| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. | |
| 4 | 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 | 5 | *hb1167* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1167 | |
| 11 | 8 | L2, L3, L5 5lr1069 | |
| 12 | 9 | ||
| 13 | 10 | By: Montgomery County Delegation and Prince George’s County Delegation | |
| 14 | 11 | Introduced and read first time: February 6, 2025 | |
| 15 | 12 | Assigned to: Environment and Transportation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 5, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Montgomery County – Municipal Authority to Regulate Structures – Alterations 2 | |
| 25 | 19 | ||
| 26 | 20 | MC/PG 116–25 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of altering the authority of a municipal corporation or governed special 4 | |
| 29 | 23 | taxing district in Montgomery County to adopt a certain building requirement to 5 | |
| 30 | 24 | regulate the construction, repair, or remodeling of certain structures on land zoned 6 | |
| 31 | - | for single–family residential use to apply to all types of residential structures 7 | |
| 32 | - | buildings with four or fewer dwelling units and their accessory structures without 8 | |
| 33 | - | regard to the zoning for the land where the building is located; and generally relating 9 | |
| 34 | - | to the authority of municipal corporations and governed special taxing districts in 10 | |
| 35 | - | Montgomery County to regulate structures. 11 | |
| 25 | + | for single–family residential use to apply to all types of residential structures; and 7 | |
| 26 | + | generally relating to the authority of municipal corporations and governed special 8 | |
| 27 | + | taxing districts in Montgomery County to regulate structures. 9 | |
| 36 | 28 | ||
| 37 | - | BY repealing and reenacting, with amendments, | |
| 38 | - | Article – Land Use | |
| 39 | - | Section 20–509 | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2012 Volume and 2024 Supplement) | |
| 29 | + | BY repealing and reenacting, with amendments, 10 | |
| 30 | + | Article – Land Use 11 | |
| 31 | + | Section 20–509 12 | |
| 32 | + | Annotated Code of Maryland 13 | |
| 33 | + | (2012 Volume and 2024 Supplement) 14 | |
| 42 | 34 | ||
| 43 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 44 | - | That the Laws of Maryland read as follows: | |
| 35 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 36 | + | That the Laws of Maryland read as follows: 16 | |
| 45 | 37 | ||
| 46 | - | Article – Land Use | |
| 38 | + | Article – Land Use 17 | |
| 47 | 39 | ||
| 48 | - | 20–509. 20 2 HOUSE BILL 1167 | |
| 40 | + | 20–509. 18 | |
| 41 | + | ||
| 42 | + | (a) Subject to subsections (b), (c), and (d) of this section, by local law, the 19 | |
| 43 | + | legislative body of a municipal corporation or governed special taxing district may impose 20 | |
| 44 | + | an additional or stricter building requirement than is required by a State, regional, or 21 | |
| 45 | + | county unit that exercises zoning or planning authority over the municipal corporation or 22 | |
| 46 | + | governed district if the authority is exercised in addition to the State, regional, or county 23 | |
| 47 | + | zoning or planning authority. 24 | |
| 48 | + | 2 HOUSE BILL 1167 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | + | (b) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A building 1 | |
| 52 | + | requirement adopted under this section: 2 | |
| 51 | 53 | ||
