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MarylandHB 14662025 Regular SessionHouseWALLET

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

Sponsored By: Vaughn Stewart (Democratic)

Signed by Governor

Local Government - GenerallyReal PropertyBaltimore CityBoundariesBuilding CodesChartered Counties -see also- AACo; BCo; CecilCo; etc.ConstructionContracts -see also- ProcurementCounties -see also- Chartered Counties; Code Counties; etc.Development Fees and TaxesExcise TaxFees -see also- Attys' Fees; Devt Fees & TaxesHealth -see also- COVID19; EnvHlth; MedCon; etc.Homeowners AssociationsHousing -see also- Apartments; Condos; Mobile & Manuf HomesLand Records -see also- DeedsLaws and Ordinances -see also- Pub Local Laws; Uniform LawsLocal Government MandatesMunicipal Corporations -see also- Annap; Balt; Hager; OCParkingPermits -see also- Building PermitsPublic Buildings and Facilities -see also- Stadiums; St HseSafety -see also- Occupational SafetyStandards and Best PracticesTimeUtilities -see also- Recycl; Refuse; Sewage; Teleph; WaterWaiversZoning and Planning

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

More options for homeowners adding second homes

Effective October 1, 2025, Maryland requires local governments to adopt laws allowing accessory homes by October 1, 2026. These homes must share land with a detached, single-family home and remain secondary in use. They can be attached or separate, but cannot exceed 75% of the main home's size. They must provide sanitation, cooking, eating, and sleeping facilities; units in multifamily buildings do not qualify. Local laws must require compliance with building codes, health and safety standards, and adequate public facilities rules. They must exclude accessory homes from density calculations and residential-growth limits. Side and rear setbacks cannot exceed those for accessory structures, but localities may block conversions with only alley vehicle access.

Protection against private accessory home bans

Beginning October 1, 2025, deeds, contracts, and homeowners association rules cannot unreasonably limit accessory-home development or rental. This includes development bans and restrictions that significantly increase development costs. Owners must have the exclusive right to use the property and follow applicable laws and regulations. This protection does not prevent short-term rental restrictions. It does not apply to properties listed in, or determined eligible for, the Maryland Register of Historic Properties.

Accessory homes can bring votes and fees

Beginning October 1, 2025, homeowners associations may count an accessory home as a separate lot for voting and assessments. This can add voting weight but also raise the property owner's association charges. Separate assessments are allowed despite governing documents that cap increases or limit assessments to each original lot. Associations may also raise assessments to meet required reserve funding, despite conflicting governing documents. Owners remain liable for assessments that accrue during their ownership; separate-lot treatment is optional.

Extra parking rules with homeowner waivers

Beginning October 1, 2025, local governments may require extra off-street parking for accessory homes, adding development costs. Before adopting these requirements, they must complete a parking study. They must consider construction costs, curb space, paved-surface and stormwater effects, and differences in lot sizes. Local laws must also provide a process for waiving the parking requirements.

Sponsors & Cosponsors

Sponsor

  • Vaughn Stewart

    Democratic • House

Cosponsors

  • Nick Allen

    Democratic • House

  • Dylan Behler

    Democratic • House

  • Regina T. Boyce

    Democratic • House

  • Barrie S. Ciliberti

    Republican • House

  • Anne Healey

    Democratic • House

  • Marvin E. Holmes

    Democratic • House

  • Otto

    Affiliation unavailable

  • Robbyn Lewis

    Democratic • House

  • Dana Stein

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 185 • No: 1

Senate vote • 4/2/2025

Third Reading Passed

Yes: 47 • No: 0

House vote • 3/17/2025

Third Reading Passed

Yes: 138 • No: 1

Actions Timeline

  1. Approved by the Governor - Chapter 197

    4/22/2025

  2. Returned Passed

    4/2/2025House

  3. Third Reading Passed (47-0)

    4/2/2025Senate

  4. Second Reading Passed

    3/27/2025Senate

  5. Favorable Adopted

    3/27/2025Senate

  6. Favorable Report by Education, Energy, and the Environment

    3/27/2025Senate

  7. Referred Education, Energy, and the Environment

    3/17/2025Senate

  8. Third Reading Passed (138-1)

    3/17/2025House

  9. Second Reading Passed with Amendments

    3/15/2025House

  10. Favorable with Amendments {473424/1 Adopted

    3/15/2025House

  11. Favorable with Amendments Report by Environment and Transportation

    3/15/2025House

  12. Hearing 3/04 at 1:00 p.m.

    2/7/2025House

  13. First Reading Environment and Transportation

    2/7/2025House

Bill Text

  • Enacted

    4/22/2025

    PDF

  • Third Reading

    3/15/2025

    PDF

  • First Reading

    2/7/2025

    PDF

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