MD
Maryland House Bill HB239

Maryland 2023 Regular Session

Maryland House Bill HB239 Compare Versions

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1- WES MOORE, Governor Ch. 798
21
3-– 1 –
4-Chapter 798
5-(House Bill 239)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0239*
810
9-Accessory Dwelling Unit Promotion and Policy Task Force
11+HOUSE BILL 239
12+L6, N1 (3lr1770)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegates J. Long, Addison, Charles, Foley, Grossman, Holmes,
16+Lehman, Palakovich Carr, Smith, Stewart, Toles, and Woods
1017
11-FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task
12-Force to study state and local government efforts to promote the creation of accessory
13-dwelling units on land zoned for single–family residential use and review existing
14-laws and policies associated with the development of accessory dwelling units
15-throughout the State of Maryland; and generally relating to the Accessory Dwelling
16-Unit Promotion and Policy Task Force.
18+Read and Examined by Proofreaders:
1719
18- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
19-That:
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2024
21- (a) (1) In this section the following words have the meanings indicated.
25+Sealed with the Great Seal and presented to the Governor, for his approval this
2226
23- (2) “Accessory dwelling unit” means a secondary dwelling unit on the same
24-lot, parcel, or tract as a primary dwelling unit that is constructed:
27+_______ day of _______________ at ________________________ o’clock, ________M.
2528
26- (i) attached to, or through the conversion of, a portion of the primary
27-dwelling unit;
29+______________________________________________
30+Speaker.
2831
29- (ii) attached to, or through the full or partial conversion of, an
30-accessory structure located on the same lot, parcel, or tract as the primary dwelling unit;
31-or
32+CHAPTER ______
3233
33- (iii) as a new building, detached from the primary dwelling unit and
34-any existing accessory structure.
34+AN ACT concerning 1
3535
36- (3) “Dwelling unit” means a single unit that provides independent living
37-facilities for at least one person.
36+Accessory Dwelling Unit Promotion and Policy Task Force 2
3837
39- (4) “Utility” means water or sewer disposal services provided by:
38+FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task 3
39+Force to study state and local government efforts to promote the creation of accessory 4
40+dwelling units on land zoned for single–family residential use and review existing 5
41+laws and policies associated with the development of accessory dwelling units 6
42+throughout the State of Maryland; and generally relating to the Accessory Dwelling 7
43+Unit Promotion and Policy Task Force. 8
4044
41- (i) a private company regulated under Division I of the Public
42-Utilities Article;
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
46+That: 10
4347
44- (ii) the Washington Suburban Sanitary Commission regulated
45-under Division II of the Public Utilities Article;
48+ (a) (1) In this section the following words have the meanings indicated. 11
49+ 2 HOUSE BILL 239
4650
47- (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the
48-Environment Article; or
49- Ch. 798 2023 LAWS OF MARYLAND
5051
51-– 2 –
52- (iv) a municipal authority regulated under Title 9, Subtitle 7 of the
53-Environment Article.
52+ (2) “Accessory dwelling unit” means a secondary dwelling unit on the same 1
53+lot, parcel, or tract as a primary dwelling unit that is constructed: 2
5454
55- (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force.
55+ (i) attached to, or through the conversion of, a portion of the primary 3
56+dwelling unit; 4
5657
57- (c) The Task Force consists of the following members:
58+ (ii) attached to, or through the full or partial conversion of, an 5
59+accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 6
60+or 7
5861
59- (1) one member of the Senate of Maryland, appointed by the President of
60-the Senate;
62+ (iii) as a new building, detached from the primary dwelling unit and 8
63+any existing accessory structure. 9
6164
62- (2) one member of the House of Delegates, appointed by the Speaker of the
63-House;
65+ (3) “Dwelling unit” means a single unit that provides independent living 10
66+facilities for at least one person. 11
6467
65- (3) the Secretary of Planning, or the Secretary’s designee; and
68+ (4) “Utility” means water or sewer disposal services provided by: 12
6669
67- (4) the Secretary of Housing and Community Development, or the
68-Secretary’s designee; and
70+ (i) a private company regulated under Division I of the Public 13
71+Utilities Article; 14
6972
70- (4) (5) the following members, appointed by the Governor:
73+ (ii) the Washington Suburban Sanitary Commission regulated 15
74+under Division II of the Public Utilities Article; 16
7175
72- (i) one representative of the Maryland Association of Counties from
73-an urban county;
76+ (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 17
77+Environment Article; or 18
7478
75- (ii) one representative of the Maryland Association of Counties from
76-a rural county;
79+ (iv) a municipal authority regulated under Title 9, Subtitle 7 of the 19
80+Environment Article. 20
7781
78- (ii) (iii) one representative of the Maryland Municipal League
79-from an urban municipality;
82+ (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 21
8083
81- (iv) one representative of the Maryland Municipal League from a
82-rural municipality;
84+ (c) The Task Force consists of the following members: 22
8385
84- (iii) (v) one representative of the Maryland Building Industry
85-Association;
86+ (1) one member of the Senate of Maryland, appointed by the President of 23
87+the Senate; 24
8688
87- (iv) (vi) one representative of the Maryland Association of
