EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0871*
SENATE BILL 871
L6, N1 2lr2393
CF 2lr0726
By: Senator Washington
Introduced and read first time: February 7, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Accessory Dwelling Unit Authorization and Promotion Act 2
FOR the purpose of requiring, on or before a certain date, each legislative body to adopt a 3
local law authorizing the development of accessory dwelling units on land zoned for 4
single–family residential use subject to certain requirements; providing for 5
requirements for approval of a zoning use permit application, the calculation of 6
development impact fees or building excise taxes, and restrictions on the ability of a 7
utility to require a certain connection or charge a certain fee; prohibiting a restriction 8
on use in an instrument affecting the transfer or sale of real property or any other 9
interest in real property from imposing or acting to impose certain limitations on the 10
development or use of accessory dwelling units on property zoned for single–family 11
residential use; and generally relating to the development and use of accessory 12
dwelling units. 13
BY repealing and reenacting, without amendments, 14
Article – Land Use 15
Section 1–401(a) and (c), 1–402, and 10–103(a) 16
Annotated Code of Maryland 17
(2012 Volume and 2021 Supplement) 18
BY adding to 19
Article – Land Use 20
Section 1–401(b)(16); 4–501 through 4–509 to be under the new subtitle “Subtitle 5. 21
Accessory Dwelling Unit Authorization and Promotion Act”; and 22
10–103(b)(15) 23
Annotated Code of Maryland 24
(2012 Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Land Use 27
Section 1–401(b)(16) through (27) and 10–103(b)(15) through (20) 28 2 SENATE BILL 871
Annotated Code of Maryland 1
(2012 Volume and 2021 Supplement) 2
BY adding to 3
Article – Real Property 4
Section 2–126 5
Annotated Code of Maryland 6
(2015 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Land Use 10
1–401. 11
(a) Except as provided in this section, this division does not apply to charter 12
counties. 13
(b) The following provisions of this division apply to a charter county: 14
(16) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNIT 15
AUTHORIZATION AND PROMOTION ACT); 16
[(16)] (17) § 5–102(d) (Subdivision regulations – Burial sites); 17
[(17)] (18) § 5–104 (Major subdivision – Review); 18
[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 19
[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 20
[(20)] (21) except in Montgomery County or Prince George’s County, Title 21
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 22
[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 23
[(22)] (23) § 8–401 (Conversion of overhead facilities); 24
[(23)] (24) for Baltimore County only, Title 9, Subtitle 3 (Single–County 25
Provisions – Baltimore County); 26
[(24)] (25) for Frederick County only, Title 9, Subtitle 10 (Single–County 27
