# Land Use (GLU)

## Title 4. Zoning

### Subtitle 1. Powers

#### Section 4-101

(a) It is the policy of the State that:

  (1) the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and

  (2) planning and zoning controls shall be implemented by local government.

(b) To achieve the public purposes of this regulatory scheme, it is the policy of the General Assembly and the State that local government action will displace or limit economic competition by owners and users of property through the planning and zoning controls set forth in this division and elsewhere in the public general and public local laws.

#### Section 4-102

To promote the health, safety, and general welfare of the community, a legislative body may regulate:

(1) the height, number of stories, and size of buildings and other structures;

(2) the percentage of a lot that may be occupied;

(3) off-street parking;

(4) the size of yards, courts, and other open spaces;

(5) population density; and

(6) the location and use of buildings, signs, structures, and land.

#### Section 4-103

(a) When zoning or rezoning land under this division, a legislative body may impose any additional conditions or limitations that the legislative body considers appropriate to improve or protect the general character and design of:

  (1) the land and improvements being zoned or rezoned; or

  (2) the surrounding or adjacent land and improvements.

(b) A municipal corporation may include in an annexation agreement conditions and limitations on the use of land and density of development otherwise allowed in the zoning district where the land is located.

(c) When zoning or rezoning land under this division, to ensure conformity with the intent and purpose of this division and of the local jurisdiction's zoning law, a legislative body may retain the power to approve or disapprove:

  (1) the design of buildings, construction, landscaping, or other improvements; and

  (2) changes made or to be made on the land being zoned or rezoned.

(d) The powers provided in this section shall apply only if the legislative body adopts a local law that includes:

  (1) enforcement procedures; and

  (2) requirements for adequate notice of:

    (i) public hearings; and

    (ii) conditions and limitations sought to be imposed.

#### Section 4-104

(a)

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

  (2) "Adequate parking study" means a data-supported analysis prepared for a development by a local jurisdiction to evaluate whether one or more parking requirements, parking ratios, or parking management standards potentially imposed on a development are justified to address local parking issues.

  (3) "Mixed-use" has the meaning stated in Sec. 7-501 of this article.

  (4) "Modular dwelling" means a building assembly or system of building subassemblies designed for habitation as a dwelling for one or more individuals:

    (i) that includes the necessary electrical, plumbing, heating, ventilating, and other service systems;

    (ii) that is made or assembled by a manufacturer on or off the building site for installation, or assembly and installation, on the building site; and

    (iii) installed and set up according to the manufacturer's instructions on an approved foundation and support system.

(b)

  (1) The powers granted to a local jurisdiction under this subtitle do not:

    (i) grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;

    (ii) restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;

    (iii) authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or

    (iv) preempt or supersede the regulatory authority of any unit of the State under any public general law.

  (2) Subsections (c)(2) and (e) of this section do not apply to:

    (i) a rail station located on the campus of an institution of higher education, as defined in Sec. 10-101 of the Education Article; or

    (ii) property that:

      (1) is partially located outside:

      (A) for the provisions in subsection (c)(2) of this section, 0.25 miles of the rail transit station; or

      (B) for the provisions in subsection (e) of this section, 0.5 miles of the rail transit station; or

      (2) is in an area that was zoned for single-family residential use on January 1, 2026.

(c)

  (1)

    (i) If a legislative body regulates off-street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.

    (ii) A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.

  (2) Except as provided in paragraph (3) of this subsection, a legislative body or other local agency with land use authority may not impose a minimum off-street parking requirement on a residential or mixed-use development that is located within 0.25 miles of a rail transit station that receives at least hourly service on average from 8:00 a.m. until 6:00 p.m. Monday through Friday.

  (3)

    (i) A legislative body or other local agency with land use authority may impose a minimum off-street parking requirement on a residential or mixed-use development that is located within 0.25 miles of a rail transit station that receives at least hourly service on average from 8:00 a.m. until 6:00 p.m. Monday through Friday if:

      (1) the legislative body or other local agency has performed an adequate parking study within the 3 years prior to the submission of a development application; and

      (2) the Department of Transportation concurred in the findings of the parking study.

    (ii)

      (1) The Department of Transportation shall provide its decision on the findings of the adequate parking study within 45 days after the findings are submitted to the Department.

