provisions for sanitation, cooking, eating, and sleeping, but shall not
include mobile homes, habitable travel trailers, or rooming, boarding-, or lodging houses, or
hotels, motels, tourist homes, or other similar places offering temporary overnight
accommodations”
2

THE HOW
The Town’s Zoning Ordinance determines what can be built in different areas of Town. The
Chesapeake Beach Planning & Zoning Commission is making changes to the Town’s Zoning
Ordinance to match state ADU laws.
The adjustments for ADUs are happening in this section: Chapter 290, Zoning, Article III, Zoning
Districts, Section 290-11, Conditions and Standards for Conditional and Special Exception Uses.
The changes that are proposed in order to meet state requirements are:
1.​ The definitions of Accessory Dwelling and Dwelling Unit are proposed to be changed to
align with the State’s required definitions.
2.​ How the size of a dwelling will be measured is proposed to be the above grade living
area, which is easily accessible from state data.4
3.​ The language limiting the construction of ADUs to lots that are 7,500 square feet or more
is proposed to be removed.
4.​ The language limiting the size of ADUs is proposed to be removed.
5.​ Limitations are proposed restricting ADU height to that of the main home on the lot.
6.​ Regulations are proposed that require an ADU to have a separate entrance/exit then the
main home.
7.​ Regulations proposing a minimum 8 foot setback between the main home and a
detached ADU are proposed to permit light and air flow, along with emergency access.
8.​ A statement referencing other regulations that must be considered in ADU development
is proposed in an effort to ensure that information is accessible in one location.
9.​ A statement noting that ADUs cannot be counted towards density unless the land is
subdivided.
10.​ A statement noting that ADU conversions (when an existing accessory building, like a
shed, is converted) must be able to be accessed by a road, not an alleyway is proposed.
| A NOTE ABOUT PARKING |
There are currently no proposed changes to the parking requirements in the law. The Town will
either need to remove parking requirements for ADUs or complete a parking study. The
regulations with regard to parking will be updated after the Town has completed a parking study.

4

“The size of the accessory dwelling shall be determined by the square footage for the above
grade living area as recorded with the Maryland state Department of Assessments and Taxation
(SDAT).”
3

Planning & Zoning Transmission to Council - 05-21-2026 - Revised by Atty E. Levan 05-29-2026

290-11 Conditions and standards for conditional and special exception uses.
The following conditions and specific standards apply to land uses designated
C (conditional) SE (special exception) and SC (special exception with
conditions) in Table 1. When applying for a zoning and occupancy permit, the
applicable conditions shall be satisfied during the period of the use and
occupancy.
(A)​Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1,
RV-2, RPC, NC and TC Districts, subject to the requirements of the
district where located except as herein provided:
(1)​

(2)​
(3)​

(4)​

(5)​

The principal dwelling shall be a single-family detached
dwelling and shall be located on a lot of at least 7,500
square feet served by public water and sewer. AN
ACCESSORY DWELLING SHALL MEAN THE FOLLOWING: IS
A DWELLING SECONDARY TO THE PRIMARY DWELLING
UNIT, WHICH IS ON THE SAME LOT, PARCEL, OR TRACT AS
A PRIMARY DETACHED DWELLING UNIT, AND NOT
GREATER THAN 75% OF THE SIZE OF AND SUBORDINATE
IN USE TO THE PRIMARY DETACHED DWELLING UNIT. THIS
INCLUDES A STRUCTURE THAT IS SEPARATE FROM THE
PRIMARY DETACHED DWELLING UNIT OR ATTACHED AS
AN ADDITION TO THE PRIMARY DETACHED DWELLING
UNIT.
Accessory dwellings are limited to lots that are
owner-occupied.
Accessory dwellings are limited to a total of 650 square feet
of floor area. THE MAXIMUM SIZE OF THE ACCESSORY
DWELLING SHALL BE DETERMINED BY THE SQUARE
FOOTAGE OF THE PRIMARY STRUCTURE’S ABOVE-GRADE
LIVING AREA AS RECORDED WITH THE MARYLAND STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT).
All height, area and bulk requirements shall apply to the
accessory dwelling a. A DETACHED ADU SHALL NOT
EXCEED THE HEIGHT OF THE PRINCIPAL STRUCTURE.
The parking requirements of this chapter shall apply.
Accessory dwellings will require two off-street parking

