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.
*hb0503*
HOUSE BILL 503
C9 5lr0453
CF SB 430
By: The Speaker (By Request – Administration) and Delegates Allen, Amprey,
Boafo, Fennell, Foley, Hornberger, D. Jones, Kerr, J. Long,
Palakovich Carr, Phillips, Ruff, Schindler, Simpson, Taylor, Turner, Vogel,
and Woods
Introduced and read first time: January 22, 2025
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 15, 2025
CHAPTER ______
AN ACT concerning 1
Land Use – Regional Housing Infrastructure Gap 2
(Housing for Jobs Act) 3
Housing Development Act 4
FOR the purpose of requiring the Department of Housing and Community Development 5
and the Department of Planning to calculate certain regional housing infrastructure 6
gaps; providing for the apportionment of regional housing infrastructure gaps to 7
counties and incorporated municipalities; authorizing local jurisdictions to reduce 8
local housing infrastructure gaps in a certain manner; establishing that certain local 9
jurisdictions have an affirmative obligation to expeditiously approve housing 10
development project applications; prohibiting certain local jurisdictions from 11
denying certain housing development project applications without certain 12
justifications; to periodically establish housing production targets for the State and 13
certain local jurisdictions; requiring the Department to publish housing production 14
targets on its website and notify certain local jurisdictions; requiring the Department 15
to publish an annual report assessing the progress of the State and certain local 16
jurisdictions with meeting specified housing targets; requiring that the approval of 17
a housing development project application by a local jurisdiction or the 18
Maryland–National Capital Park and Planning Commission be governed by certain 19
laws and regulations; providing that certain housing development projects have 20
certain vested rights related to use and development for a certain time period; 21
establishing the Housing Opportunities Made Equitable Commission to study and 22 2 HOUSE BILL 503
make recommendations on ways the State and local governments can improve the 1
housing supply and housing affordability; and generally relating to housing 2
development and land use. 3
BY repealing and reenacting, without amendments, 4
Article – Land Use 5
Section 1–101(a) and (i) 6
Annotated Code of Maryland 7
(2012 Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Land Use 10
Section 1–401 and 10–103 11
Annotated Code of Maryland 12
(2012 Volume and 2024 Supplement) 13
BY adding to 14
Article – Land Use 15
Section 12–101 through 12–203 12–302 to be under the new title “Title 12. Regional 16
Housing Infrastructure Gap” “Title 12. Housing Development Act” 17
Annotated Code of Maryland 18
(2012 Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Land Use 22
1–101. 23
(a) In this division the following words have the meanings indicated. 24
(i) “Local jurisdiction” means a county or municipal corporation and the territory 25
within which its powers may be exercised. 26
1–401. 27
(a) Except as provided in this section, this division does not apply to charter 28
counties. 29
(b) The following provisions of this division apply to a charter county: 30
(1) this subtitle, including Parts II and III (Charter county – 31
Comprehensive plans); 32
(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 33
and “Sensitive area”); 34 HOUSE BILL 503 3
(3) § 1–201 (Visions); 1
(4) § 1–206 (Required education); 2
(5) § 1–207 (Annual report – In general); 3
(6) § 1–208 (Annual report – Measures and indicators); 4
(7) Title 1, Subtitle 3 (Consistency); 5
(8) Title 1, Subtitle 5 (Growth Tiers); 6
(9) § 4–104(c) (Limitations – Bicycle Parking); 7
(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 8
(11) § 4–208 (Exceptions – Maryland Accessibility Code); 9
(12) § 4–210 (Permits and variances – Solar panels); 10
