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.
*sb0382*
SENATE BILL 382
L6, N1 3lr1216
CF HB 239
By: Senator M. Washington
Introduced and read first time: February 1, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 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 the placement of accessory dwelling units on land 7
zoned for single–family residential use and to survey and document a representative 8
sampling of the variety of ordinances, laws, codes, and policies regarding accessory 9
dwelling units at the State and local level; and generally relating to the Accessory 10
Dwelling Unit Promotion and Policy Task Force. 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That: 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Accessory dwelling unit” means a secondary dwelling unit on the same 15
lot, parcel, or tract as a primary dwelling unit that is constructed: 16
(i) attached to, or through the conversion of, a portion of the primary 17
dwelling unit; 18
2 SENATE BILL 382
(ii) attached to, or through the full or partial conversion of, an 1
accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 2
or 3
(iii) as a new building, detached from the primary dwelling unit and 4
any existing accessory structure. 5
(3) “Dwelling unit” means a single unit that provides independent living 6
facilities for at least one person. 7
(4) “Utility” means water or sewer disposal services provided by: 8
(i) a private company regulated under Division I of the Public 9
Utilities Article; 10
(ii) the Washington Suburban Sanitary Commission regulated 11
under Division II of the Public Utilities Article; 12
(iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 13
Environment Article; or 14
(iv) a municipal authority regulated under Title 9, Subtitle 7 of the 15
Environment Article. 16
(b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 17
(c) The Task Force consists of the following members: 18
(1) one member of the Senate of Maryland, appointed by the President of 19
the Senate; 20
(2) one member of the House of Delegates, appointed by the Speaker of the 21
House; 22
(3) the Secretary of Planning, or the Secretary’s designee; and 23
(4) the Secretary of Housing and Community Development, or the 24
Secretary’s designee; and 25
(4) (5) the following members, appointed by the Governor: 26
(i) one representative of the Maryland Association of Counties; 27
(ii) one representative of the Maryland Municipal League; 28
(iii) one representative of the Maryland Building Industry 29
Association; 30 SENATE BILL 382 3
(iv) one representative of the Maryland Association of Realtors; 1
(v) one representative of the Community Associations Institute; 2
(vi) one representative from the Chesapeake Region Chapter of the 3
Community Associations Institute; 4
(vii) one representative from the American Institute of Architects 5
Maryland; 6
(viii) one representative from the American Association of Retired 7
Persons Maryland; and 8
(ix) one representative from the Maryland Coalition for Interior 9
Designers. 10
(vi) one individual with professional experience as a building 11
inspector in the State; 12
(vii) one individual with professional experience in community 13
development, including the planning of residential and mixed –use residential 14
developments in urban, suburban, and rural areas of the State; and 15
(viii) one individual with professional experience in the planning and 16
development of roads and highways. 17
(d) The Governor shall designate the chair of the Task Force. 18
(e) The Department of Planning shall provide staff for the Task Force. 19
(f) A member of the Task Force: 20
(1) may not receive compensation as a member of the Task Force; but 21
(2) is entitled to reimbursement for expenses under the Standard State 22
Travel Regulations, as provided in the State budget. 23
(g) In order to help the State meet its affordable housing needs, the The Task 24
Force shall: 25
(1) study state and local government efforts to promote the creation of the 26
placement of accessory dwelling units on land zoned for single–family residential use, 27
including laws or policies intended to: focused primarily on owner occupied properties; 28
4 SENATE BILL 382
(2) survey and document a representative sampling of the variety of 1
ordinances, laws, codes, and policies regarding accessory dwelling units at the State and 2
local level; and 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
(3) make legislative or other policy recommendations, including a list of 25
best practices for local governments in the State, that promote and encourage the creation 26
and operation of accessory dwelling units on land zoned for single–family residential use 27
includes impacts on local housing markets, neighborhood livability, and other policies and 28
projects related to accessory dwelling units. 29
(h) (1) On or before December 31 November 1, 2023, the Task Force shall 30
report its activities undertaken during 2023 to the Governor and, in accordance with § 31
2–1257 of the State Government Article, the General Assembly. 32
SENATE BILL 382 5
(2) On or before December June 1, 2024, the Task Force shall report its 1
findings and recommendations to the Governor and, in accordance with § 2–1257 of the 2
State Government Article, the General Assembly. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 4
1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 5
30, 2025, this Act, with no further action required by the General Assembly, shall be 6
abrogated and of no further force and effect. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.