This is drafted as amendments to 290-11.​
​
​
​
BOLD CAPITALIZED TEXT shows additions strikethroughs show deletions
Underlined changes show those made by Town Attorney after P&Z approval. ​ ​

​

1

Planning & Zoning Transmission to Council - 05-21-2026 - Revised by Atty E. Levan 05-29-2026

(6)​
(7)​

(8)​

(9)​

(10)​

(11)​
(12)​

(13)​

(14)​

spaces in addition to those required for the principal
dwelling.
A site plan is required.
Accessory dwellings must be architecturally compatible
with the principal dwelling on the lot in terms of similarity
of building materials, roof type, and roof line.
Only one accessory apartment will be allowed on a
DWELLING UNIT IS PERMITTED ON ANY LOT WITH AN
EXISTING PRIMARY DETACHED DWELLING UNIT,
PROVIDED IT MEETS ALL OTHER STANDARDS FOR
ACCESSORY STRUCTURES.
IN ADDITION TO ANY COMMON LIVING AREA, THE
ACCESSORY DWELLING UNIT SHALL HAVE NO MORE
THAN TWO BEDROOMS, ONE BATHROOM, AND ONE
KITCHEN.
ACCESSORY DWELLINGS SHALL HAVE THEIR OWN
INGRESS AND EGRESS SEPARATE FROM THE PRIMARY
DWELLING.
A DETACHED ADU MUST BE SETBACK EIGHT FEET FROM
THE PRINCIPAL STRUCTURE.
ALL ACCESSORY DWELLINGS MUST COMPLY WITH THE
TOWN’S WATER & SEWER MANUAL, FLOODPLAIN
ORDINANCE, BUILDING CODE, AND ANY OTHER
APPLICABLE REGULATIONS.
AN ACCESSORY DWELLING UNIT IS EXEMPT FROM THE
CALCULATION OF DENSITY FOR THE LOT, PARCEL, OR
TRACT UPON WHICH IT IS LOCATED. IF THE PROPERTY
ASSOCIATED WITH AN ACCESSORY DWELLING UNIT IS
SUBSEQUENTLY SUBDIVIDED SO THAT THE DETACHED
ACCESSORY DWELLING UNIT IS NOW LOCATED ON ITS
OWN LOT, THE ACCESSORY DWELLING UNIT IS INCLUDED
IN THE DENSITY CALCULATIONS.
ACCESSORY DWELLING CONVERSIONS OF EXISTING
STRUCTURES MUST HAVE VEHICULAR ACCESS FROM A
ROAD, NOT AN ALLEYWAY.
*​

*​

*

This is drafted as amendments to 290-11.​
​
​
​
BOLD CAPITALIZED TEXT shows additions strikethroughs show deletions
Underlined changes show those made by Town Attorney after P&Z approval. ​ ​

​

2

Planning & Zoning Transmission to Council - 06-26-2026 - Revised by Atty E. Levan 05-29-2026

This document supplements the June 4, 2026, Memorandum
from Sarah Franklin to the Mayor and Town Council concerning
proposed changes to §290-11. The text below illustrates the
proposed adoption format; refer to the table below for a summary
of notations used to identify state requirements versus Planning &
Zoning Commission recommendations.
CAPITALIZED TEXT

additions

strikethroughs

deletions

Red Text or strikethrough

State requirements cannot be changed.

Blue Text or strikethrough

Recommendations from the Planning & Zoning Commission
that can be changed.

Regular unaltered text

Existing rules that can be changed.

Italics

Not legislation, brief explanation of why the text is included.

Underlined text

Changes made by Town Attorney after P&Z Approval

290-11 Conditions and standards for conditional and special exception uses.
The following conditions and specific standards apply to land uses designated
C (conditional) SE (special exception) and SC (special exception with
conditions) in Table 1. When applying for a zoning and occupancy permit, the
applicable conditions shall be satisfied during the period of the use and
occupancy.
(A)​Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1,
RV-2, RPC, NC and TC Districts, subject to the requirements of the
district where located except as herein provided:
(1)​

