EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb1167*
HOUSE BILL 1167
L2, L3, L5 5lr1069
By: Montgomery County Delegation and Prince George’s County Delegation
Introduced and read first time: February 6, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Montgomery County – Municipal Authority to Regulate Structures – Alterations 2
MC/PG 116–25 3
FOR the purpose of altering the authority of a municipal corporation or governed special 4
taxing district in Montgomery County to adopt a certain building requirement to 5
regulate the construction, repair, or remodeling of certain structures on land zoned 6
for single–family residential use to apply to all types of residential structures; and 7
generally relating to the authority of municipal corporations and governed special 8
taxing districts in Montgomery County to regulate structures. 9
BY repealing and reenacting, with amendments, 10
Article – Land Use 11
Section 20–509 12
Annotated Code of Maryland 13
(2012 Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Land Use 17
20–509. 18
(a) Subject to subsections (b), (c), and (d) of this section, by local law, the 19
legislative body of a municipal corporation or governed special taxing district may impose 20
an additional or stricter building requirement than is required by a State, regional, or 21
county unit that exercises zoning or planning authority over the municipal corporation or 22
governed district if the authority is exercised in addition to the State, regional, or county 23
zoning or planning authority. 24
2 HOUSE BILL 1167
(b) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A building 1
requirement adopted under this section: 2
[(1)] (I) shall be imposed for: 3
[(i)] 1. the protection of the public health, safety, and welfare; or 4
[(ii)] 2. the preservation, improvement, or protection of lands, 5
water, and improvements in the municipal corporation or governed special taxing district; 6
[and] 7
[(2)] (II) may regulate only the construction, repair, or remodeling of 8
[single–family] residential houses, buildings, or other structures on land zoned for 9
PREDOMINANTLY single–family residential use AS OF JANUARY 1, 2024, as it relates to: 10
[(i)] 1. fences, walls, hedges, and similar barriers; 11
[(ii)] 2. signs; 12
[(iii)] 3. residential parking; 13
[(iv)] 4. residential storage; 14
[(v)] 5. the location of structures, including setback requirements; 15
[(vi)] 6. the dimensions of structures, including height, bulk, 16
massing, and design; and 17
[(vii)] 7. lot coverage, including impervious surface; AND 18
(III) SHALL APPLY WITHOUT REGARD TO HOUSING TYPE . 19
(2) A BUILDING REQUIREMENT ADOPTED UNDER THIS S ECTION FOR 20
MULTIFAMILY HOUSING : 21
(I) MAY NOT BE MORE REST RICTIVE THAN A BUILD ING 22
REQUIREMENT ADOPTED UNDER THIS SECTION F OR SINGLE–FAMILY HOUSING ; BUT 23
(II) MAY BE LESS RESTRICT IVE THAN A BUILDING 24
REQUIREMENT ADOPTED UNDER THIS SECTION F OR 25
SINGLE–FAMILY HOUSING . 26
(c) Before adopting a local law under this section, a municipal corporation or 27
governed special taxing district shall: 28
HOUSE BILL 1167 3
(1) hold a public hearing; and 1
(2) at least 30 days before the public hearing, transmit a copy of the 2
proposed local law to the county council. 3
(d) A local law that a municipal corporation or governed special taxing district 4
adopts under this section shall provide a procedure for a waiver from the strict application 5
of the building requirements. 6
(e) By local law, a municipal corporation or governed special taxing district may 7
enact an additional or stricter commercial sign regulation than is imposed by the State, the 8
Commission, or the county. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11