Land Use (GLU) — Title 8. Historic Preservation
Statutes in effect as of October 1, 2026.
Subtitle 1. General Provisions
Md. Code Ann., Land Use § 8-101 (2026)
Title 8. Historic Preservation
Subtitle 1. General Provisions
§ 8–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Appurtenance and environmental setting” includes:
(1)
paved or unpaved walkways and driveways;
(2)
trees;
(3)
landscaping;
(4)
pastures;
(5)
croplands;
(6)
waterways; and
(7)
rocks.
(c)
“Commission” includes a historic district commission or a historic preservation commission.
(d)
“Demolition” includes any willful neglect in the maintenance and repair of a structure, other than the appurtenance and environmental setting of the structure, that:
(1)
is not due to a financial inability to maintain and repair the structure; and
(2)
threatens to result in a substantial deterioration of the exterior features of the structure.
(e)
“District” means a significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or development.
(f)
“Person” includes a unit of local government.
(g)
“Routine maintenance” means work that:
(1)
does not alter the exterior fabric or features of a site or structure; and
(2)
has no material effect on the historical, archaeological, or architectural significance of the site or structure.
(h)
“Site” means the location of:
(1)
an event of historic significance; or
(2)
a structure or ruin that possesses historic, archaeological, or cultural significance.
(i)
(1)
“Structure” means a combination of material to form a construction that is stable.
(2)
“Structure” includes:
(i)
a building;
(ii)
a stadium;
(iii)
a reviewing stand;
(iv)
a platform;
(v)
staging;
(vi)
an observation tower;
(vii)
a radio tower;
(viii)
a water tank or tower;
(ix)
a trestle;
(x)
a bridge;
(xi)
a pier;
(xii)
paving;
(xiii)
a bulkhead;
(xiv)
a wharf;
(xv)
a shed;
(xvi)
a coal bin;
(xvii)
a shelter;
(xviii)
a fence;
(xix)
a display sign that is visible or intended to be visible from a public way; and
(xx)
a part of a structure.
Md. Code Ann., Land Use § 8-102 (2026)
Title 8. Historic Preservation
Subtitle 1. General Provisions
§ 8–102LinkCopy Citation
It is a public purpose in the State to preserve sites, structures, and districts of historical, archaeological, or architectural significance and their appurtenances and environmental settings.
Md. Code Ann., Land Use § 8-103 (2026)
Title 8. Historic Preservation
Subtitle 1. General Provisions
§ 8–103LinkCopy Citation
(a)
The preservation of a designated structure under this title includes preservation of an associated:
(1)
natural land formation; and
(2)
appurtenance and environmental setting.
(b)
This title may not be construed to prevent routine maintenance, customary farming operations, or landscaping that does not have a material effect on the historic, archaeological, or architectural significance of a designated site, structure, or district.
Md. Code Ann., Land Use § 8-104 (2026)
Title 8. Historic Preservation
Subtitle 1. General Provisions
§ 8–104LinkCopy Citation
(a)
The legislative body of each local jurisdiction, by local law, may regulate:
(1)
the construction, reconstruction, alteration, moving, and demolition of sites or structures of historical, archaeological, or architectural significance;
(2)
the construction, reconstruction, alteration, moving, and demolition of sites and structures within districts; and
(3)
the appurtenances and environmental settings of sites and structures within the limits of the local jurisdiction.
(b)
The purpose of a local law adopted under this section is to:
(1)
safeguard the heritage of the local jurisdiction by preserving sites, structures, or districts that reflect elements of cultural, social, economic, political, archaeological, or architectural history;
(2)
stabilize and improve the property values of those sites, structures, or districts;
(3)
foster civic beauty;
(4)
strengthen the local economy; and
(5)
promote the preservation and appreciation of those sites, structures, and districts for the education and welfare of the residents of each local jurisdiction.
Md. Code Ann., Land Use § 8-105 (2026)
Title 8. Historic Preservation
Subtitle 1. General Provisions
§ 8–105LinkCopy Citation
For the purposes of this title, each local jurisdiction may designate boundaries for sites, structures, and districts that are considered to be of historic, archaeological, or architectural significance, by following the procedures of the local jurisdiction for establishing or changing zoning districts and classifications.
Subtitle 2. Commission
Md. Code Ann., Land Use § 8-201 (2026)
Title 8. Historic Preservation
Subtitle 2. Commission
§ 8–201LinkCopy Citation
A local jurisdiction may create a historic district commission or a historic preservation commission.
Md. Code Ann., Land Use § 8-202 (2026)
Title 8. Historic Preservation
Subtitle 2. Commission
§ 8–202LinkCopy Citation
(a)
(1)
A commission shall consist of at least five members.
(2)
A majority of the members of a commission shall be residents of the local jurisdiction that created the commission.
(b)
(1)
Each member of a commission shall have a demonstrated special interest, specific knowledge, or professional or academic training in:
(i)
history;
(ii)
architecture;
(iii)
architectural history;
(iv)
planning;
(v)
archaeology;
(vi)
anthropology;
(vii)
curation;
(viii)
conservation;
(ix)
landscape architecture;
(x)
historic preservation;
(xi)
urban design; or
(xii)
a related discipline.