Provisions – Frederick County); 28
SENATE BILL 871 3
[(25)] (26) for Howard County only, Title 9, Subtitle 13 (Single–County 1
Provisions – Howard County); 2
[(26)] (27) for Talbot County only, Title 9, Subtitle 18 (Single–County 3
Provisions – Talbot County); and 4
[(27)] (28) Title 11, Subtitle 2 (Civil Penalty). 5
(c) This section supersedes any inconsistent provision of Division II of this article. 6
1–402. 7
(a) In addition to the powers the county may have had under this division before 8
adopting code home rule, a code county may exercise the powers relating to land use stated 9
in Title 10 of the Local Government Article. 10
(b) A code county that chooses to exercise the powers relating to land use stated 11
in Title 10 of the Local Government Article shall be treated as a charter county for purposes 12
of § 1–401 of this subtitle. 13
SUBTITLE 5. ACCESSORY DWELLING UNIT AUTHORIZATION AND PROMOTION ACT. 14
4–501. 15
(A) IN THIS SUBTITL E THE FOLLOWING WORD S HAVE THE MEANINGS 16
INDICATED. 17
(B) “ACCESSORY DWELLING UN IT” MEANS A SECONDARY DW ELLING UNIT 18
ON THE SAME LOT , PARCEL, OR TRACT AS A PRIMAR Y DWELLING UNIT THAT IS 19
CONSTRUCTED : 20
(1) ATTACHED TO , OR THROUGH THE CONVE RSION OF, A PORTION OF 21
THE PRIMARY DWELLING UNIT; 22
(2) ATTACHED TO , OR THROUGH THE FULL OR PARTIAL CONVERSIO N 23
OF, AN ACCESSORY STRUCTU RE LOCATED ON THE SA ME LOT, PARCEL, OR TRACT AS 24
THE PRIMARY DWELLING UNIT; OR 25
(3) AS A NEW BUILDING , DETACHED FROM THE PR IMARY DWELLING 26
UNIT AND ANY EXISTIN G ACCESSORY STRUCTUR ES. 27
(C) (1) “DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE , 28
INDEPENDENT LIVING F ACILITIES FOR AT LEA ST ONE PERSON , INCLUDING 29
PERMANENT PROVISIONS FOR SANITATION , COOKING, EATING, SLEEPING, AND 30
OTHER ACTIVITIES ROUTINE LY ASSOCIATED WITH D AILY LIFE. 31 4 SENATE BILL 871
(2) “DWELLING UNIT” DOES NOT INCLUDE A U NIT IN A MULTIFAMILY 1
RESIDENTIAL BUILDING . 2
(D) “UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PR OVIDED BY: 3
(1) A PRIVATE COMPANY RE GULATED UNDER DIVISION I OF THE 4
PUBLIC UTILITIES ARTICLE; 5
(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION 6
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE; 7
(3) A SANITARY COMMISSIO N REGULATED UNDER TITLE 9, SUBTITLE 8
6 OF THE ENVIRONMENT ARTICLE; OR 9
(4) A MUNICIPAL AUTHORITY REGULATED UNDER TITLE 9, SUBTITLE 10
7 OF THE ENVIRONMENT ARTICLE. 11
4–502. 12
THIS SUBTITLE APPLIES ONLY TO THE DEVELOPM ENT OF ACCESSORY 13
DWELLING UNITS ON LA ND ZONED FOR SINGLE –FAMILY RESIDENTIAL U SE. 14
4–503. 15
(A) IT IS THE POLICY OF T HE STATE TO PROMOTE AND ENCOURAGE THE 16
CREATION OF ACCESSOR Y DWELLING UNITS ON LAND ZONED FOR SINGL E–FAMILY 17
RESIDENTIAL USE IN O RDER TO MEET THE HOU SING NEEDS OF THE CI TIZENS OF 18
MARYLAND. 19
(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SU BJECT TO 20