88-Realtors;
89+ (2) one member of the House of Delegates, appointed by the Speaker of the 25
90+House; 26
8991
90- (v) one representative of the Community Associations Institute;
92+ (3) the Secretary of Planning, or the Secretary’s designee; and 27
9193
92- (vii) one representative from the Chesapeake Region Chapter of the
93-Community Associations Institute;
94+ (4) the Secretary of Housing and Community Development, or the 28
95+Secretary’s designee; and 29
9496
95- (viii) one representative from the American Institute of Architects
96-Maryland;
97- WES MOORE, Governor Ch. 798
97+ (4) (5) the following members, appointed by the Governor: 30
98+ HOUSE BILL 239 3
9899
99-– 3 –
100- (ix) one representative from the American Association of Retired
101-Persons Maryland;
102100
103- (x) one representative from the Maryland Coalition for Interior
104-Designers; and
101+ (i) one representative of the Maryland Association of Counties from 1
102+an urban county; 2
105103
106- (vi) one individual with professional experience as a building
107-inspector in the State;
104+ (ii) one representative of the Maryland Association of Counties from 3
105+a rural county; 4
108106
109- (vii) one individual with professional experience in community
110-development, including the planning of residential and mixed –use residential
111-developments in urban, suburban, and rural areas of the State; and
107+ (ii) (iii) one representative of the Maryland Municipal League 5
108+from an urban municipality; 6
112109
113- (viii) (xi) one individual with professional experience in the
114-planning and development of roads and highways.
110+ (iv) one representative of the Maryland Municipal League from a 7
111+rural municipality; 8
115112
116- (d) The Governor shall designate the chair of the Task Force.
113+ (iii) (v) one representative of the Maryland Building Industry 9
114+Association; 10
117115
118- (e) The Department of Planning shall provide staff for the Task Force.
116+ (iv) (vi) one representative of the Maryland Association of 11
117+Realtors; 12
119118
120- (f) A member of the Task Force:
119+ (v) one representative of the Community Associations Institute; 13
121120
122- (1) may not receive compensation as a member of the Task Force; but
121+ (vii) one representative from the Chesapeake Region Chapter of the 14
122+Community Associations Institute; 15
123123
124- (2) is entitled to reimbursement for expenses under the Standard State
125-Travel Regulations, as provided in the State budget.
124+ (viii) one representative from the American Institute of Architects 16
125+Maryland; 17
126126
127- (g) In order to help the State meet its affordable housing needs, the The Task
128-Force shall:
127+ (ix) one representative from the American Association of Retired 18
128+Persons Maryland; 19
129129
130- (1) study state and local government efforts to promote the creation of
131-accessory dwelling units on land zoned for single–family residential use, including laws or
132-policies intended to:
130+ (x) one representative from the Maryland Coalition for Interior 20
131+Designers; and 21
133132
134- (i) establish limits on the maximum square footage of an accessory
135-dwelling unit, relative to the square footage of the primary dwelling unit;
133+ (vi) one individual with professional experience as a building 22
134+inspector in the State; 23
136135
137- (ii) streamline or standardize the application process for permits
138-necessary to build or operate an accessory dwelling unit;
136+ (vii) one individual with professional experience in community 24
137+development, including the planning of residential and mixed –use residential 25
138+developments in urban, suburban, and rural areas of the State; and 26
139139
140- (iii) reduce or eliminate development impact fees, building excise
141-taxes, or utility connection fees for accessory dwelling units under a certain square footage;
142-and
140+ (viii) (xi) one individual with professional experience in the 27
141+planning and development of roads and highways. 28
143142
144- (iv) authorize the developer of an accessory dwelling unit to utilize
145-existing utility connections between the primary dwelling unit and a water or sewer main, Ch. 798 2023 LAWS OF MARYLAND
143+ (d) The Governor shall designate the chair of the Task Force. 29
146144
147-– 4 –
148-provided the existing connection is deemed sufficient to support the addition of the
149-accessory dwelling unit;
145+ (e) The Department of Planning shall provide staff for the Task Force. 30
150146
151- (2) review existing laws and policies associated with the development of
152-accessory dwelling units throughout the State, including laws and policies concerning:
147+ (f) A member of the Task Force: 31 4 HOUSE BILL 239
153148
154- (i) the management or limitation of residential growth in areas
155-zoned for single–family residential use;
156149
157- (ii) minimum lot sizes for the development of new dwelling units;
158150
159- (iii) setback requirements from the side and rear lot lines for a
160-dwelling unit or accessory structure;
151+ (1) may not receive compensation as a member of the Task Force; but 1
161152
162- (iv) minimum square footage requirements for dwelling units;
153+ (2) is entitled to reimbursement for expenses under the Standard State 2
154+Travel Regulations, as provided in the State budget. 3
163155
164- (v) the connection of accessory dwelling units to utilities; and
156+ (g) In order to help the State meet its affordable housing needs, the The Task 4
157+Force shall: 5
165158
166- (vi) off–street parking requirements; and
159+ (1) study state and local government efforts to promote the creation of 6
160+accessory dwelling units on land zoned for single–family residential use, including laws or 7
161+policies intended to: 8
