# Land Use (GLU)

## Title 1. Definitions; General Provisions

### Subtitle 4. Home Rule Counties

#### Section 1-409

(a)

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

  (2) "Affirmatively further fair housing" has the meaning stated in Sec. 2-401 of the Housing and Community Development Article.

  (3) "Area median income" has the meaning stated in Sec. 4-1801 of the Housing and Community Development Article.

  (4) "Low-income housing" means housing that is affordable for a household with an aggregate annual income that is below 60% of the area median income.

  (5) "Workforce housing" has the meaning stated in Sec. 4-1801 of the Housing and Community Development Article.

(b) In addition to implementing the planning principle in Sec. 1-201(b)(3) of this title, the housing element shall address:

  (1) the provision of an adequate supply of housing to accommodate all current and anticipated future residents of the county;

  (2) the age, structural type, value, and occupancy characteristics of the county's housing stock;

  (3) the elimination of substandard dwelling conditions; and

  (4) the provision of adequate sites for future housing, including affordable housing.

(c)

  (1) The housing element shall be informed by the following State plans:

    (i) the Fair Housing Choice and Racial and Economic Housing Integration Report, as described in Sec. 2-302 of the Housing and Community Development Article; and

    (ii) the State of Maryland Five Year Consolidated Plan, as required by 24 C.F.R. Sec. 91.300.

  (2)

    (i) The Department of Planning shall:

      (1) provide a charter county with the best available housing data from the U.S. Census Bureau; and

      (2) facilitate, to the extent possible, the provision of data relevant to the preparation of the housing element from other State and federal agencies.

    (ii) The Department of Housing and Community Development shall provide a charter county with the best available State-level housing data.

(d) A housing element may include goals, objectives, policies, plans, and standards.

(e) A housing element shall address the need for affordable housing within the county, including:

  (1) workforce housing; and

  (2) low-income housing.

(f)

  (1) A county has a duty to affirmatively further fair housing through the county's housing and urban development programs.

  (2) The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2025, shall include an assessment of fair housing to ensure that the county is affirmatively furthering fair housing for current and future residents.

  (3) On request of a county, the Department of Planning, in consultation with the Department of Housing and Community Development, shall provide technical assistance for the purpose of developing the housing element of the comprehensive plan.

  (4) This subsection does not require a county to take, or prohibit a county from taking, a specific action to affirmatively further fair housing.

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Md. Code Ann., Land Use (as displayed at mgaleg.maryland.gov, October 16, 2026)