# Local Government (GLG)

## Title 20. Taxes and Development Impact Fees

### Subtitle 1. Tax Procedures

#### Section 20-128

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Development excise tax" means an excise tax imposed by a county or municipality on the construction or improvement of a building.

  (3) "Development impact fee" means a fee imposed by a county or municipality for the purpose of financing any of the capital costs of additional or expanded public works, improvements, and facilities required to accommodate new construction or development.

  (4) "Residential real estate project" includes a mixed-use development that includes residential units.

(b) This section applies only to:

  (1) a county that:

    (i) is a charter county that imposes, by law, development impact fees, surcharges, or development excise taxes;

    (ii) is a code county with public local laws that require the payment of development impact fees, surcharges, or development excise taxes; or

    (iii) is a commission county that:

      (1) has been authorized to enact development impact fees, surcharges, or development excise taxes; and

      (2) has enacted, by local law, development impact fees, surcharges, or development excise taxes; and

  (2) a municipality that imposes, by local law, development impact fees, surcharges, or development excise taxes.

(c)

  (1) Except as provided in paragraphs (2) and (3) of this subsection, any development excise tax or development impact fee imposed on a residential real estate project may not be collected until after:

    (i) construction of the residential real estate project is complete; and

    (ii) all requirements for a certificate of occupancy, occupancy permit, or other local equivalent for the residential real estate project have been met.

  (2) A development excise tax or development impact fee imposed on a residential real estate project may be collected as a precondition to conducting a final inspection, but not more than 30 days before the date of the inspection.

  (3) This subsection does not apply to the collection of a development excise tax or development impact fee that was imposed on a residential real estate project to finance a county debt that was incurred on or before January 1, 2026.

(d) Notwithstanding any other law, a county or municipality that imposes a development excise tax or development impact fee on a residential real estate project may deny, withhold, or revoke a certificate of occupancy, occupancy permit, or other local equivalent if the development excise tax or development impact fee is not paid within a reasonable time period set by the county or municipality.

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Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)