MarylandSB 08912025 Regular SessionSenateWALLET

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

Sponsored By: Mary Washington (Democratic)

Signed by Governor

Local Government - GenerallyReal PropertyBaltimore CityBoundariesChartered 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 & TaxesHomeowners 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 PermitsTimeUtilities -see also- Recycl; Refuse; Sewage; Teleph; WaterWaiversZoning and Planning

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Bill Overview

Analyzed Economic Effects

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

Fewer building limits for homeowners' secondary homes

Beginning October 1, 2025, the law sets limits on local rules for accessory dwellings. Local enabling laws must exclude these homes from density calculations and residential-growth limits applying to the property. Required distances from side and rear property lines cannot exceed existing requirements for accessory structures.

Homeowners gain protection from private housing restrictions

Beginning October 1, 2025, private restrictions cannot unreasonably limit an owner's ability to build or rent an accessory dwelling. This covers deed covenants, contracts, homeowners association rules, and other property documents. Owners must have exclusive use rights and follow applicable laws; unreasonable limits include bans and restrictions that significantly increase development costs. The protection excludes properties listed in, or determined eligible for, the Maryland Register of Historic Properties. Short-term rental restrictions are not considered unreasonable under this rule.

Homeowners gain a path for secondary homes

Effective October 1, 2025, Maryland requires local governments to adopt laws allowing accessory dwellings by October 1, 2026. This framework covers single-family residential land with a primary detached single-family home. The secondary home can be attached or separate, must remain subordinate in use, and cannot exceed 75% of the primary home's size. It must share the property and provide sanitation, cooking, eating, and sleeping facilities. Projects must meet health, safety, building-code, and adequate public-facility standards.

Secondary homes face parking and safety rules

Beginning October 1, 2025, local governments can require extra off-street parking for accessory dwellings, with a waiver process. Before adopting requirements, they must complete a parking study. The study must consider construction costs, curb space, paved-surface and stormwater effects, and property size. Local governments can also set safety standards for these homes. They can ban full or partial conversion of an accessory structure whose only vehicle access is from an alley.

Secondary homes can change association dues, votes

Beginning October 1, 2025, homeowners associations can count an accessory dwelling as a separate lot for voting and assessments. Separate-lot treatment can increase an owner's dues and change voting power; associations choose whether to use it. Assessment authority overrides specified governing-document limits, including caps on increases and limits tying assessments to each lot. Associations can also raise assessments beyond governing-document caps to cover legally required reserve funding.

Sponsors & Cosponsors

Sponsor

Mary Washington
Democratic • Senate

Cosponsors

Cheryl C. Kagan
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 181 • No: 3

House vote • 4/7/2025

Third Reading Passed

Yes: 136 • No: 3 • Other: 2

Senate vote • 3/28/2025