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MarylandSB 03252026 Regular SessionSenate

Land Use - Permitting - Development Rights (Maryland Housing Certainty Act)

Sponsored By: Malcolm Augustine (Democratic)

Signed by Governor

Housing and Community DevelopmentLocal Government - GenerallyAdministrative AgenciesApplicants and ApplicationsBaltimore CityCertificationsChartered Counties -see also- AACo; BCo; CecilCo; etc.Code Counties -see also- AllegCo; CarolineCo; ChsCo; etc.Committees and CommissionsCommunity DevelopmentConstructionDevelopment Fees and TaxesEvaluations and ReviewsExcise TaxFees -see also- Attys' Fees; Devt Fees & TaxesHealth -see also- COVID19; EnvHlth; MedCon; etc.Housing -see also- Apartments; Condos; Mobile & Manuf HomesInspections -see also- Motor Vehicle InspectionJurisdictionLaws and Ordinances -see also- Pub Local Laws; Uniform LawsLocal Government MandatesMaryland-National Capital Park and Planning CommissionPermits -see also- Building PermitsPlans and ProposalsReal Estate -see also- Agents and BrokersRegistration -see also- Motor Vehicle RegistrationResidential Property -see also- Apartments; CondominiumsRules and RegulationsSafety -see also- Occupational SafetyTimeZoning and Planning

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Five-year development rights for housing projects

Beginning 2026-10-01, once you secure all required approvals, your housing project’s rights are vested for at least five years. A local agency can set a longer period. In a phased plan, any phase with 25 or more homes counts as its own project for vesting. Local approval deadlines can still expire, and officials may enforce urgent health and safety rules. Agencies can still require phase-by-phase permits and approve density increases beyond what was allowed when you first applied.

Later payment, stricter enforcement of development fees

Beginning 2026-10-01, counties and towns that charge development excise taxes or impact fees on homes must follow new timing rules. They may collect the fee after construction is complete and all occupancy requirements are met, or as a precondition to the final inspection, but not more than 30 days before that inspection. If the fee is not paid within the local deadline, the locality can deny, withhold, or revoke the certificate of occupancy. Fees tied to county debt incurred on or before 2026-01-01 are exempt from the new delay and can be collected earlier. These rules apply to housing and mixed-use projects with homes.

Predictable rules and 30-day housing review

Beginning 2026-10-01, a local agency must decide within 30 days if your housing application is complete and tell you the date. If it does not notify you within 35 days, your application is treated as complete. If incomplete, the agency must list what is missing and give time to fix it. The rules that govern your approval are locked to the date of your first complete application for any process that can finish the project. Zoning text changes or rezoning steps do not reset which rules apply.

Sponsors & Cosponsors

Sponsor

  • Malcolm Augustine

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 176 • No: 46

House vote • 4/10/2026

Third Reading Passed

Yes: 106 • No: 29 • Other: 3

Senate vote • 4/10/2026

Third Reading Passed

Yes: 35 • No: 7 • Other: 2

Senate vote • 3/19/2026

Third Reading Passed

Yes: 35 • No: 10

Actions Timeline

  1. Approved by the Governor - Chapter 590

    5/26/2026

  2. Passed Enrolled

    4/10/2026Senate

  3. Third Reading Passed (35-7)

    4/10/2026Senate

  4. Senate Concurs House Amendments

    4/10/2026Senate

  5. Third Reading Passed (106-29)

    4/10/2026House

  6. Second Reading Passed with Amendments

    4/8/2026House

  7. Favorable with Amendments {273225/1 Adopted

    4/8/2026House

  8. Favorable with Amendments Report by Economic Matters

    4/8/2026House

  9. Hearing 4/02 at 2:30 p.m.

    4/2/2026House

  10. Hearing canceled

    4/2/2026House

  11. Hearing 4/02 at 1:30 p.m.

    4/2/2026House

  12. Hearing canceled

    4/2/2026House

  13. Hearing 4/02 at 1:00 p.m.

    3/24/2026House

  14. Referred Economic Matters

    3/20/2026House

  15. Third Reading Passed (35-10)

    3/19/2026Senate

  16. Second Reading Passed with Amendments

    3/18/2026Senate

  17. Favorable with Amendments {713328/1 Adopted

    3/18/2026Senate

  18. Favorable with Amendments Report by Education, Energy, and the Environment

    3/16/2026Senate

  19. Hearing 2/17 at 1:00 p.m.

    1/23/2026Senate

  20. First Reading Education, Energy, and the Environment

    1/22/2026Senate

Bill Text

  • Enacted

    5/26/2026

    PDF

  • Enrolled

    4/10/2026

    PDF

  • Third Reading

    3/18/2026

    PDF

  • First Reading

    1/22/2026

    PDF

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