(2)
A local jurisdiction that creates a commission may establish and publicly adopt additional qualifications for a member of the commission.
(c)
(1)
The term of a member of a commission is 3 years.
(2)
The terms of the members shall be staggered.
(3)
A member is eligible for reappointment.
(4)
The appointing authority shall fill any vacancy on a commission for the unexpired term of the vacant position.
(d)
(1)
A member of a commission may be removed by the appointing authority 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 § 8–501 of the State Government Article; or
(2)
conviction of a crime in accordance with § 8–502 of the State Government Article.
(2)
The appointing authority 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)
(1)
Each local jurisdiction may designate one alternate member for the commission who may sit on the commission when any other member of the commission is absent.
(2)
When the alternate member is absent, the local jurisdiction may designate a temporary alternate.
Md. Code Ann., Land Use § 8-203 (2026)
Title 8. Historic Preservation
Subtitle 2. Commission
§ 8–203LinkCopy Citation
(a)
A commission shall adopt rules and regulations necessary for the conduct of its business.
(b)
An interested person or representative of an interested person may appear and be heard at a public hearing that a commission conducts.
Md. Code Ann., Land Use § 8-204 (2026)
Title 8. Historic Preservation
Subtitle 2. Commission
§ 8–204LinkCopy Citation
Subject to any requirements of the local jurisdiction that relate to the acceptance and use of gifts by public officials, a commission may accept and use gifts as needed to perform its duties.
Md. Code Ann., Land Use § 8-205 (2026)
Title 8. Historic Preservation
Subtitle 2. Commission
§ 8–205LinkCopy Citation
(a)
(1)
Subject to any requirements of the local jurisdiction that relate to the acquisition of easements, a commission may acquire easements in connection with individual sites or structures, or with sites or structures located in or adjacent to a locally designated historic district.
(2)
An easement acquired by a commission may grant to the commission, the residents of the historic district, and the public the right to ensure that any site, structure, or surrounding property on which the easement is applied is protected in perpetuity from changes that would affect the historic, archaeological, or architectural significance of the site, structure, or surrounding property.
(b)
(1)
A commission may designate the Maryland Historical Trust to analyze and make recommendations on the preservation of sites, structures, or districts of historic, archaeological, architectural, or cultural significance within the area the commission serves.
(2)
The recommendations of the Maryland Historical Trust may include:
(i)
proposed boundaries for sites, structures, and districts; and
(ii)
the identification and designation of the sites, structures, and districts to be preserved.
Subtitle 3. Preservation and Permitting
Md. Code Ann., Land Use § 8-301 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–301LinkCopy Citation
(a)
A local jurisdiction shall adopt guidelines for rehabilitation and new construction design for designated sites, structures, and districts that are consistent with those generally recognized by the Maryland Historical Trust.
(b)
The guidelines adopted under this section may include:
(1)
design characteristics intended to meet the needs of particular types of sites, structures, and districts; and
(2)
identification of categories of changes that are so minimal in nature that they do not:
(i)
affect historic, archaeological, or architectural significance; and
(ii)
require review by a commission.
Md. Code Ann., Land Use § 8-302 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–302LinkCopy Citation
(a)
A person shall file an application with the commission before constructing, reconstructing, altering, moving, or demolishing a site or structure located within a locally designated district if any exterior changes are involved that would affect the historic, archaeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way.
(b)
(1)
An application filed under subsection (a) of this section shall be considered and approved or rejected by the commission.
(2)
The commission may reject an application based only on the considerations listed in § 8–303(a) of this subtitle.
(c)
An applicant may not resubmit an application that is identical to a rejected application for 1 year after the rejection.
(d)
A local jurisdiction may not grant a permit for a change to a locally designated site or structure, or to a site or structure located in a locally designated district, until the commission has acted on the application in accordance with § 8–303(a) of this subtitle.
Md. Code Ann., Land Use § 8-303 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–303LinkCopy Citation
(a)
In reviewing an application, a commission shall:
(1)
use the guidelines adopted under § 8–301 of this subtitle; and
(2)
consider:
(i)
the historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological, or architectural significance of the surrounding area;
(ii)
the relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area;
(iii)
the general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used; and
(iv)
any other factors, including aesthetics, that the commission considers pertinent.
(b)
A commission shall consider only the exterior features of a structure.
Md. Code Ann., Land Use § 8-304 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–304LinkCopy Citation
(a)
A commission shall strictly judge plans for sites or structures determined by research to be of historic, archaeological, or architectural significance.
(b)
Unless the plans would seriously impair the historic, archaeological, or architectural significance of the surrounding site or structure, a commission may not strictly judge plans:
(1)
for a site or structure of little historic, archaeological, or architectural significance; or
(2)
involving new construction.
(c)
A commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one period.