PARAGRAPH (2) OF THIS SUBSECTION , THIS SUBTITLE DOES N OT ALTER OR 21
ABROGATE ANY ZONING POWER OR RELATED AUT HORITY GRANTED TO A LOCAL 22
JURISDICTION UNDER T HIS TITLE. 23
(2) LOCAL JURISDICTIONS S HALL ESTABLISH POLIC IES THAT 24
FURTHER THE INTENT O F THIS SUBTITLE. 25
4–504. 26
(A) ON OR BEFORE OCTOBER 1, 2023, EACH LEGISLATIVE BOD Y SHALL 27
ADOPT A LOCAL LAW AU THORIZING THE DEVELO PMENT OF ACCESSORY D WELLING 28 SENATE BILL 871 5
UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE IN ACCORDANCE 1
WITH THIS SECTION . 2
(B) A LOCAL LAW ADOPTED UN DER THIS SECTION SHALL APPLY TO ALL 3
LAND IN THE LOCAL JU RISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE, 4
PROVIDED THAT : 5
(1) THE PARTY DEVELOPING THE ACCESSORY DWELLI NG UNIT OWNS 6
AND HAS THE EXCLUSIV E RIGHT TO USE THE L OT, PARCEL, OR TRACT ON WHICH TH E 7
ACCESSORY DWELLING UNIT IS TO BE DEVELOPED ; AND 8
(2) THE DEVELOPMENT OF N EW DWELLING UNITS ON THE LOT, 9
TRACT, OR PARCEL IS NOT OTH ERWISE PROHIBITED DU E TO: 10
(I) LIMITATIONS ON AVAIL ABLE SAFE DRINKING W ATER; 11
(II) THE EXISTENCE OF PUB LIC HEALTH RISKS DUE TO 12
LIMITATIONS ON SEWAG E DISPOSAL; OR 13
(III) RISKS ASSOCIATED WIT H FIRES, FLOODS, OR LANDSLIDES . 14
(C) A LOCAL LAW ADOPTED UN DER THIS SECTION SHA LL: 15
(1) REQUIRE THAT THE TOT AL SQUARE FOOTAGE OF THE ACCESSORY 16
DWELLING UNIT BE LES S THAN THE TOTAL SQU ARE FOOTAGE OF THE PRI MARY 17
DWELLING UNIT ; 18
(2) REQUIRE THAT THE FIN AL DESIGN FOR THE AC CESSORY 19
DWELLING UNIT SATISF Y ALL RELEVANT BUILD ING CODE REQUIREMENT S; 20
(3) AUTHORIZE CONSTRUCTI ON OF AN ACCESSORY D WELLING UNIT 21
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNIT, UNLESS 22
THE CONSTRUCTION OF THE ACCESSORY DWELLI NG UNIT WOULD RESULT IN THE 23
NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDI CTION IN 24
ORDER TO CONSTRUCT T HE PRIMARY DWELLING UNIT; AND 25
(4) EXCLUDE THE DEVELOPM ENT OF AN ACCESSORY DWELLIN G UNIT 26
FROM THE CALCULATION OF DENSITY AND THE A PPLICATION OF ANY ME ASURES 27
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT 28
PROPOSED FOR THE DEV ELOPMENT OF THE ACCE SSORY DWELLING UNIT . 29
(D) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY N OT: 30
6 SENATE BILL 871
(1) REQUIRE, AS A CONDITION TO DE VELOPING AN ACCESSOR Y 1
DWELLING UNIT , THAT THAT THE LOT , PARCEL, OR TRACT EXCEED THE MINIMUM 2
SIZE REQUIRED FOR A PRIMARY DWELLING UNI T IN THE ZONE OR DIS TRICT; 3
(2) ESTABLISH SETBACK RE QUIREMENTS FROM THE SIDE AND RE AR 4
LOT LINES FOR AN ACC ESSORY DWELLING UNIT THAT IS CONVERTED FR OM AN 5
EXISTING ACCESSORY S TRUCTURE IF: 6
(I) THE LOCATION OF THE PROPOSED ACCESSORY D WELLING 7
UNIT IS IDENTICAL TO THE EXISTING ACCESSO RY STRUCTURE ; AND 8
(II) THE DIME NSIONS OF THE PROPOS ED ACCESSORY 9
DWELLING UNIT ARE ID ENTICAL TO OR SMALLE R THAN THE EXISTING ACCESSORY 10
STRUCTURE; 11
(3) FOR AN ACCESSORY DWE LLING UNIT OTHER THA N A UNIT THAT 12