The principal dwelling shall be a single-family detached
dwelling and shall be located on a lot of at least 7,500
square feet served by public water and sewer. AN
ACCESSORY DWELLING SHALL MEAN THE FOLLOWING: IS
A DWELLING SECONDARY TO THE PRIMARY DWELLING
UNIT, WHICH IS ON THE SAME LOT, PARCEL, OR TRACT AS
A PRIMARY DETACHED DWELLING UNIT, AND NOT
1

Planning & Zoning Transmission to Council - 06-26-2026 - Revised by Atty E. Levan 05-29-2026

(2)​
(3)​

(4)​

(5)​

(6)​
(7)​

(8)​

(9)​

(10)​

(11)​

GREATER THAN 75% OF THE SIZE OF AND SUBORDINATE
IN USE TO THE PRIMARY DETACHED DWELLING UNIT. THIS
INCLUDES A STRUCTURE THAT IS SEPARATE FROM THE
PRIMARY DETACHED DWELLING UNIT OR ATTACHED AS
AN ADDITION TO THE PRIMARY DETACHED DWELLING
UNIT.
Accessory dwellings are limited to lots that are
owner-occupied.
Accessory dwellings are limited to a total of 650 square feet
of floor area. THE MAXIMUM SIZE OF THE ACCESSORY
DWELLING SHALL BE DETERMINED BY THE SQUARE
FOOTAGE OF THE PRIMARY STRUCTURE’S ABOVE-GRADE
LIVING AREA AS RECORDED WITH THE MARYLAND STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT).
All height, area and bulk requirements shall apply to the
accessory dwelling a. A DETACHED ADU SHALL NOT
EXCEED THE HEIGHT OF THE PRINCIPAL STRUCTURE.
The parking requirements of this chapter shall apply.
Accessory dwellings will require two off-street parking
spaces in addition to those required for the principal
dwelling.
A site plan is required.
Accessory dwellings must be architecturally compatible
with the principal dwelling on the lot in terms of similarity
of building materials, roof type, and roof line.
Only one accessory apartment will be allowed on a
DWELLING UNIT IS PERMITTED ON ANY LOT WITH AN
EXISTING PRIMARY DETACHED DWELLING UNIT,
PROVIDED IT MEETS ALL OTHER STANDARDS FOR
ACCESSORY STRUCTURES.
IN ADDITION TO ANY COMMON LIVING AREA, THE
ACCESSORY DWELLING UNIT SHALL HAVE NO MORE
THAN TWO BEDROOMS, ONE BATHROOM, AND ONE
KITCHEN.
ACCESSORY DWELLINGS SHALL HAVE THEIR OWN
INGRESS AND EGRESS SEPARATE FROM THE PRIMARY
DWELLING.
A DETACHED ADU MUST BE SETBACK EIGHT FEET FROM

2

Planning & Zoning Transmission to Council - 06-26-2026 - Revised by Atty E. Levan 05-29-2026

(12)​

(13)​

(14)​

THE PRINCIPAL STRUCTURE.
ALL ACCESSORY DWELLINGS MUST COMPLY WITH THE
TOWN’S WATER & SEWER MANUAL, FLOODPLAIN
ORDINANCE, BUILDING CODE, AND ANY OTHER
APPLICABLE REGULATIONS.
AN ACCESSORY DWELLING UNIT IS EXEMPT FROM THE
CALCULATION OF DENSITY FOR THE LOT, PARCEL, OR
TRACT UPON WHICH IT IS LOCATED. IF THE PROPERTY
ASSOCIATED WITH AN ACCESSORY DWELLING UNIT IS
SUBSEQUENTLY SUBDIVIDED SO THAT THE DETACHED
ACCESSORY DWELLING UNIT IS NOW LOCATED ON ITS
OWN LOT, THE ACCESSORY DWELLING UNIT IS INCLUDED
IN THE DENSITY CALCULATIONS.
ACCESSORY DWELLING CONVERSIONS OF EXISTING
STRUCTURES MUST HAVE VEHICULAR ACCESS FROM A
ROAD, NOT AN ALLEYWAY.
*​

*​

*

3

HOUSE BILL 1466
L6, N1

5lr1838
CF SB 891

By: Delegate Stewart Delegates Stewart, Allen, Behler, Boyce, Ciliberti, Healey,
Holmes, R. Lewis, Otto, and Stein
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
1

AN ACT concerning

2
3

Land Use and Real Property – Accessory Dwelling Units – Requirements and
Prohibitions