167162
168- (1) survey and document a representative sampling of State and local
169-codes, laws, ordinances, and policies regarding the development and operation of accessory
170-dwelling units in areas zoned for single–family residential use, including those codes, laws,
171-ordinances, and policies that address residential growth in these areas;
163+ (i) establish limits on the maximum square footage of an accessory 9
164+dwelling unit, relative to the square footage of the primary dwelling unit; 10
172165
173- (2) study available best practices for streamlining or standardizing the
174-application process for permits necessary to build or operate an accessory dwelling unit;
175-and
166+ (ii) streamline or standardize the application process for permits 11
167+necessary to build or operate an accessory dwelling unit; 12
176168
177- (3) make legislative or other policy recommendations, including a list of
178-best practices for local governments in the State, that holistically address: promote and
179-encourage the creation and operation of accessory dwelling units on land zoned for
180-single–family residential use
169+ (iii) reduce or eliminate development impact fees, building excise 13
170+taxes, or utility connection fees for accessory dwelling units under a certain square footage; 14
171+and 15
181172
182- (i) the practical issues associated with the development of accessory
183-dwelling units on owner–occupied land zoned for single–family residential use; and
173+ (iv) authorize the developer of an accessory dwelling unit to utilize 16
174+existing utility connections between the primary dwelling unit and a water or sewer main, 17
175+provided the existing connection is deemed sufficient to support the addition of the 18
176+accessory dwelling unit; 19
184177
185- (ii) the impacts on local housing markets, neighborhood livability,
186-and other policies and projects related to accessory dwelling units.
178+ (2) review existing laws and policies associated with the development of 20
179+accessory dwelling units throughout the State, including laws and policies concerning: 21
187180
188- (h) (1) On or before December 31 November 1, 2023, the Task Force shall
189-report its activities undertaken during 2023 to the Governor and, in accordance with §
190-2–1257 of the State Government Article, the General Assembly.
191- WES MOORE, Governor Ch. 798
181+ (i) the management or limitation of residential growth in areas 22
182+zoned for single–family residential use; 23
192183
193-– 5 –
194- (2) On or before December June 1, 2024, the Task Force shall report its
195-findings and recommendations to the Governor and, in accordance with § 2–1257 of the
196-State Government Article, the General Assembly.
184+ (ii) minimum lot sizes for the development of new dwelling units; 24
197185
198- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
199-1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June
200-30, 2025, this Act, with no further action required by the General Assembly, shall be
201-abrogated and of no further force and effect.
186+ (iii) setback requirements from the side and rear lot lines for a 25
187+dwelling unit or accessory structure; 26
202188
203-Enacted under Article II, § 17(c) of the Maryland Constitution, May 28, 2023.
189+ (iv) minimum square footage requirements for dwelling units; 27
190+
191+ (v) the connection of accessory dwelling units to utilities; and 28
192+
193+ (vi) off–street parking requirements; and 29
194+
195+ (1) survey and document a representative sampling of State and local 30
196+codes, laws, ordinances, and policies regarding the development and operation of accessory 31 HOUSE BILL 239 5
197+
198+
199+dwelling units in areas zoned for single–family residential use, including those codes, laws, 1
200+ordinances, and policies that address residential growth in these areas; 2
201+
202+ (2) study available best practices for streamlining or standardizing the 3
203+application process for permits necessary to build or operate an accessory dwelling unit; 4
204+and 5
205+
206+ (3) make legislative or other policy recommendations, including a list of 6
207+best practices for local governments in the State, that holistically address: promote and 7
208+encourage the creation and operation of accessory dwelling units on land zoned for 8
209+single–family residential use 9
210+
211+ (i) the practical issues associated with the development of accessory 10
212+dwelling units on owner–occupied land zoned for single–family residential use; and 11
213+
214+ (ii) the impacts on local housing markets, neighborhood livability, 12
215+and other policies and projects related to accessory dwelling units. 13
216+
217+ (h) (1) On or before December 31 November 1, 2023, the Task Force shall 14
218+report its activities undertaken during 2023 to the Governor and, in accordance with § 15
219+2–1257 of the State Government Article, the General Assembly. 16
220+
221+ (2) On or before December June 1, 2024, the Task Force shall report its 17
222+findings and recommendations to the Governor and, in accordance with § 2–1257 of the 18
223+State Government Article, the General Assembly. 19
224+
225+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
226+1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 21
227+30, 2025, this Act, with no further action required by the General Assembly, shall be 22
228+abrogated and of no further force and effect. 23
229+
230+
231+
232+
233+
234+
235+Approved:
236+________________________________________________________________________________
237+ Governor.
238+________________________________________________________________________________
239+ Speaker of the House of Delegates.
240+________________________________________________________________________________
241+ President of the Senate.