      (2) Failure to provide a decision within 45 days shall be deemed as the Department of Transportation concurring with the findings of the adequate parking study.

(d) A legislative body may not prohibit the placement of a new manufactured home or modular dwelling in a zone that allows single-family residential uses if the home or dwelling:

  (1)

    (i) meets the definition of modular dwelling under subsection (a) of this section; or

    (ii) meets the definition of a manufactured home in Sec. 9-102(a) of the Commercial Law Article and is, or will be after purchase, converted to real property in accordance with Title 8B, Subtitle 2 of the Real Property Article; or

  (2) is located on land:

    (i) currently or previously owned by the federal government;

    (ii) greater than 80 acres in size; and

    (iii) that was the site of a former U.S. military reservation.

(e) A local jurisdiction's zoning regulations shall allow mixed-use development on land designated for residential use or appropriate commercial use for mixed-use development within 0.5 miles of a rail transit station that receives at least hourly service on average from 8:00 a.m. until 6:00 p.m. Monday through Friday.

(f) For land that is owned by the State, Baltimore City, or the Washington Metropolitan Area Transit Authority that is in use for a transportation purpose contiguous to a rail transit station that receives at least hourly service on average from 8:00 a.m. until 6:00 p.m. Monday through Friday, a legislative body or other local agency with land use authority may not impose limitations or restrictions on land use classification, height, or setback, or any similar requirements if the land is subject to a transit-oriented development plan approved by the Department of Transportation and developed in coordination with the local jurisdiction.

(g) Subsections (e) and (f) of this section may not be construed to alter the land use authority of a local jurisdiction governing:

  (1) environmental or natural resources concerns;

  (2) public health and safety considerations; or

  (3) adequate public facilities ordinances.

### Subtitle 2. Designation and Adoption

#### Section 4-201

(a) A legislative body may divide the local jurisdiction into districts and zones of any number, shape, and area that the legislative body considers best suited to carry out the purposes of this division.

(b)

  (1) Within the districts and zones, the legislative body may regulate the construction, alteration, repair, or use of buildings, structures, or land.

  (2) Except as otherwise provided in this division or authorized by law:

    (i) zoning regulations shall be uniform for each class or kind of development throughout each district or zone; but

    (ii) zoning regulations in one district or zone may differ from those in other districts or zones.

#### Section 4-202

(a) The legislative body shall adopt zoning regulations:

  (1) in accordance with the plan;

  (2) with reasonable consideration for, among other things, the character of the district or zone and its suitability for particular uses; and

  (3) with a view to conserving the value of property and encouraging orderly development and the most appropriate use of land.

(b) The zoning regulations shall be designed to:

  (1) control street congestion;

  (2) promote health, public safety, and general welfare;

  (3) provide adequate light and air;

  (4) promote the conservation of natural resources;

  (5) prevent environmental pollution;

  (6) properly manage growth and development; and

  (7) promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities.

#### Section 4-203

(a) A legislative body shall provide for the manner in which its zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.

(b)

  (1) A legislative body shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.

  (2)

    (i) The legislative body shall publish notice of the time and place of the public hearing, together with a summary of the proposed zoning regulation or boundary, in at least one newspaper of general circulation in the local jurisdiction once each week for 2 successive weeks.

    (ii) The legislative body shall publish the first notice of the hearing at least 14 days before the hearing.

  (3) The zoning regulation or boundary may not become effective until 10 days after the hearing or hearings.

#### Section 4-204

(a) Zoning regulations and boundaries may be amended or repealed.

(b)

  (1) If the purpose and effect of a proposed map amendment is to change a zoning classification, the legislative body shall make findings of fact that address:

    (i) population change;

    (ii) the availability of public facilities;

    (iii) present and future transportation patterns;

    (iv) compatibility with existing and proposed development for the area;

    (v) the recommendation of the planning commission; and

    (vi) the relationship of the proposed amendment to the local jurisdiction's plan.

  (2) The legislative body may grant the amendment to change the zoning classification based on a finding that there was:

    (i) a substantial change in the character of the neighborhood where the property is located; or

    (ii) a mistake in the existing zoning classification.

  (3) The legislative body shall keep a complete record of a hearing on an application for reclassification and the votes of the members of the legislative body.

  (4) A legislative body may not allow the filing of an application for a reclassification of all or part of any land for which a reclassification has been denied by the legislative body on the merits in the 12 months before the date of the application.