MEETS THE REQUIREMEN TS OF ITEM (2) OF THIS SUBSECTION , ESTABLISH SETBACK 13
REQUIREMENTS THAT EXCEED 4 FEET FROM THE SIDE A ND REAR LOT LINES ; OR 14
(4) EXCEPT AS PROVIDED I N SUBSECTION (E) OF THIS SECTION , 15
REQUIRE THE CREATION OF ADDITIONAL OFF –STREET PARKING AS A CONDITION TO 16
DEVELOPING AN ACCESS ORY DWELLING UNIT . 17
(E) A LOCAL LAW ADOP TED UNDER THIS SECTI ON MAY: 18
(1) IMPOSE REASONABLE LI MITATIONS ON THE MAX IMUM SQUARE 19
FOOTAGE OF AN ACCESS ORY DWELLING UNIT ; 20
(2) REQUIRE THAT EXISTIN G OFF–STREET PARKING LOST TO THE 21
DEVELOPMENT OF AN AC CESSORY DWELLING UNI T BE REPLACED WITH A N 22
EQUIVALENT AMOUNT OF NEW OF F–STREET PARKING ON TH E PROPERTY; AND 23
(3) ALLOW AN EQUIVALENT AMOUNT OF NEW ON –STREET PARKING 24
TO BE SUBSTITUTED FO R THE NEW OFF–STREET PARKING UNDER ITEM (2) OF THIS 25
SUBSECTION, IF SUFFICIENT CURB A REA EXISTS ALONG THE FRONT LINE OF THE 26
PROPERTY OR MAY BE C REATED BY REMOVING A CCESS TO THE OFF –STREET 27
PARKING LOST TO THE DEVELOPMENT OF THE A CCESSORY DWELLING UN IT. 28
4–505. 29
(A) A LOCAL JURISDICTION S HALL APPROVE OR DENY A COMPLETE 30
APPLICATION FOR A ZO NING USE PERMIT FOR AN ACCESSORY DWELLING UNIT 31 SENATE BILL 871 7
WITHIN 90 DAYS AFTER RECEIPT B Y THE AGENCY RESPONS IBLE FOR MAKING 1
ZONING DECISIONS . 2
(B) APPROVAL OF A COMPLET E APPLICATION UNDER THIS SECTION SHALL 3
BE PERFORMED IN A MI NISTERIAL MANNER . 4
(C) IF AN APPLICANT REQUE STS A DELAY IN THE R EVIEW OF AN 5
APPLICATION, THE 90 DAY REVIEW PERIOD RE QUIRED UNDER SUBSECT ION (A) OF 6
THIS SECTION SHALL B E TOLLED FOR THE DUR ATION OF THE DELAY . 7
(D) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R THE APPELLATE OR 8
JUDICIAL REVIEW PROC ESSES FOR A ZONING U SE PERMIT APPL ICATION FOR AN 9
ACCESSORY DWELLING U NIT. 10
4–506. 11
(A) A LOCAL JURISDICTION M AY NOT CHARGE A DEVE LOPMENT IMPACT 12
FEE OR A BUILDING EX CISE TAX ON AN ACCES SORY DWELLING UNIT W ITH A TOTAL 13
SQUARE FOOTAGE LESS THAN 750 SQUARE FEET. 14
(B) A DEVELOPMENT IMPACT F EE OR A BUILDING EXCISE TAX CHARGED 15
FOR THE DEVELOPMENT OF AN ACCESSORY DWEL LING UNIT THAT IS AT LEAST 750 16
SQUARE FEET SHALL BE ASSESSED PROPORTIONA TELY IN RELATION TO THE 17
SQUARE FOOTAGE OF TH E PRIMARY DWELLING U NIT. 18
4–507. 19
(A) (1) THIS SUBSECTION DOES NOT APPLY TO AN ACCESS ORY DWELLING 20
UNIT THAT IS DEVELOP ED IN CONJUNCTION WI TH A NEW OR SUBSTANT IALLY 21
RENOVATED PRIMARY DW ELLING UNIT. 22
(2) A UTILITY MAY NOT REQU IRE THE USE OF A SEP ARATE 23
CONNECTION BETWEEN A N ACCESSORY DWELLING UNIT AND THE WATER O R SEWER 24
MAIN IF THE EXISTING CONNECTION BETWEEN T HE PRIMARY DWELLING UNIT AND 25
THE WATER OR SEWER M AIN IS DETERMINED TO BE SUFFICIENT TO SUP PORT THE 26
ADDITION OF THE ACCE SSORY DWELLING UNIT . 27
(B) IF AN ACCESSORY DWELL ING UNIT IS INTEGRAT ED INTO THE EXISTING 28
CONNECTION BETWEEN T HE PRIMARY DWELLING UNIT AND THE WATER O R SEWER 29