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

FOR the purpose of requiring, on or before a certain date, the legislative body of certain
counties or municipal corporations to adopt a local law authorizing the development
of accessory dwelling units on land zoned for with a single–family residential use
detached dwelling unit as the primary dwelling unit subject to certain requirements;
providing for requirements for approval of a zoning use permit application, the
calculation of development impact fees or building excise taxes, the creation of
on– and off–street parking spaces, and restrictions on the ability of a utility to
require a certain connection or charge a certain fee, subject to certain criteria;
prohibiting a restriction on use in an instrument affecting the transfer or sale of real
property or any other interest in real property from imposing or acting to impose
certain limitations on the development or use of accessory dwelling units on property
zoned for single–family residential use; authorizing the governing body of a
homeowners association to treat an accessory dwelling unit as a separate lot for
purposes of voting and levying assessments; and generally relating to the
development and use of accessory dwelling units.

19
20
21
22
23

BY repealing and reenacting, without amendments,
Article – Land Use
Section 1–401(a) and (c) and 10–103(a)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.

*hb1466*

2

HOUSE BILL 1466

1
2
3
4
5

BY repealing and reenacting, with amendments,
Article – Land Use
Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)

6
7
8
9
10
11

BY adding to
Article – Land Use
Section 1–401(b)(18); 4–501 through 4–507 4–504 to be under the new subtitle
“Subtitle 5. Accessory Dwelling Units”; and 10–103(b)(17)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)

12
13
14
15
16

BY adding to
Article – Real Property
Section 2–126, 11B–101(a–1), and 11B–111.11
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

17
18
19
20
21

BY repealing and reenacting, without amendments,
Article – Real Property
Section 11B–101(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

22
23
24
25
26

BY repealing and reenacting, with amendments,
Article – Real Property
Section 11B–117(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

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Article – Land Use

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1–401.

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(a)
counties.

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(b)

Except as provided in this section, this division does not apply to charter
The following provisions of this division apply to a charter county:

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(18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);

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[(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites);

HOUSE BILL 1466

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[(19)] (20) § 5–104 (Major subdivision – Review);

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[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms);

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[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights);

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[(22)] (23) except in Montgomery County or Prince George’s County, Title
7, Subtitle 3 (Development Rights and Responsibilities Agreements);

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[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning);

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[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability);

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[(25)] (26) § 8–401 (Conversion of overhead facilities);

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[(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County

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Provisions – Baltimore County);

[(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County
Provisions – Frederick County);

[(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County
Provisions – Howard County);

[(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County
Provisions – Talbot County); and

[(30)] (31) Title 11, Subtitle 2 (Civil Penalty).

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(c)

This section supersedes any inconsistent provision of Division II of this article.

SUBTITLE 5. ACCESSORY DWELLING UNITS.

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4–501.
(A)

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS

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INDICATED.

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(B) (1)
UNIT THAT IS:

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“ACCESSORY DWELLING UNIT” MEANS A SECONDARY DWELLING
(I)

ON THE SAME LOT, PARCEL, OR TRACT AS A PRIMARY
SINGLE–FAMILY DETACHED DWELLING UNIT THAT IS CONSTRUCTED:; AND

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HOUSE BILL 1466

(II)

NOT GREATER THAN 75% OF THE SIZE OF AND
SUBORDINATE IN USE TO THE PRIMARY SINGLE–FAMILY DETACHED DWELLING
UNIT.

(1)

ATTACHED TO OR THROUGH THE CONVERSION OF A PORTION OF
THE PRIMARY DWELLING UNIT;

(2)

ATTACHED TO OR THROUGH THE FULL OR PARTIAL CONVERSION
OF AN ACCESSORY STRUCTURE LOCATED ON THE SAME LOT, PARCEL, OR TRACT AS
THE PRIMARY DWELLING UNIT; OR

(3)

AS A NEW BUILDING, DETACHED FROM THE PRIMARY DWELLING
UNIT AND ANY EXISTING ACCESSORY STRUCTURES.

(2)

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“ACCESSORY DWELLING UNIT” INCLUDES A STRUCTURE THAT IS:
(I)

SEPARATE FROM THE PRIMARY SINGLE–FAMILY DETACHED

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DWELLING UNIT; OR

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(II) ATTACHED AS AN
SINGLE–FAMILY DETACHED DWELLING UNIT.