  (5) The provisions of Sec. 4-203(b) of this subtitle concerning public hearings and notice apply to applications for reclassification.

#### Section 4-205

(a) A legislative body may authorize the planning director or another designee to grant an administrative adjustment from the following requirements in a zoning law enacted by the legislative body:

  (1) height;

  (2) setback;

  (3) bulk;

  (4) parking;

  (5) loading, dimensional, or area; or

  (6) similar requirements.

(b) Before developing criteria and procedures for administrative adjustments under this section, the legislative body shall:

  (1) consult with the planning commission and the board of appeals; and

  (2) provide:

    (i) reasonable public notice of the proposed criteria and procedures;

    (ii) an opportunity for a public hearing; and

    (iii) an opportunity for public review and comment.

(c) The criteria for an administrative adjustment shall include:

  (1) standards for actions on requests;

  (2) standards for the classes of development that are eligible for an administrative adjustment; and

  (3) the maximum variation from a zoning requirement that is allowed under an administrative adjustment.

(d) Procedures for administrative adjustments may address:

  (1) applications;

  (2) notice to the public and to the parties in interest;

  (3) an opportunity for a public hearing;

  (4) an opportunity for the taking of testimony and evidence; and

  (5) decision making.

(e) A decision on an application for an administrative adjustment shall include written findings of fact and conclusions of law.

(f) By enacting a local law or adopting a procedure, a legislative body may authorize the appeal to the board of appeals of a decision to approve or deny an administrative adjustment.

(g) Nothing in this section is intended to authorize a local jurisdiction to allow an administrative adjustment to State or local requirements that are intended to protect environmentally sensitive areas such as streams, slopes, wetlands, natural heritage areas, or critical areas.

#### Section 4-206

(a) By local law, a legislative body may specify in a zoning law the allowable modifications that may be made by a variance.

(b) The modifications in a variance:

  (1) may be only of density, bulk, dimensional, or area requirements of the zoning law;

  (2) may be only allowed where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty as specified in the zoning law; and

  (3) may not be contrary to the public interest.

#### Section 4-207

(a) On application by a property owner, a legislative body may authorize how the uses allowed in a zoning classification are to be applied to a particular improved property by granting an adaptive reuse.

(b) Before granting an adaptive reuse, the legislative body shall make specific findings, supported by facts in the record, that:

  (1) the change is consistent with the plan for the local jurisdiction;

  (2) the change is in the public interest and provides a positive benefit to the community; and

  (3) literal enforcement of the zoning classification would deprive the owner of all reasonable economically viable use of the property.

#### Section 4-208

A legislative body shall provide for exceptions to the zoning law when necessary to bring an existing parking lot into compliance with the requirements for parking spaces for individuals with disabilities and the van-accessible parking ratio requirement of the Maryland Accessibility Code adopted under Sec. 12-202 of the Public Safety Article.

#### Section 4-209

(a) A legislative body may appoint full- and part-time hearing examiners that it considers necessary and appropriate.

(b)

  (1) A legislative body may delegate to a hearing examiner the power to conduct a public hearing under Sec.Sec. 4-204 and 4-205 of this subtitle.

  (2) A hearing shall be conducted under rules the legislative body adopts.

(c) A hearing examiner shall recuse himself or herself from participating in a matter in which the hearing examiner may have a conflict of interest or the appearance of a conflict of interest.

(d) A legislative body shall determine the term of office, required qualifications, and compensation of a hearing examiner employed by the local jurisdiction.

(e) A hearing examiner shall issue a written recommendation in the time, manner, and form required by the legislative body.

#### Section 4-210

(a) In this section, "critical area" includes the areas designated as the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area under Sec. 8-1807 of the Natural Resources Article.

(b) This section does not apply in the critical area.

(c) For the purposes of issuing a permit or variance relating to zoning, construction, or stormwater for a project to install a solar panel, any calculation relating to the impervious surface of the project required by the State or local governing authority issuing the permit or variance may include only the foundation or base supporting the solar panel.

#### Section 4-211

(a) In this section, "energy generating system" means an energy generating system:

  (1) for which a certificate of public convenience and necessity is required by State law; or

  (2)

    (i) for which a certificate of public convenience and necessity is not required by State law; and

    (ii) that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.