MAIN, A UTILITY MAY NOT CH ARGE A CONNECTION FE E ASSOCIATED WITH TH E 30
INTEGRATION OF THE A CCESSORY DWELLING UN IT. 31
8 SENATE BILL 871
(C) A PERSON DEVELOPING AN ACCESSORY DWELLING U NIT MAY ELECT TO 1
USE A METER THAT IS SHARED WIT H THE PRIMARY DWELLI NG UNIT TO TRACK THE 2
DELIVERY OF WATER FR OM A UTILITY. 3
4–508. 4
(A) ON OR BEFORE SEPTEMBER 30, 2023, AND EACH SEPTEMBER 30 5
THEREAFTER , EACH LOCAL JURISDICT ION SHALL REPORT THE FOLLOWING 6
INFORMATION TO THE DEPARTMENT OF PLANNING FOR THE PREV IOUS FISCAL 7
YEAR: 8
(1) THE NUMBER OF PRIMAR Y, SINGLE–FAMILY DWELLING UNIT S IN 9
THE LOCAL JURISDICTI ON, WITH THE ZONING DESI GNATION FOR THE DWEL LING 10
UNITS; 11
(2) A LIST OF ALL ZONING DESIGNATIONS IN THE LOCAL 12
JURISDICTION IN WHIC H ACCESSORY DWELLING U NITS ARE PERMITTED ; 13
(3) THE NUMBER OF ILLEGA L ACCESSORY DWELLING UNITS KNOWN 14
TO BE IN THE LOCAL J URISDICTION; 15
(4) THE NUMBER OF APPLIC ATIONS TO LEGALIZE A N ILLEGAL 16
ACCESSORY DWELLING U NIT SUBMITTED TO THE LOCAL JURISDICTION A ND THE 17
RESULTS OF PROCESSIN G THE APPLICATIONS ; 18
(5) THE NUMBER OF LEGAL ACCESSORY DWELLING U NITS IN THE 19
LOCAL JURISDICTION ; 20
(6) THE NUMBER OF APPLIC ATIONS FOR NEW ACCES SORY DWELLING 21
UNITS ACCEPTED FOR P ROCESSING; 22
(7) THE NUMBER OF ACCESS ORY DWELLING U NIT APPLICATIONS 23
THAT WERE APPROVED A ND THAT RECEIVED ALL REQUIRED PERMITS ; 24
(8) FOR EACH ACCESSORY D WELLING UNIT APPLICA TION IDENTIFIED 25
IN ITEM (7) OF THIS SUBSECTION , A STATEMENT ON : 26
(I) WHETHER THE ACCESSOR Y DWELLING UNIT IS : 27
1. ATTACHED TO OR CONVERTED FROM A PORTION OF 28
THE PRIMARY DWELLING UNIT; 29
SENATE BILL 871 9
2. ATTACHED TO OR CONVE RTED FROM AN ACCESSO RY 1
STRUCTURE LOCATED ON THE SAME LOT , PARCEL, OR TRACT AS THE PRIM ARY 2
DWELLING UNIT ; OR 3
3. DETACHED FROM THE PR IMARY DWELLING UNIT AND 4
ANY OTHER ACCESSORY STRUCTUR ES LOCATED ON THE LO T, PARCEL, OR TRACT; 5
(II) THE SIZE OF THE ACCE SSORY DWELLING UNIT ; 6
(III) THE NUMBER OF BEDROO MS IN THE ACCESSORY DWELLING 7
UNIT; AND 8
(IV) THE LEVEL OF ACCESSI BILITY OF THE ACCESS ORY 9
DWELLING UNIT ; 10
(9) THE NUMBER OF ACCESS ORY DWELLING UNIT AP PLICATIONS 11
THAT WERE DENIED ; AND 12
(10) FOR EACH ACCESSORY D WELLING UNIT APPLICA TION IDENTIFIED 13
IN ITEM (9) OF THIS SUBSECTION , THE REASON THAT THE APPLICATION WAS 14
DENIED. 15
(B) THE DEPARTMENT OF PLANNING SHALL EST ABLISH THE METHODS 16
USED BY THE LOCAL JU RISDICTIONS TO REPOR T THE INFORMATION RE QUIRED 17
UNDER SUBSECTION (A) OF THIS SECTION. 18
(C) (1) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31 19
THEREAFTER , THE DEPARTMENT OF PLANNING SHALL REPORT TO THE GOVERNOR 20
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 21
GENERAL ASSEMBLY ON THE DEVEL OPMENT OF ACCESSORY DWELLING UNITS 22
THROUGHOUT THE STATE. 23
(2) THE INFORMATION IN TH E REPORT SHALL BE DI SAGGREGATED 24
