EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0239*
HOUSE BILL 239
L6, N1 3lr1770
CF SB 382
By: Delegates J. Long, Addison, Charles, Foley, Grossman, Holmes, Lehman,
Palakovich Carr, Smith, Stewart, Toles, and Woods
Introduced and read first time: January 23, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 20, 2023
CHAPTER ______
AN ACT concerning 1
Accessory Dwelling Unit Promotion and Policy Task Force 2
FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task 3
Force to study state and local government efforts to promote the creation of accessory 4
dwelling units on land zoned for single–family residential use and review existing 5
laws and policies associated with the development of accessory dwelling units 6
throughout the State of Maryland; and generally relating to the Accessory Dwelling 7
Unit Promotion and Policy Task Force. 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That: 10
(a) (1) In this section the following words have the meanings indicated. 11
(2) “Accessory dwelling unit” means a secondary dwelling unit on the same 12
lot, parcel, or tract as a primary dwelling unit that is constructed: 13
(i) attached to, or through the conversion of, a portion of the primary 14
dwelling unit; 15
(ii) attached to, or through the full or partial conversion of, an 16
accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 17
or 18
2 HOUSE BILL 239
(iii) as a new building, detached from the primary dwelling unit and 1
any existing accessory structure. 2
(3) “Dwelling unit” means a single unit that provides independent living 3
facilities for at least one person. 4
(4) “Utility” means water or sewer disposal services provided by: 5
(i) a private company regulated under Division I of the Public 6
Utilities Article; 7
(ii) the Washington Suburban Sanitary Commission regulated 8
under Division II of the Public Utilities Article; 9
(iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 10
Environment Article; or 11
(iv) a municipal authority regulated under Title 9, Subtitle 7 of the 12
Environment Article. 13
(b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 14
(c) The Task Force consists of the following members: 15
(1) one member of the Senate of Maryland, appointed by the President of 16
the Senate; 17
(2) one member of the House of Delegates, appointed by the Speaker of the 18
House; 19
(3) the Secretary of Planning, or the Secretary’s designee; and 20
(4) the Secretary of Housing and Community Development, or the 21
Secretary’s designee; and 22
(4) (5) the following members, appointed by the Governor: 23
(i) one representative of the Maryland Association of Counties from 24
an urban county; 25
(ii) one representative of the Maryland Association of Counties from 26
a rural county; 27
(ii) (iii) one representative of the Maryland Municipal League 28
from an urban municipality; 29
HOUSE BILL 239 3
(iv) one representative of the Maryland Municipal League from a 1
rural municipality; 2
(iii) (v) one representative of the Maryland Building Industry 3
Association; 4
(iv) (vi) one representative of the Maryland Association of 5
Realtors; 6
(v) one representative of the Community Associations Institute; 7
(vii) one representative from the Chesapeake Region Chapter of the 8
Community Associations Institute; 9
(viii) one representative from the American Institute of Architects 10
Maryland; 11
(ix) one representative from the American Association of Retired 12
Persons Maryland; 13
(x) one representative from the Maryland Coalition for Interior 14
Designers; and 15
(vi) one individual with professional experience as a building 16
inspector in the State; 17
(vii) one individual with professional experience in community 18
development, including the planning of residential and mixed –use residential 19
developments in urban, suburban, and rural areas of the State; and 20
(viii) (xi) one individual with professional experience in the 21
planning and development of roads and highways. 22
(d) The Governor shall designate the chair of the Task Force. 23
(e) The Department of Planning shall provide staff for the Task Force. 24
(f) A member of the Task Force: 25
(1) may not receive compensation as a member of the Task Force; but 26
(2) is entitled to reimbursement for expenses under the Standard State 27
Travel Regulations, as provided in the State budget. 28
(g) In order to help the State meet its affordable housing needs, the The Task 29
Force shall: 30
4 HOUSE BILL 239
(1) study state and local government efforts to promote the creation of 1
accessory dwelling units on land zoned for single–family residential use, including laws or 2
policies intended to: 3
(i) establish limits on the maximum square footage of an accessory 4
dwelling unit, relative to the square footage of the primary dwelling unit; 5
(ii) streamline or standardize the application process for permits 6
necessary to build or operate an accessory dwelling unit; 7
(iii) reduce or eliminate development impact fees, building excise 8
taxes, or utility connection fees for accessory dwelling units under a certain square footage; 9
and 10
(iv) authorize the developer of an accessory dwelling unit to utilize 11
existing utility connections between the primary dwelling unit and a water or sewer main, 12
provided the existing connection is deemed sufficient to support the addition of the 13
accessory dwelling unit; 14
(2) review existing laws and policies associated with the development of 15
accessory dwelling units throughout the State, including laws and policies concerning: 16
(i) the management or limitation of residential growth in areas 17
zoned for single–family residential use; 18
(ii) minimum lot sizes for the development of new dwelling units; 19
(iii) setback requirements from the side and rear lot lines for a 20
dwelling unit or accessory structure; 21
(iv) minimum square footage requirements for dwelling units; 22
(v) the connection of accessory dwelling units to utilities; and 23
(vi) off–street parking requirements; and 24
(1) survey and document a representative sampling of State and local 25
codes, laws, ordinances, and policies regarding the development and operation of accessory 26
dwelling units in areas zoned for single–family residential use, including those codes, laws, 27
ordinances, and policies that address residential growth in these areas; 28
(2) study available best practices for streamlining or standardizing the 29
application process for permits necessary to build or operate an accessory dwelling unit; 30
and 31
(3) make legislative or other policy recommendations, including a list of 32
best practices for local governments in the State, that holistically address: promote and 33 HOUSE BILL 239 5
encourage the creation and operation of accessory dwelling units on land zoned for 1
single–family residential use 2
(i) the practical issues associated with the development of accessory 3
dwelling units on owner–occupied land zoned for single–family residential use; and 4
(ii) the impacts on local housing markets, neighborhood livability, 5
and other policies and projects related to accessory dwelling units. 6
(h) (1) On or before December 31 November 1, 2023, the Task Force shall 7
report its activities undertaken during 2023 to the Governor and, in accordance with § 8
2–1257 of the State Government Article, the General Assembly. 9
(2) On or before December June 1, 2024, the Task Force shall report its 10
findings and recommendations to the Governor and, in accordance with § 2–1257 of the 11
State Government Article, the General Assembly. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 14
30, 2025, this Act, with no further action required by the General Assembly, shall be 15
abrogated and of no further force and effect. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.