| 52 | - | (a) Subject to subsections (b), (c), and (d) of this section, by local law, the 1 | |
| 53 | - | legislative body of a municipal corporation or governed special taxing district may impose 2 | |
| 54 | - | an additional or stricter building requirement than is required by a State, regional, or 3 | |
| 55 | - | county unit that exercises zoning or planning authority over the municipal corporation or 4 | |
| 56 | - | governed district if the authority is exercised in addition to the State, regional, or county 5 | |
| 57 | - | zoning or planning authority. 6 | |
| 54 | + | [(1)] (I) shall be imposed for: 3 | |
| 58 | 55 | ||
| 59 | - | (b) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A building 7 | |
| 60 | - | requirement adopted under this section: 8 | |
| 56 | + | [(i)] 1. the protection of the public health, safety, and welfare; or 4 | |
| 61 | 57 | ||
| 62 | - | [(1)] (I) shall be imposed for: 9 | |
| 58 | + | [(ii)] 2. the preservation, improvement, or protection of lands, 5 | |
| 59 | + | water, and improvements in the municipal corporation or governed special taxing district; 6 | |
| 60 | + | [and] 7 | |
| 63 | 61 | ||
| 64 | - | [(i)] 1. the protection of the public health, safety, and welfare; or 10 | |
| 62 | + | [(2)] (II) may regulate only the construction, repair, or remodeling of 8 | |
| 63 | + | [single–family] residential houses, buildings, or other structures on land zoned for 9 | |
| 64 | + | PREDOMINANTLY single–family residential use AS OF JANUARY 1, 2024, as it relates to: 10 | |
| 65 | 65 | ||
| 66 | - | [(ii)] 2. the preservation, improvement, or protection of lands, 11 | |
| 67 | - | water, and improvements in the municipal corporation or governed special taxing district; 12 | |
| 68 | - | [and] 13 | |
| 66 | + | [(i)] 1. fences, walls, hedges, and similar barriers; 11 | |
| 69 | 67 | ||
| 70 | - | [(2)] (II) may regulate only the construction, repair, or remodeling of 14 | |
| 71 | - | [single–family] residential houses, buildings, or other structures on land zoned for 15 | |
| 72 | - | PREDOMINANTLY single–family residential use AS OF JANUARY 1, 2024, BUILDINGS 16 | |
| 73 | - | WITH FOUR OR FEWER D WELLING UNITS , INCLUDING SINGLE –UNIT HOUSES , 17 | |
| 74 | - | DUPLEXES, TRIPLEXES, QUADPLEXES , COTTAGE CLUSTERS , TOWNHOUSES , AND 18 | |
| 75 | - | SIMILAR BUILDINGS , AND THEIR ACCESSORY STRUCTURES , as it relates to: 19 | |
| 68 | + | [(ii)] 2. signs; 12 | |
| 76 | 69 | ||
| 77 | - | [( | |
| 70 | + | [(iii)] 3. residential parking; 13 | |
| 78 | 71 | ||
| 79 | - | [( | |
| 72 | + | [(iv)] 4. residential storage; 14 | |
| 80 | 73 | ||
| 81 | - | [( | |
| 74 | + | [(v)] 5. the location of structures, including setback requirements; 15 | |
| 82 | 75 | ||
| 83 | - | [(iv)] 4. residential storage; 23 | |
| 76 | + | [(vi)] 6. the dimensions of structures, including height, bulk, 16 | |
| 77 | + | massing, and design; and 17 | |
| 84 | 78 | ||
| 85 | - | [(v)] 5. the location of BUILDINGS AND structures, including 24 | |
| 86 | - | setback requirements; 25 | |
| 79 | + | [(vii)] 7. lot coverage, including impervious surface; AND 18 | |
| 87 | 80 | ||
| 88 | - | [(vi)] 6. the dimensions of BUILDINGS AND structures, including 26 | |
| 89 | - | height, bulk, massing, and design; and 27 | |
| 81 | + | (III) SHALL APPLY WITHOUT REGARD TO HOUSING TYPE . 19 | |
| 90 | 82 | ||
| 91 | - | [(vii)] 7. lot coverage, including impervious surface; AND 28 | |
| 83 | + | (2) A BUILDING REQUIREMENT ADOPTED UNDER THIS S ECTION FOR 20 | |