BY LOCAL JURISDICTIO N. 25
(3) THE REPORT SHALL CONTAIN RECOMM ENDATIONS TO FURTHER 26
THE GOALS OF THIS SU BTITLE. 27
4–509. 28
THIS SUBTITLE MAY BE CITED AS THE ACCESSORY DWELLING UNIT 29
AUTHORIZATION AND PROMOTION ACT. 30
10 SENATE BILL 871
10–103. 1
(a) Except as provided in this section, this division does not apply to Baltimore 2
City. 3
(b) The following provisions of this division apply to Baltimore City: 4
(15) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNIT 5
AUTHORIZATION AND PROMOTION ACT) 6
[(15)] (16) § 5–102(d) (Subdivision regulations – Burial sites); 7
[(16)] (17) Title 7, Subtitle 1 (Development Mechanisms); 8
[(17)] (18) Title 7, Subtitle 2 (Transfer of Development Rights); 9
[(18)] (19) Title 7, Subtitle 3 (Development Rights and Responsibilities 10
Agreements); 11
[(19)] (20) Title 7, Subtitle 4 (Inclusionary Zoning); and 12
[(20)] (21) Title 11, Subtitle 2 (Civil Penalty). 13
Article – Real Property 14
2–126. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “ACCESSORY DWELLING UN IT” HAS THE MEANING STAT ED IN § 18
4–501 OF THE LAND USE ARTICLE. 19
(3) “RESTRICTION ON USE ” INCLUDES ANY COVENAN T, 20
RESTRICTION, OR CONDITION CONTAIN ED IN: 21
(I) A DEED; 22
(II) A DECLARATION ; 23
(III) A CONTRACT; 24
(IV) THE BYLAWS OR RULES O F A CONDOMINIUM OR 25
HOMEOWNERS ASSOCIATI ON; 26 SENATE BILL 871 11
(V) A SECURITY INSTRUMENT ; OR 1
(VI) ANY OTHER INSTRUMENT AFFECTING: 2
1. THE TRANSFER OR SALE OF REAL PROPERTY ; OR 3
2. ANY OTHER INTEREST IN REAL PROPERTY . 4
(B) (1) IF A PROPERTY OWNER H AS THE EXCLUSIVE RIG HT TO USE THE 5
PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS , A 6
RESTRICTION ON USE R EGARDING LAND USE MA Y NOT IMPOSE OR ACT TO IMPOSE 7
AN UNREASONABLE LIMI TATION ON THE ABILIT Y OF THE PROPERTY OW NER TO: 8
(I) DEVELOP AN ACCESSORY DWELLING UNIT ON A P ROPERTY 9
ZONED FOR SINGLE –FAMILY RESIDENTIAL USE; OR 10
(II) USE AN ACCESSORY DWEL LING UNIT AS A RENTA L UNIT. 11
(2) FOR THE PURPOSE OF PA RAGRAPH (1) OF THIS SUBSECTION , AN 12
UNREASONABLE LIMITAT ION INCLUDES A LIMIT ATION THAT: 13
(I) SIGNIFICANTLY INCREAS ES THE COST OF DEVEL OPING AN 14
ACCESSORY DWELLING UNIT OR THE COST OF OPERATIN G THE ACCESSORY 15
DWELLING UNIT AS A R ENTAL UNIT; OR 16
(II) PROHIBITS, EITHER EXPLICITLY OR BY EFFECT OF THE 17
RESTRICTIONS , THE DEVELOPMENT OF A N ACCESSORY DWELLING UNIT OR THE USE 18
OF AN ACCESSORY DWEL LING UNIT AS A RENTAL UNIT. 19
(C) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A RESTRICTION 20
ON USE FROM INCLUDIN G REASONABLE DESIGN AND AESTHETIC GUIDEL INES FOR 21
ACCESSORY DWELLING U NITS. 22
(D) THIS SECTION DOES NOT APPLY TO A RESTRICTI ON ON USE ON HISTORI C 23
PROPERTY THAT IS LISTED IN , OR DETERMINED BY THE DIRECTOR OF THE 24
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN , THE 25
MARYLAND REGISTER OF HISTORIC PROPERTIES. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28