(b) If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:

  (1) a substantial change in the character of the neighborhood where the property is located; or

  (2) a mistake in the existing zoning classification.

#### Section 4-212

(a)

  (1) In this section, "agritourism" means an activity conducted on a farm that is offered to a member of the general public or to invited guests for the purpose of education, recreation, or active involvement in the farm operation.

  (2) "Agritourism" includes:

    (i) farm tours;

    (ii) hayrides;

    (iii) corn mazes;

    (iv) seasonal petting farms;

    (v) farm museums;

    (vi) guest farms;

    (vii) pumpkin patches;

    (viii) "pick your own" or "cut your own" produce;

    (ix) camping;

    (x) incidental outdoor stays;

    (xi) classes related to agricultural products or skills; and

    (xii) picnic and party facilities offered in conjunction with any agritourism activity.

(b) A local jurisdiction may adopt the definition of "agritourism" as defined in this section by local ordinance, resolution, law, or rule.

#### Section 4-213

(a)

  (1) In this section, "alcohol production" means an activity that is:

    (i) carried out by a license holder, as defined in Sec. 1-101 of the Alcoholic Beverages and Cannabis Article; and

    (ii) related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages.

  (2) "Alcohol production" includes the use of an area to:

    (i) provide tastings of alcoholic beverages; or

    (ii) accommodate the license holder's customers.

(b) A local jurisdiction may adopt the definition of "alcohol production" as defined in this section by local ordinance, resolution, law, or rule.

#### Section 4-214

(a)

  (1) In this section, "agricultural alcohol production" means an activity that:

    (i) is carried out by a license holder, as defined in Sec. 1-101 of the Alcoholic Beverages and Cannabis Article;

    (ii) occurs on agricultural land; and

    (iii) is related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages that use ingredients produced on the agricultural land or any associated agricultural land.

  (2) "Agricultural alcohol production" includes the use of an area to:

    (i) provide tastings of alcoholic beverages; or

    (ii) accommodate the license holder's customers.

(b) A local jurisdiction may adopt the definition of "agricultural alcohol production" as defined in this section by local ordinance, resolution, law, or rule.

#### Section 4-215

(a)

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

  (2) "Integrated vegetation management" means:

    (i) the use of a scientifically established combination of nonchemical methods for creating and maintaining a stable low-growing plant community, including manual, mechanical, or biological means of removal or suppression of any species that is not compatible with that plant community; and

    (ii) when the methods under item (i) of this paragraph have been exhausted or have been scientifically demonstrated to be ineffective for pollinator-friendly habitats, the use of the least toxic chemical methods available used in a manner that minimizes the use of these chemical methods and the risks to native pollinators and other native wildlife, native plants, human health, and the environment.

  (3) "Low-growing plant community" means a collection of plant species that typically appear growing together on landscapes where trees have been:

    (i) removed; or

    (ii) prevented from becoming established due to:

      (1) soil and moisture conditions;

      (2) natural physical disturbance;

      (3) animal herbivory; or

      (4) human activity.

  (4) "Native plant" means a plant listed as native to the State:

    (i) by the Maryland Biodiversity Project; or

    (ii) in the Maryland Plant Atlas or "Vascular Plants of Maryland, USA: A Comprehensive Account of the State's Botanical Diversity", as revised.

  (5) "Nonnative invasive plant" means a plant listed in the Center for Invasive Species and Ecosystem Health's Mid-Atlantic Invaders Tool.

  (6)

    (i) "Pollinator-friendly vegetation management" means landscape management that:

      (1) creates habitats for native pollinators and other native wildlife and native plants that together form an interdependent natural community; and

      (2) provides food, water, cover, or sites for nesting.

    (ii) "Pollinator-friendly vegetation management" includes:

      (1) employing no-mow methods, such as hand-cutting, pulling plants, and biocontrols to minimize disturbances to habitats;

      (2) employing rotational mowing cycles:

      (A) to promote the availability of standing vegetation and habitat; and

      (B) under which not more than half of a utility-designated pollinator area is mowed during a single fall and winter season;

      (3) using integrated vegetation management to maintain low-growing plant communities by controlling plant species, such as trees and nonnative invasive plants, in a manner that reduces the need to mow and minimizes the risk to native pollinators and other native wildlife, native plants, human health, and the environment; and

      (4) using scientifically accepted approaches for the protection of the State's rare, threatened, or endangered plant and wildlife species.