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(C)

ADDITION

TO

THE

PRIMARY

(1)

“DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE,
INDEPENDENT LIVING FACILITIES FOR AT LEAST ONE INDIVIDUAL, INCLUDING, AT A
MINIMUM, PERMANENT PROVISIONS FOR SANITATION, COOKING, EATING, AND
SLEEPING, AND OTHER ACTIVITIES ROUTINELY ASSOCIATED WITH DAILY LIFE.
(2)

“DWELLING UNIT” DOES NOT INCLUDE A UNIT IN A MULTIFAMILY
RESIDENTIAL BUILDING.
(D)

“UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PROVIDED BY:

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A PRIVATE COMPANY REGULATED UNDER DIVISION I OF THE
PUBLIC UTILITIES ARTICLE;

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(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE;

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(1)

(3)

A SANITARY COMMISSION REGULATED UNDER TITLE 9, SUBTITLE
6 OF THE ENVIRONMENT ARTICLE; OR

(4)

A MUNICIPAL AUTHORITY REGULATED UNDER TITLE 9, SUBTITLE
7 OF THE ENVIRONMENT ARTICLE.

HOUSE BILL 1466

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4–502.

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THIS SUBTITLE APPLIES ONLY TO THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR WITH A SINGLE–FAMILY RESIDENTIAL USE
DETACHED DWELLING UNIT AS THE PRIMARY DWELLING UNIT.

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4–503.
(A)

IT IS THE POLICY OF THE STATE TO PROMOTE AND ENCOURAGE THE

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CREATION OF ACCESSORY DWELLING UNITS ON LAND ZONED FOR WITH A
SINGLE–FAMILY RESIDENTIAL USE DETACHED DWELLING UNIT AS THE PRIMARY
DWELLING UNIT IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF
MARYLAND.

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(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION, THIS SUBTITLE DOES NOT ALTER OR
ABROGATE ANY ZONING POWER OR RELATED AUTHORITY GRANTED TO A LOCAL
JURISDICTION UNDER THIS TITLE.

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LOCAL JURISDICTIONS SHALL ESTABLISH POLICIES THAT
FURTHER THE INTENT OF THIS SUBTITLE.

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4–504.

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(2)

(A)

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ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BODY

SHALL ADOPT A LOCAL LAW AUTHORIZING THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL USE IN
ACCORDANCE WITH THIS SECTION.

(2)

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(1)

A LEGISLATIVE BODY MAY ADOPT A LOCAL LAW THAT:
(I)

ESTABLISHES STANDARDS FOR ACCESSORY DWELLING UNIT

SAFETY; AND

(II)

PROHIBITS THE FULL OR PARTIAL CONVERSION OF AN
ACCESSORY STRUCTURE AS AN ACCESSORY DWELLING UNIT IF THE ONLY
VEHICULAR ACCESS TO THE ACCESSORY STRUCTURE IS FROM AN ALLEY.

(B)

A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL APPLY TO ALL
LAND IN THE LOCAL JURISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL USE,
PROVIDED THAT:

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HOUSE BILL 1466

(1)

THE PARTY DEVELOPING THE ACCESSORY DWELLING UNIT OWNS
AND HAS THE EXCLUSIVE RIGHT TO USE THE LOT, PARCEL, OR TRACT ON WHICH THE
ACCESSORY DWELLING UNIT IS TO BE DEVELOPED; AND

(2)

THE DEVELOPMENT OF NEW DWELLING UNITS ON THE LOT,
TRACT, OR PARCEL IS NOT OTHERWISE PROHIBITED DUE TO:

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(I)

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(II)

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LIMITATIONS ON AVAILABLE SAFE DRINKING WATER;

THE EXISTENCE
LIMITATIONS ON SEWAGE DISPOSAL; OR

OF

PUBLIC

HEALTH

RISKS

DUE

TO

(III) RISKS ASSOCIATED WITH FIRES, FLOODS, OR LANDSLIDES
PROVIDE FOR CONSTRUCTION OF ACCESSORY DWELLING UNITS THAT MEET PUBLIC
HEALTH, SAFETY, AND WELFARE STANDARDS, INCLUDING RELEVANT BUILDING
CODES AND ADEQUATE PUBLIC FACILITIES PROVISIONS.

