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Chapter 798
(House Bill 239)
AN ACT concerning
Accessory Dwelling Unit Promotion and Policy Task Force
FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task
Force to study state and local government efforts to promote the creation of accessory
dwelling units on land zoned for single–family residential use and review existing
laws and policies associated with the development of accessory dwelling units
throughout the State of Maryland; and generally relating to the Accessory Dwelling
Unit Promotion and Policy Task Force.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That:
(a) (1) In this section the following words have the meanings indicated.
(2) “Accessory dwelling unit” means a secondary dwelling unit on the same
lot, parcel, or tract as a primary dwelling unit that is constructed:
(i) attached to, or through the conversion of, a portion of the primary
dwelling unit;
(ii) attached to, or through the full or partial conversion of, an
accessory structure located on the same lot, parcel, or tract as the primary dwelling unit;
or
(iii) as a new building, detached from the primary dwelling unit and
any existing accessory structure.
(3) “Dwelling unit” means a single unit that provides independent living
facilities for at least one person.
(4) “Utility” means water or sewer disposal services provided by:
(i) a private company regulated under Division I of the Public
Utilities Article;
(ii) the Washington Suburban Sanitary Commission regulated
under Division II of the Public Utilities Article;
(iii) a sanitary commission regulated under Title 9, Subtitle 6 of the
Environment Article; or
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(iv) a municipal authority regulated under Title 9, Subtitle 7 of the
Environment Article.
(b) There is an Accessory Dwelling Unit Promotion and Policy Task Force.
(c) The Task Force consists of the following members:
(1) one member of the Senate of Maryland, appointed by the President of
the Senate;
(2) one member of the House of Delegates, appointed by the Speaker of the
House;
(3) the Secretary of Planning, or the Secretary’s designee; and
(4) the Secretary of Housing and Community Development, or the
Secretary’s designee; and
(4) (5) the following members, appointed by the Governor:
(i) one representative of the Maryland Association of Counties from
an urban county;
(ii) one representative of the Maryland Association of Counties from
a rural county;
(ii) (iii) one representative of the Maryland Municipal League
from an urban municipality;
(iv) one representative of the Maryland Municipal League from a
rural municipality;
(iii) (v) one representative of the Maryland Building Industry
Association;
(iv) (vi) one representative of the Maryland Association of
Realtors;
(v) one representative of the Community Associations Institute;
(vii) one representative from the Chesapeake Region Chapter of the
Community Associations Institute;
(viii) one representative from the American Institute of Architects
Maryland;
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(ix) one representative from the American Association of Retired
Persons Maryland;
(x) one representative from the Maryland Coalition for Interior
Designers; and
(vi) one individual with professional experience as a building
inspector in the State;
(vii) one individual with professional experience in community
development, including the planning of residential and mixed –use residential
developments in urban, suburban, and rural areas of the State; and
(viii) (xi) one individual with professional experience in the
planning and development of roads and highways.
(d) The Governor shall designate the chair of the Task Force.
(e) The Department of Planning shall provide staff for the Task Force.
(f) A member of the Task Force:
(1) may not receive compensation as a member of the Task Force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(g) In order to help the State meet its affordable housing needs, the The Task
Force shall:
(1) study state and local government efforts to promote the creation of
accessory dwelling units on land zoned for single–family residential use, including laws or
policies intended to:
(i) establish limits on the maximum square footage of an accessory
dwelling unit, relative to the square footage of the primary dwelling unit;
(ii) streamline or standardize the application process for permits
necessary to build or operate an accessory dwelling unit;
(iii) reduce or eliminate development impact fees, building excise
taxes, or utility connection fees for accessory dwelling units under a certain square footage;
and
(iv) authorize the developer of an accessory dwelling unit to utilize
existing utility connections between the primary dwelling unit and a water or sewer main, Ch. 798 2023 LAWS OF MARYLAND
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provided the existing connection is deemed sufficient to support the addition of the
accessory dwelling unit;
(2) review existing laws and policies associated with the development of
accessory dwelling units throughout the State, including laws and policies concerning:
(i) the management or limitation of residential growth in areas
zoned for single–family residential use;
(ii) minimum lot sizes for the development of new dwelling units;
(iii) setback requirements from the side and rear lot lines for a
dwelling unit or accessory structure;
(iv) minimum square footage requirements for dwelling units;
(v) the connection of accessory dwelling units to utilities; and
(vi) off–street parking requirements; and
(1) survey and document a representative sampling of State and local
codes, laws, ordinances, and policies regarding the development and operation of accessory
dwelling units in areas zoned for single–family residential use, including those codes, laws,
ordinances, and policies that address residential growth in these areas;
(2) study available best practices for streamlining or standardizing the
application process for permits necessary to build or operate an accessory dwelling unit;
and
(3) make legislative or other policy recommendations, including a list of
best practices for local governments in the State, that holistically address: promote and
encourage the creation and operation of accessory dwelling units on land zoned for
single–family residential use
(i) the practical issues associated with the development of accessory
dwelling units on owner–occupied land zoned for single–family residential use; and
(ii) the impacts on local housing markets, neighborhood livability,
and other policies and projects related to accessory dwelling units.
(h) (1) On or before December 31 November 1, 2023, the Task Force shall
report its activities undertaken during 2023 to the Governor and, in accordance with §
2–1257 of the State Government Article, the General Assembly.
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(2) On or before December June 1, 2024, the Task Force shall report its
findings and recommendations to the Governor and, in accordance with § 2–1257 of the
State Government Article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June
30, 2025, this Act, with no further action required by the General Assembly, shall be
abrogated and of no further force and effect.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 28, 2023.