§ 4–104
Statutes in effect as of October 1, 2026.
(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 § 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 § 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 § 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.