Land Use and Real Property - Accessory Dwelling Units - Requirements and Prohibitions
Summary
SB891 establishes a statewide framework to expand accessory dwelling units (ADUs) on lots zoned for single-family detached residential use. It requires county legislative bodies and municipal corporations to adopt local laws authorizing ADUs by October 1, 2026, and sets baseline rules for how those local laws must operate. The bill defines ADUs, limits them to secondary units on the same lot as a primary single-family detached home, and allows them to be attached, converted from existing structures, or built as detached new structures, subject to size and design limits.
The bill also standardizes local approval and development rules. It requires zoning use permit decisions within 90 days, makes approval ministerial when applications are complete, restricts use of subjective criteria like neighborhood compatibility, limits parking requirements near transit, caps or narrows development impact fees and building excise taxes for smaller units, and restricts utilities from requiring separate water or sewer connections or charging related fees when existing service is sufficient. In addition, it prevents private deed restrictions and similar instruments from unreasonably blocking ADUs on single-family-zoned property, while preserving an exception for historic property. For homeowners associations, it authorizes treating an ADU as a separate lot for voting and assessment purposes.
Impact
SB891 amends the Land Use Article and Real Property Article to create a new Subtitle 5 on Accessory Dwelling Units and to add related protections and HOA authority. It applies these ADU rules to charter counties and Baltimore City through conforming changes, thereby overriding inconsistent local land-use provisions in those jurisdictions where applicable. The bill also limits the ability of private covenants, deeds, bylaws, and similar restrictions to prevent ADU development, and it adds new authority for HOAs to count an ADU as a separate lot for voting and assessments. Overall, the bill expands the legal availability of ADUs statewide while constraining local, utility, and private restrictions that could otherwise impede them.
Sentiment
The voting history suggests strong bipartisan support for the bill. It passed the Senate unanimously and the House by a very large margin, indicating broad agreement on the policy goal of increasing housing options through ADUs. The absence of committee transcript material limits insight into detailed debate, but the overwhelming votes point to a generally favorable sentiment toward the measure.
Contention
The main points of contention implied by the bill text involve local control, parking, utility connections, and private property restrictions. Local governments may be concerned that the bill limits their discretion by requiring ADU authorization, narrowing the use of subjective approval criteria, and restricting parking mandates and impact fees. Utilities may object to limits on requiring separate service connections or charging connection fees. Property owners associations and holders of restrictive covenants may also view the bill as overriding private land-use controls, although the bill preserves an exception for historic properties and allows some local safety and parking standards.