  (7) "Public service company" has the meaning stated in Sec. 1-101 of the Public Utilities Article.

  (8) "Unreasonable limitation on pollinator-friendly vegetation management" includes a limitation that:

    (i) significantly increases the cost of pollinator-friendly vegetation management;

    (ii) significantly decreases the efficacy of pollinator-friendly vegetation management; or

    (iii) requires cultivated vegetation to consist wholly or partly of turf grass.

  (9) "Utility-designated pollinator area" means property, including any right-of-way or easement:

    (i) that is maintained by a public service company;

    (ii) for which the public service company has exclusive maintenance rights; and

    (iii) that is voluntarily identified by the public service company as an area that will be maintained with pollinator-friendly vegetation management to support pollinators.

(b) This section:

  (1) does not apply to a limitation imposed by a local jurisdiction on pollinator-friendly vegetation management performed or overseen by a public service company on its property, including a right-of-way or an easement, located on or below:

    (i) a trail overlap;

    (ii) a park overlap; or

    (iii) active farmland; and

  (2) may not be construed to:

    (i) prohibit a local jurisdiction from imposing a land use restriction on the type, number, or location of pollinator-friendly vegetation management features that pertain to:

      (1) the safe and dependable delivery of energy products; or

      (2) human health and safety; or

    (ii) limit or restrict mowing outside of a utility-designated pollinator area.

(c) A local jurisdiction may not impose any unreasonable limitation, including a land use restriction, on a utility-designated pollinator area maintained by a public service company, if:

  (1) the utility-designated pollinator area is subject to a Candidate Conservation Agreement between the U.S. Fish and Wildlife Service and the public service company; or

  (2) the public service company maintains and regularly tends to the utility-designated pollinator area by performing or overseeing pollinator-friendly vegetation management in accordance with subsection (d) of this section.

(d) A public service company that chooses to perform or oversee pollinator-friendly vegetation management in a utility-designated pollinator area shall, as part of its pollinator-friendly vegetation management, mow the utility-designated pollinator area:

  (1) only from November 1 through March 31, inclusive, and not more than once every other year; or

  (2) only from October 1 through April 30, inclusive, and not more than once every other year if the utility-designated pollinator area is located in the Appalachian Plateau province or the Ridge and Valley province as defined by the Maryland Geological Survey.

#### Section 4-216

(a)

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

  (2) "Family child care home" has the meaning stated in Sec. 9.5-301 of the Education Article.

  (3) "Large family child care home" has the meaning stated in Sec. 9.5-301 of the Education Article.

(b) A local jurisdiction may not, by local ordinance, resolution, law, or rule, limit the number of children for which a family child care home or large family child care home provides family child care to below the number authorized by the State Department of Education.

#### Section 4-217

(a)

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

  (2) "Central natural area" means an area within the Patuxent Research Refuge or the Beltsville Agricultural Research Center that provides habitat for native flora and fauna, including forests, woodlands, wetlands, meadows, and early successional grasslands and shrublands.

  (3) "Local zoning authority" means:

    (i) for land located in Anne Arundel County, the Anne Arundel County Council or other body with authority to designate zoning classifications; or

    (ii) for land located in the Maryland-Washington Regional District established under Title 20, Subtitle 1 of this article, a district council, as defined in Sec. 14-101 of this article.

(b) Any federally owned land that is part of the property known as the Patuxent Research Refuge shall be designated and maintained in a zoning classification that restricts the uses to open space, reserved open space, or other resource conservation uses.

(c) If the federal government or any assignee sells, leases, licenses, or otherwise encumbers any portion of land that is part of the property known as the Patuxent Research Refuge, the local zoning authority shall continue a zoning classification for that property that:

  (1) restricts the uses to open space, reserved open space, or other resource conservation uses; and

  (2) does not permit commercial, industrial, or residential uses.

(d) A central natural area in the property known as the Patuxent Research Refuge may not be converted to be used for agriculture, active recreation, forestry, or other plant harvesting.

(e) Prior to any development on land in the property known as the Patuxent Research Refuge, the local zoning authority shall:

  (1) hold a public hearing; and

  (2) make a final decision, in consultation with the Maryland Department of Natural Resources and the Maryland Department of the Environment, that the proposed development will not have a substantial impact on any land in a central natural area.

