§ 3–105
Statutes in effect as of October 1, 2026.
Md. Code Ann., Land Use § 3-105 (2026)
Title 3. Comprehensive Plan
Subtitle 1. Requirement and Elements
§ 3–105LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Affirmatively further fair housing” has the meaning stated in § 2–401 of the Housing and Community Development Article.
(3)
“Area median income” has the meaning stated in § 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 § 4–1801 of the Housing and Community Development Article.
(b)
In addition to implementing the planning principle in § 1–201(b)(3) of this article, the housing element shall address:
(1)
the provision of an adequate supply of housing to accommodate all current and anticipated future residents of the local jurisdiction;
(2)
the age, structural type, value, and occupancy characteristics of the local jurisdiction’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 § 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. § 91.300.
(2)
(i)
The Department of Planning shall:
(1)
provide a local jurisdiction 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 the local jurisdiction 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 local jurisdiction, including:
(1)
workforce housing; and
(2)
low–income housing.
(f)
(1)
A local jurisdiction has a duty to affirmatively further fair housing through the local jurisdiction’s housing and urban development programs.
(2)
The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2023, shall include an assessment of fair housing to ensure that the local jurisdiction is affirmatively furthering fair housing.
(3)
On request of a local jurisdiction, 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 local jurisdiction to take, or prohibit a local jurisdiction from taking, a specific action to affirmatively further fair housing.