Md. Code Ann., Land Use § 8-305 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–305LinkCopy Citation
(a)
A commission shall attempt, with the owner of a site or structure, to formulate an economically feasible plan to preserve the site or structure if:
(1)
an application is submitted for construction, reconstruction, or alteration affecting a site or the exterior of a structure or for the moving or demolition of a structure; and
(2)
the commission considers preservation of the site or structure to be of unusual importance to the local jurisdiction, the State, or the nation.
(b)
Unless the commission is satisfied that the proposed construction, reconstruction, or alteration will not materially impair the historic, archaeological, or architectural significance of the site or structure, the commission shall:
(1)
reject the application; and
(2)
file a copy of its rejection with the building inspector of the local jurisdiction.
(c)
The commission shall have 90 days after the date on which the commission concludes that an economically feasible plan cannot be formulated under this section to negotiate with the owner and other parties to find a means of preserving the site or structure.
(d)
If a site or structure is considered to be valuable for its historic, archaeological, or architectural significance, a commission may approve proposed construction, reconstruction, alteration, moving, or demolition, despite the fact that the changes come within the provisions of this section if:
(1)
the site or structure is a deterrent to a major improvement program that will be of substantial benefit to the local jurisdiction; or
(2)
the retention of the site or structure would:
(i)
cause undue financial hardship to the owner; or
(ii)
not be in the best interests of a majority of persons in the community.
Md. Code Ann., Land Use § 8-306 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–306LinkCopy Citation
(a)
(1)
A commission shall file with the building inspector of the local jurisdiction a certificate of the commission’s approval, approval with conditions, or modification, or written notice of rejection of an application or plan submitted to the commission for review.
(2)
An applicant may not begin work on a project submitted to the commission for review until the commission has filed the certificate of approval, approval with conditions, or modification with the building inspector.
(3)
The building inspector may not issue a building permit for a change or construction submitted to the commission for review until the building inspector has received the certificate of approval, approval with conditions, or modification from the commission.
(b)
If there is no building inspector in the local jurisdiction:
(1)
a commission shall issue a certificate of the commission’s approval, approval with conditions, or modification, or a written notice of rejection, to the owner, lessee, or tenant of the property that is the subject of the application or plan; and
(2)
the owner, lessee, or tenant may not begin the proposed work or change until the commission has issued the certificate of approval, approval with conditions, or modification.
Md. Code Ann., Land Use § 8-307 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–307LinkCopy Citation
If a commission fails to act on a completed application within 45 days after the date when the completed application was filed, the application shall be considered approved unless:
(1)
the applicant and the commission agree to an extension of the 45–day period; or
(2)
the application is withdrawn.
Md. Code Ann., Land Use § 8-308 (2026)
Title 8. Historic Preservation
Subtitle 3. Preservation and Permitting
§ 8–308LinkCopy Citation
Any person aggrieved by a decision of a commission may appeal the decision in the manner provided for an appeal from the decision of the planning commission of the local jurisdiction.
Subtitle 4
Md. Code Ann., Land Use § 8-401 (2026)
Title 8. Historic Preservation
Subtitle 4
§ 8–401LinkCopy Citation
(a)
(1)
Each local jurisdiction in which a district is designated may enact local laws requiring that:
(i)
utility companies relocate existing overhead lines and facilities underground within the defined part of the district or the entire district; and
(ii)
if necessary, private owners who receive service from the relocated lines and facilities place any connection underground.
(2)
A local law enacted under this section shall:
(i)
require that the estimated cost to property owners for work performed on private property be determined and made available to affected property owners;
(ii)
provide financing for these costs to private owners, including financing for any charges for the amortization of bonds issued to initially cover private costs; and
(iii)
include any other provisions reasonably related to placing overhead lines and facilities underground and administering underground relocation projects.
(b)
(1)
Except as otherwise provided in this section, the Public Service Commission shall:
(i)
determine the amount of the monthly surcharge required to support the net capital costs of an underground relocation and determine which customers of the applicable utility are subject to the surcharge;
(ii)
include the related net capital costs in the rate base; or
(iii)
adopt any other method to appropriately apportion the costs.
(2)
A utility may not be required to pay more than one–half of the net capital costs of an underground relocation.
(c)
A local jurisdiction may appropriate money for underground relocation projects from any federal, State, and local funds the local jurisdiction receives for that purpose.
(d)
(1)
In implementing subsection (a)(2)(ii) of this section, the local jurisdiction may enter into an agreement with individual property owners under which the local jurisdiction agrees to advance funds to cover the property owners’ costs for the relocation of the overhead lines and facilities.
(2)
(i)
The local jurisdiction may appropriate money, impose taxes, or borrow money to pay and advance the costs of an underground relocation.
(ii)
In order to recapture expended costs, the local jurisdiction may:
(1)
impose a benefit assessment against property in the district on behalf of which the utility is relocated underground; and
(2)
provide for the collection of the assessment.
Subtitle 5. Accessory Dwelling Units
Md. Code Ann., Land Use § 8-501 (2026)
Title 8. Historic Preservation
Subtitle 5. Accessory Dwelling Units
§ 8–501LinkCopy Citation
A commission may request that the appropriate enforcement authority of the local jurisdiction seek any of the remedies and penalties provided by law for any violation of a local law adopted under this title.