(C)

A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL:

(1) REQUIRE THAT THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY
DWELLING UNIT BE LESS THAN THE TOTAL SQUARE FOOTAGE OF THE PRIMARY
DWELLING UNIT;
(2)

REQUIRE THAT THE FINAL DESIGN FOR THE ACCESSORY
DWELLING UNIT SATISFY ALL RELEVANT BUILDING CODE REQUIREMENTS;

(3)

AUTHORIZE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNIT, UNLESS
THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT WOULD RESULT IN THE
NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDICTION IN
ORDER TO CONSTRUCT THE PRIMARY DWELLING UNIT;

(4)

EXCLUDE THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
FROM THE CALCULATION OF DENSITY AND THE APPLICATION OF ANY MEASURES
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT
PROPOSED FOR THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT; AND

(5)

SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE THAT ADDRESS
OBJECTIVE AND MEASURABLE REQUIREMENTS, INCLUDING:

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(I)

MASSING;

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(II)

LOCATIONS OF ENTRANCES;

HOUSE BILL 1466

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(III) SQUARE FOOTAGE; AND

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(IV)
UTILITY.

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(D)

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SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A

A LOCAL LAW ADOPTED UNDER THIS SECTION MAY NOT:
(1)

REQUIRE, AS A CONDITION TO DEVELOPING AN ACCESSORY
DWELLING UNIT, THAT THE LOT, PARCEL, OR TRACT EXCEED THE MINIMUM SIZE
REQUIRED FOR A PRIMARY DWELLING UNIT IN THE ZONE OR DISTRICT;

(2)

ESTABLISH SETBACK REQUIREMENTS FROM THE SIDE AND REAR
LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS CONVERTED FROM AN
EXISTING ACCESSORY STRUCTURE IF:

(I)

THE LOCATION OF THE PROPOSED ACCESSORY DWELLING
UNIT IS IDENTICAL TO THE EXISTING ACCESSORY STRUCTURE; AND

(II)

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THE DIMENSIONS OF THE PROPOSED ACCESSORY
DWELLING UNIT ARE IDENTICAL TO OR SMALLER THAN THE EXISTING ACCESSORY
STRUCTURE;

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(3) FOR AN ACCESSORY DWELLING UNIT OTHER THAN A UNIT THAT
MEETS THE REQUIREMENTS OF ITEM (2) OF THIS SUBSECTION, ESTABLISH SETBACK
REQUIREMENTS THAT EXCEED 4 FEET THE EXISTING ACCESSORY STRUCTURE
SETBACK REQUIREMENTS FROM THE SIDE AND REAR LOT LINES;

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(4)

EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,

REQUIRE:

(I)

IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF NEW OFF–STREET PARKING AS A CONDITION TO DEVELOPING THE
ACCESSORY DWELLING UNIT; AND

(II)

IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF MORE THAN ONE OFF–STREET PARKING SPACE; OR

(5)

SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE BASED ON
SUBJECTIVE CRITERIA, INCLUDING:

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HOUSE BILL 1466

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NEIGHBORHOOD COMPATIBILITY, SUCH AS DESIGN OR

(II)

ADVERSE IMPACTS.

(I)

SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION, A A

AESTHETICS; OR

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(I)

(E)

(1)

LOCAL LAW ADOPTED UNDER THIS SECTION MAY ESTABLISH ADDITIONAL
OFF–STREET PARKING REQUIREMENTS THAT CONSIDER:

1.

THE COST TO CONSTRUCT OFF–STREET PARKING

SPACES;

2.

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WHETHER SUFFICIENT CURB AREA EXISTS ALONG
THE FRONT LINE OF THE PROPERTY TO ACCOMMODATE ON–STREET PARKING;

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3.
THE INCREASE IN IMPERVIOUS SURFACE DUE TO THE
CREATION OF NEW OFF–STREET PARKING AND THE RELATION TO ANY APPLICABLE
STORMWATER MANAGEMENT PLANS; AND

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4.
VARIABILITY DUE TO THE SIZE OF THE LOT, PARCEL,
OR TRACT ON WHICH THE ACCESSORY DWELLING UNIT OR PRIMARY DWELLING IS
LOCATED.

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A LOCAL LAW ADOPTED UNDER THIS PARAGRAPH SHALL
PROVIDE FOR A WAIVER PROCESS FROM THE PARKING REQUIREMENTS.

