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