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.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2025
CHAPTER ______
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 7
buildings with four or fewer dwelling units and their accessory structures without 8
regard to the zoning for the land where the building is located; and generally relating 9
to the authority of municipal corporations and governed special taxing districts in 10
Montgomery County to regulate structures. 11
BY repealing and reenacting, with amendments, 12
Article – Land Use 13
Section 20–509 14
Annotated Code of Maryland 15
(2012 Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Land Use 19
20–509. 20 2 HOUSE BILL 1167
(a) Subject to subsections (b), (c), and (d) of this section, by local law, the 1
legislative body of a municipal corporation or governed special taxing district may impose 2
an additional or stricter building requirement than is required by a State, regional, or 3
county unit that exercises zoning or planning authority over the municipal corporation or 4
governed district if the authority is exercised in addition to the State, regional, or county 5
zoning or planning authority. 6
(b) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A building 7
requirement adopted under this section: 8
[(1)] (I) shall be imposed for: 9
[(i)] 1. the protection of the public health, safety, and welfare; or 10
[(ii)] 2. the preservation, improvement, or protection of lands, 11
water, and improvements in the municipal corporation or governed special taxing district; 12
[and] 13
[(2)] (II) may regulate only the construction, repair, or remodeling of 14
[single–family] residential houses, buildings, or other structures on land zoned for 15
PREDOMINANTLY single–family residential use AS OF JANUARY 1, 2024, BUILDINGS 16
WITH FOUR OR FEWER D WELLING UNITS , INCLUDING SINGLE –UNIT HOUSES , 17
DUPLEXES, TRIPLEXES, QUADPLEXES , COTTAGE CLUSTERS , TOWNHOUSES , AND 18
SIMILAR BUILDINGS , AND THEIR ACCESSORY STRUCTURES , as it relates to: 19
[(i)] 1. fences, walls, hedges, and similar barriers; 20
[(ii)] 2. signs; 21
[(iii)] 3. residential parking; 22
[(iv)] 4. residential storage; 23
[(v)] 5. the location of BUILDINGS AND structures, including 24
setback requirements; 25
[(vi)] 6. the dimensions of BUILDINGS AND structures, including 26
height, bulk, massing, and design; and 27
[(vii)] 7. lot coverage, including impervious surface; AND 28
(III) SHALL APPLY WITHOUT REGARD TO HOUSING TY PE. 29
HOUSE BILL 1167 3
(2) A BUILDING REQUIREMENT ADOPTED UNDER THIS S ECTION FOR 1
MULTIFAMILY HOUSING RESIDENTIAL BUILDINGS WITH TWO T O FOUR DWELLING 2
UNITS: 3
(I) MAY NOT BE MORE REST RICTIVE THAN A BUILD ING 4
REQUIREMENT ADOPTED UNDER THIS SECTION F OR SINGLE–FAMILY HOUSING A 5
SINGLE–UNIT HOUSE; BUT 6
(II) MAY BE LESS RESTRICT IVE THAN A BUILDING 7
REQUIREMENT ADOPTED UNDER THIS SECTION FOR 8
SINGLE–FAMILY HOUSING A SINGLE–UNIT HOUSE. 9
(c) Before adopting a local law under this section, a municipal corporation or 10
governed special taxing district shall: 11
(1) hold a public hearing; and 12
(2) at least 30 days before the public hearing, transmit a copy of the 13
proposed local law to the county council. 14
(d) A local law that a municipal corporation or governed special taxing district 15
adopts under this section shall provide a procedure for a waiver from the strict application 16
of the building requirements. 17
(e) By local law, a municipal corporation or governed special taxing district may 18
enact an additional or stricter commercial sign regulation than is imposed by the State, the 19
Commission, or the county. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.