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(2) BEFORE ADOPTING A LOCAL LAW UNDER PARAGRAPH (1) OF THIS
SUBSECTION, A LEGISLATIVE BODY SHALL COMPLETE A PARKING STUDY TO
DETERMINE THE APPLICABLE NEEDS AND RESTRICTIONS IN THE JURISDICTION.

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4–505.

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(II)

(A)

A LOCAL JURISDICTION SHALL APPROVE OR DENY A COMPLETE

APPLICATION FOR A ZONING USE PERMIT FOR AN ACCESSORY DWELLING UNIT
WITHIN 90 DAYS AFTER RECEIPT BY THE AGENCY RESPONSIBLE FOR MAKING
ZONING DECISIONS.

(B)

APPROVAL OF A COMPLETE APPLICATION UNDER THIS SECTION SHALL
BE PERFORMED IN A MINISTERIAL MANNER.
(C)

IF AN APPLICANT REQUESTS A DELAY IN THE REVIEW OF AN
APPLICATION, THE 90–DAY REVIEW PERIOD REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION SHALL BE TOLLED FOR THE DURATION OF THE DELAY.

HOUSE BILL 1466

(D)

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THIS SECTION MAY NOT BE CONSTRUED TO ALTER THE APPELLATE OR

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JUDICIAL REVIEW PROCESSES FOR A ZONING USE PERMIT APPLICATION FOR AN
ACCESSORY DWELLING UNIT.

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4–506.

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(A)

A LOCAL JURISDICTION MAY NOT CHARGE A DEVELOPMENT IMPACT

FEE OR A BUILDING EXCISE TAX ON AN ACCESSORY DWELLING UNIT WITH A TOTAL
SQUARE FOOTAGE OF LESS THAN 750 SQUARE FEET.

(B)

A LOCAL JURISDICTION MAY CHARGE A DEVELOPMENT IMPACT FEE OR

A BUILDING EXCISE TAX FOR THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
THAT IS AT LEAST 750 SQUARE FEET IF THE IMPACT FEE OR BUILDING EXCISE TAX
IS:

(1)

ASSESSED PROPORTIONATELY IN RELATION TO THE SQUARE
FOOTAGE OF THE PRIMARY DWELLING UNIT; AND

(2)

SET AT AN AMOUNT THAT DOES NOT CREATE A DE FACTO
PROHIBITION ON THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT.

(C)

A LOCAL JURISDICTION MAY ESTABLISH A PROCESS BY WHICH AN

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IMPACT FEE OR BUILDING EXCISE TAX CHARGED UNDER THIS SECTION MAY BE
WAIVED OR REDUCED.

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4–507.

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(A)

(1)

THIS SUBSECTION DOES NOT APPLY TO AN ACCESSORY DWELLING

UNIT THAT IS DEVELOPED IN CONJUNCTION WITH A NEW OR SUBSTANTIALLY
RENOVATED PRIMARY DWELLING UNIT.

(2)

SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A UTILITY

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MAY NOT REQUIRE THE USE OF A SEPARATE CONNECTION BETWEEN AN ACCESSORY
DWELLING UNIT AND THE WATER OR SEWER MAIN IF THE EXISTING CONNECTION
BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER MAIN IS
DETERMINED TO BE SUFFICIENT TO SUPPORT THE ADDITION OF THE ACCESSORY
DWELLING UNIT.

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(3) A LOCAL JURISDICTION MAY ESTABLISH CRITERIA UNDER WHICH
A UTILITY IS AUTHORIZED TO REQUIRE THE USE OF A SEPARATE CONNECTION
BETWEEN AN ACCESSORY DWELLING UNIT AND THE WATER OR SEWER MAIN.

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(B)

IF AN ACCESSORY DWELLING UNIT IS INTEGRATED INTO THE EXISTING

CONNECTION BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER

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HOUSE BILL 1466

MAIN, A UTILITY MAY NOT CHARGE A CONNECTION FEE ASSOCIATED WITH THE
INTEGRATION OF THE ACCESSORY DWELLING UNIT.

(C)

A PERSON DEVELOPING AN ACCESSORY DWELLING UNIT MAY ELECT TO

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USE A METER THAT IS SHARED WITH THE PRIMARY DWELLING UNIT TO TRACK THE
DELIVERY OF WATER FROM A UTILITY.