### Subtitle 3. Board of Appeals

#### Section 4-301

(a) A legislative body shall provide for the appointment of a board of appeals.

(b) The legislative body may not serve as the board of appeals.

#### Section 4-302

(a) A board of appeals consists of at least three members.

(b) A member of a board of appeals shall be appointed by the local executive and confirmed by the legislative body.

(c) The term of office of a member of a board of appeals is 3 years.

(d)

  (1) A member of a board of appeals may be removed by the local executive for:

    (i) incompetence;

    (ii) misconduct; or

    (iii) in the same manner as for a member of a State board or commission:

      (1) failure to attend meetings under Sec. 8-501 of the State Government Article; or

      (2) conviction of a crime in accordance with Sec. 8-502 of the State Government Article.

  (2) The local executive shall provide to the member:

    (i) a written statement of charges stating the grounds for removal; and

    (ii) an opportunity for a public hearing to contest the charges.

(e) The appointing authority shall appoint a new member to fill the unexpired term of any member who leaves a board of appeals.

(f)

  (1) A legislative body shall designate one or more alternate members for the board of appeals who may sit on the board when another member of the board is absent or recused.

  (2) When an alternate member is absent or recused, the legislative body may designate a temporary alternate.

#### Section 4-303

(a)

  (1) The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board.

  (2) The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses.

  (3) All meetings of a board of appeals shall be open to the public.

(b) A member of a board of appeals may receive compensation that the legislative body considers appropriate.

#### Section 4-304

(a) A board of appeals shall adopt rules in accordance with any local law adopted under this division.

(b) A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.

(c)

  (1)

    (i) A board of appeals shall make a recording of all proceedings with a contemporaneous written record showing the vote of each member on each question or the member's absence or failure to vote.

    (ii)

      (1) A board of appeals shall immediately file the recording of its proceedings in the office of the board.

      (2) The recording shall be a public record.

  (2) If a recording or a transcript of a recording is not prepared in the normal course of the board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

#### Section 4-305

A board of appeals may:

(1) hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division;

(2) hear and decide special exceptions to the terms of a local law on which the board is required to pass under the local law; and

(3) authorize on appeal in specific cases a variance from the terms of a local law.

#### Section 4-306

(a) An appeal to the board of appeals may be filed by:

  (1) a person aggrieved by a decision of the administrative officer or unit; or

  (2) an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit.

(b) A person shall file an appeal within a reasonable time  provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal.

(c) The administrative officer or unit from whose action the appeal is taken shall transmit promptly to the board all papers constituting the record of the action appealed.

(d)

  (1) Except as provided in paragraph (2) of this subsection, an appeal to a board of appeals stays all proceedings in furtherance of the action appealed.

  (2) If an administrative officer or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals or the circuit court may stay the proceedings:

    (i) only for good cause shown; and

    (ii) through issuing a restraining order after notice is given to the administrative officer or unit.

(e)

  (1) A board of appeals shall:

    (i) establish a reasonable time for the hearing of an appeal;

    (ii) give public notice of the existence of the appeal and of the hearing;

    (iii) give due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the board of appeals; and

    (iv) decide the appeal within a reasonable time.

  (2) At a hearing, a party may:

    (i) appear in person; or

    (ii) be represented by an agent or attorney.

(f)

  (1) A board of appeals may, in conformity with this division:

    (i) wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;

    (ii) wholly or partly affirm the order, requirement, or decision that is the subject of the appeal;

    (iii) modify the order, requirement, or decision that is the subject of the appeal; or

    (iv) issue a new order, requirement,  or decision.

  (2) The board of appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.

### Subtitle 4. Judicial Review

#### Section 4-401

(a) Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county:

  (1) a person aggrieved by the decision or action;

  (2) a taxpayer; or

  (3) an officer or unit of the local jurisdiction.

(b) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.

(c) This section does not change the existing standards for judicial review of a zoning action.

#### Section 4-402

(a) Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo.

(b)

  (1) If, after a hearing, the circuit court determines that testimony is needed for the proper disposition of the matter, the court may take evidence or appoint a special magistrate to:

    (i) take the required evidence; and

    (ii) report the evidence to the court with the special magistrate's findings of fact and conclusions of law.