| 84 | + | MULTIFAMILY HOUSING : 21 | |
| 92 | 85 | ||
| 93 | - | (III) SHALL APPLY WITHOUT REGARD TO HOUSING TY PE. 29 | |
| 86 | + | (I) MAY NOT BE MORE REST RICTIVE THAN A BUILD ING 22 | |
| 87 | + | REQUIREMENT ADOPTED UNDER THIS SECTION F OR SINGLE–FAMILY HOUSING ; BUT 23 | |
| 88 | + | ||
| 89 | + | (II) MAY BE LESS RESTRICT IVE THAN A BUILDING 24 | |
| 90 | + | REQUIREMENT ADOPTED UNDER THIS SECTION F OR 25 | |
| 91 | + | SINGLE–FAMILY HOUSING . 26 | |
| 92 | + | ||
| 93 | + | (c) Before adopting a local law under this section, a municipal corporation or 27 | |
| 94 | + | governed special taxing district shall: 28 | |
| 94 | 95 | HOUSE BILL 1167 3 | |
| 95 | 96 | ||
| 96 | 97 | ||
| 97 | - | (2) A BUILDING REQUIREMENT ADOPTED UNDER THIS S ECTION FOR 1 | |
| 98 | - | MULTIFAMILY HOUSING RESIDENTIAL BUILDINGS WITH TWO T O FOUR DWELLING 2 | |
| 99 | - | UNITS: 3 | |
| 98 | + | (1) hold a public hearing; and 1 | |
| 100 | 99 | ||
| 101 | - | (I) MAY NOT BE MORE REST RICTIVE THAN A BUILD ING 4 | |
| 102 | - | REQUIREMENT ADOPTED UNDER THIS SECTION F OR SINGLE–FAMILY HOUSING A 5 | |
| 103 | - | SINGLE–UNIT HOUSE; BUT 6 | |
| 100 | + | (2) at least 30 days before the public hearing, transmit a copy of the 2 | |
| 101 | + | proposed local law to the county council. 3 | |
| 104 | 102 | ||
| 105 | - | ( | |
| 106 | - | ||
| 107 | - | ||
| 103 | + | (d) A local law that a municipal corporation or governed special taxing district 4 | |
| 104 | + | adopts under this section shall provide a procedure for a waiver from the strict application 5 | |
| 105 | + | of the building requirements. 6 | |
| 108 | 106 | ||
| 109 | - | (c) Before adopting a local law under this section, a municipal corporation or 10 | |
| 110 | - | governed special taxing district shall: 11 | |
| 107 | + | (e) By local law, a municipal corporation or governed special taxing district may 7 | |
| 108 | + | enact an additional or stricter commercial sign regulation than is imposed by the State, the 8 | |
| 109 | + | Commission, or the county. 9 | |
| 111 | 110 | ||
| 112 | - | (1) hold a public hearing; and 12 | |
| 113 | - | ||
| 114 | - | (2) at least 30 days before the public hearing, transmit a copy of the 13 | |
| 115 | - | proposed local law to the county council. 14 | |
| 116 | - | ||
| 117 | - | (d) A local law that a municipal corporation or governed special taxing district 15 | |
| 118 | - | adopts under this section shall provide a procedure for a waiver from the strict application 16 | |
| 119 | - | of the building requirements. 17 | |
| 120 | - | ||
| 121 | - | (e) By local law, a municipal corporation or governed special taxing district may 18 | |
| 122 | - | enact an additional or stricter commercial sign regulation than is imposed by the State, the 19 | |
| 123 | - | Commission, or the county. 20 | |
| 124 | - | ||
| 125 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 126 | - | October 1, 2025. 22 | |
| 127 | - | ||
| 128 | - | ||
| 129 | - | ||
| 130 | - | ||
| 131 | - | Approved: | |
| 132 | - | ________________________________________________________________________________ | |
| 133 | - | Governor. | |
| 134 | - | ________________________________________________________________________________ | |
| 135 | - | Speaker of the House of Delegates. | |
| 136 | - | ________________________________________________________________________________ | |
| 137 | - | President of the Senate. | |
| 111 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
| 112 | + | October 1, 2025. 11 |