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10–103.

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City.

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(a)

Except as provided in this section, this division does not apply to Baltimore

(b)

The following provisions of this division apply to Baltimore City:

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(17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);

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[(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites);

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[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms);

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[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights);

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[(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities
Agreements);

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[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning);

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[(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and

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[(23)] (24) Title 11, Subtitle 2 (Civil Penalty).

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Article – Real Property

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2–126.

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(A) (1)
INDICATED.

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(2) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN §
4–501 OF THE LAND USE ARTICLE.

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(3) “RESTRICTION
ON
USE”
RESTRICTION, OR CONDITION CONTAINED IN:

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IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS

(I)

A DEED;

INCLUDES

ANY

COVENANT,

HOUSE BILL 1466

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1

(II)

A DECLARATION;

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(III) A CONTRACT;

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(IV)

THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION;

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(V)

A SECURITY INSTRUMENT; OR

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(VI)

ANY OTHER INSTRUMENT AFFECTING:

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1.

THE TRANSFER OR SALE OF REAL PROPERTY; OR

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2.

ANY OTHER INTEREST IN REAL PROPERTY.

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(B)

(1) IF EXCEPT AS PROVIDED IN PARAGRAPH (2)(II) OF THIS
SUBSECTION, IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE
PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS, A
RESTRICTION ON USE REGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE
AN UNREASONABLE LIMITATION ON THE ABILITY OF THE PROPERTY OWNER TO
DEVELOP OR OFFER FOR RENT AN ACCESSORY DWELLING UNIT ON A PROPERTY
ZONED FOR SINGLE–FAMILY RESIDENTIAL USE.

(2)

FOR THE PURPOSE OF PARAGRAPH (1) OF THIS SUBSECTION, AN
UNREASONABLE LIMITATION:

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(I)

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(I)

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INCLUDES INCLUDES A LIMITATION THAT:

SIGNIFICANTLY INCREASES THE COST OF DEVELOPING AN
ACCESSORY DWELLING UNIT; OR
(II)

PROHIBITS PROHIBITS, EITHER EXPLICITLY OR BY EFFECT
OF THE RESTRICTIONS, THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT; AND
(II)

DOES NOT INCLUDE A LIMITATION ON THE SHORT–TERM
RENTAL OF AN ACCESSORY DWELLING UNIT.

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(C)

THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC
PROPERTY THAT IS LISTED IN OR DETERMINED BY THE DIRECTOR OF THE
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND
REGISTER OF HISTORIC PROPERTIES.

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11B–101.

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HOUSE BILL 1466

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(a)
In this title the following words have the meanings indicated, unless the
context requires otherwise.

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(A–1) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN § 4–501 OF
THE LAND USE ARTICLE.

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11B–111.11.

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NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROVISION IN
THE DECLARATION, BYLAWS, RULES, DEEDS, AGREEMENTS, OR RECORDED
COVENANTS OR RESTRICTIONS OF A HOMEOWNERS ASSOCIATION, THE GOVERNING

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11B–117.

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(a)
(1)
As provided in the declaration, a lot owner shall be liable for all
homeowners association assessments and charges that come due during the time that the
lot owner owns the lot.

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(2)
[The] NOTWITHSTANDING ANY PROVISION OF THE DECLARATION,
ARTICLES OF INCORPORATION, OR BYLAWS RESTRICTING ASSESSMENT INCREASES,
CAPPING THE ASSESSMENT THAT MAY BE LEVIED IN A FISCAL YEAR, OR LIMITING
ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the

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BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT AN
ACCESSORY DWELLING UNIT AS A SEPARATE LOT FOR PURPOSES OF VOTING ON A
HOMEOWNERS ASSOCIATION MATTER.

authority to [increase]:

(I)

INCREASE an assessment levied to cover the reserve funding
amount required under § 11B–112.3 of this title[, notwithstanding any provision of the
declaration, articles of incorporation, or bylaws restricting assessment increases or capping
the assessment that may be levied in a fiscal year]; AND

(II)

TREAT AN ACCESSORY DWELLING UNIT AS A SEPARATE LOT

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FOR PURPOSES OF LEVYING ASSESSMENTS.

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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.