  (2) The special magistrate's evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.

#### Section 4-403

The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted:

(1) with gross negligence;

(2) in bad faith; or

(3) with malice.

#### Section 4-404

All issues in any proceeding under this subtitle shall be scheduled and heard before all other civil actions and proceedings.

#### Section 4-405

(a) After deciding a judicial review under this subtitle, the circuit court shall file a written order and opinion embodying the reasons for its decision.

(b)

  (1) A party may file an appeal of a judgment of the circuit court with the Appellate Court of Maryland during the period and in the manner required by the Maryland Rules.

  (2) The Appellate Court of Maryland may award costs in any appeal to that court under this subsection.

#### Section 4-406

(a) In addition to the judicial review provided under this subtitle, a legislative body may allow judicial review by the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction.

(b) A judgment of the circuit court under this section may be appealed to the Appellate Court of Maryland.

### Subtitle 5. Accessory Dwelling Units

#### Section 4-501

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Accessory dwelling unit" means a secondary dwelling unit that is:

    (i) on the same lot, parcel, or tract as a primary single-family detached dwelling unit; and

    (ii) not greater than 75% of the size of and subordinate in use to the primary single-family detached dwelling unit.

  (2) "Accessory dwelling unit" includes a structure that is:

    (i) separate from the primary single-family detached dwelling unit; or

    (ii) attached as an addition to the primary single-family detached dwelling unit.

(c)

  (1) "Dwelling unit" means a single unit providing complete living facilities for at least one individual, including, at a minimum, provisions for sanitation, cooking, eating, and sleeping.

  (2) "Dwelling unit" does not include a unit in a multifamily residential building.

(d) "Utility" means water or sewer disposal services provided by:

  (1) a private company regulated under Division I of the Public Utilities Article;

  (2) the Washington Suburban Sanitary Commission regulated under Division II of the Public Utilities Article;

  (3) a sanitary commission regulated under Title 9, Subtitle 6 of the Environment Article; or

  (4) a municipal authority regulated under Title 9, Subtitle 7 of the Environment Article.

#### Section 4-502

This subtitle applies only to the development of accessory dwelling units on land with a single-family detached dwelling unit as the primary dwelling unit.

#### Section 4-503

(a) It is the policy of the State to promote and encourage the creation of accessory dwelling units on land with a single-family detached dwelling unit as the primary dwelling unit in order to meet the housing needs of the citizens of Maryland.

(b)

  (1) Except as provided in this subtitle and subject to paragraph (2) of this subsection, this subtitle does not alter or abrogate any zoning power or related authority granted to a local jurisdiction under this title.

  (2) Local jurisdictions shall establish policies that further the intent of this subtitle.

#### Section 4-504

(a)

  (1) On or before October 1, 2026, each legislative body shall adopt a local law authorizing the development of accessory dwelling units in accordance with this section.

  (2) A legislative body may adopt a local law that:

    (i) establishes standards for accessory dwelling unit safety; and

    (ii) prohibits the full or partial conversion of an accessory structure as an accessory dwelling unit if the only vehicular access to the accessory structure is from an alley.

(b) A local law adopted under this section shall provide for construction of accessory dwelling units that meet public health, safety, and welfare standards, including relevant building codes and adequate public facilities provisions.

(c) A local law adopted under this section shall exclude the development of an accessory dwelling unit from the calculation of density and the application of any measures limiting residential growth that pertain to the lot, parcel, or tract proposed for the development of the accessory dwelling unit.

(d) A local law adopted under this section may not establish setback requirements that exceed the existing accessory structure setback requirements from the side and rear lot lines.

(e)

  (1)

    (i) A local law adopted under this section may establish additional off-street parking requirements that consider:

      (1) the cost to construct off-street parking spaces;

      (2) whether sufficient curb area exists along the front line of the property to accommodate on-street parking;

      (3) the increase in impervious surface due to the creation of new off-street parking and the relation to any applicable stormwater management plans; and

      (4) variability due to the size of the lot, parcel, or tract on which the accessory dwelling unit or primary dwelling is located.

    (ii) A local law adopted under this paragraph shall provide for a waiver process from the parking requirements.

  (2) Before adopting a local law under paragraph (1) of this subsection, a legislative body shall complete a parking study to determine the applicable needs and restrictions in the jurisdiction.

---

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