(13) § 4–211 (Change in zoning classification – Energy generating systems); 11
(14) § 4–212 (Agritourism); 12
(15) § 4–213 (Alcohol production); 13
(16) § 4–214 (Agricultural alcohol production); 14
(17) § 4–215 (Pollinator–friendly vegetation management); 15
(18) § 5–102(d) (Subdivision regulations – Burial sites); 16
(19) § 5–104 (Major subdivision – Review); 17
(20) Title 7, Subtitle 1 (Development Mechanisms); 18
(21) Title 7, Subtitle 2 (Transfer of Development Rights); 19
(22) except in Montgomery County or Prince George’s County, Title 7, 20
Subtitle 3 (Development Rights and Responsibilities Agreements); 21
(23) Title 7, Subtitle 4 (Inclusionary Zoning); 22
(24) Title 7, Subtitle 5 (Housing Expansion and Affordability); 23
(25) § 8–401 (Conversion of overhead facilities); 24 4 HOUSE BILL 503
(26) for Baltimore County only, Title 9, Subtitle 3 (Single–County 1
Provisions – Baltimore County); 2
(27) for Frederick County only, Title 9, Subtitle 10 (Single–County 3
Provisions – Frederick County); 4
(28) for Howard County only, Title 9, Subtitle 13 (Single –County 5
Provisions – Howard County); 6
(29) for Talbot County only, Title 9, Subtitle 18 (Single –County 7
Provisions – Talbot County); [and] 8
(30) Title 11, Subtitle 2 (Civil Penalty); AND 9
(31) TITLE 12 (REGIONAL HOUSING INFRASTRUCTURE GAP) 10
(HOUSING DEVELOPMENT ACT). 11
(c) This section supersedes any inconsistent provision of Division II of this article. 12
10–103. 13
(a) Except as provided in this section, this division does not apply to Baltimore 14
City. 15
(b) The following provisions of this division apply to Baltimore City: 16
(1) this title; 17
(2) § 1–101(m) (Definitions – “Priority funding area”); 18
(3) § 1–101(o) (Definitions – “Sensitive area”); 19
(4) § 1–201 (Visions); 20
(5) § 1–206 (Required education); 21
(6) § 1–207 (Annual report – In general); 22
(7) § 1–208 (Annual report – Measures and indicators); 23
(8) Title 1, Subtitle 3 (Consistency); 24
(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 25
Comprehensive Plans; Implementation); 26
(10) § 4–104(c) (Limitations – Bicycle parking); 27 HOUSE BILL 503 5
(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 1
(12) § 4–205 (Administrative adjustments); 2
(13) § 4–207 (Exceptions – Maryland Accessibility Code); 3
(14) § 4–210 (Permits and variances – Solar panels); 4
(15) § 4–211 (Change in zoning classification – Energy generating systems); 5
(16) § 4–215 (Pollinator–friendly vegetation management); 6
(17) § 5–102(d) (Subdivision regulations – Burial sites); 7
(18) Title 7, Subtitle 1 (Development Mechanisms); 8
(19) Title 7, Subtitle 2 (Transfer of Development Rights); 9
(20) Title 7, Subtitle 3 (Development Rights and Responsibilities 10
Agreements); 11
(21) Title 7, Subtitle 4 (Inclusionary Zoning); 12
(22) Title 7, Subtitle 5 (Housing Expansion and Affordability); [and] 13
(23) Title 11, Subtitle 2 (Civil Penalty); AND 14
(24) TITLE 12 (REGIONAL HOUSING INFRASTRUCTURE GAP) 15
(HOUSING DEVELOPMENT ACT). 16
TITLE 12. REGIONAL HOUSING INFRASTRUCTURE GAP. 17
SUBTITLE 1. GENERAL PROVISIONS. 18
12–101. 19
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 20
INDICATED. 21
(B) “JOBS–TO–HOUSING RATIO ” MEANS THE TOTAL NUMB ER OF JOBS BY 22
PLACE OF WORK DIVIDE D BY THE TOTAL NUMBE R OF HOUSING UNITS . 23
(C) “LOCAL HOUSING INFRAST RUCTURE GAP ” MEANS THE SHARE OF A 24
REGIONAL HOUSING INF RASTRUCTURE GAP APPO RTIONED TO A LOCAL 25
JURISDICTION UNDER § 12–201(B) OF THIS TITLE. 26 6 HOUSE BILL 503
(D) “REGION” MEANS AN AREA DESIGN ATED UNDER § 12–102 OF THIS 1
SUBTITLE. 2
(E) “REGIONAL HOUSING INFR ASTRUCTURE GAP ” MEANS THE NUMBER OF 3
HOUSING UNITS NEEDED FOR A REGION’S JOBS–TO–HOUSING RATIO TO BE BELOW 4
1.5 ACCORDING T O THE CALCULATION MA DE UNDER § 12–201(A) OF THIS TITLE. 5
12–102. 6
FOR PURPOSES OF THIS TITLE, REGIONS ARE DESIGNAT ED AS FOLLOWS : 7
(1) THE BALTIMORE REGION INCLUDES ANNE ARUNDEL COUNTY, 8
BALTIMORE COUNTY, CARROLL COUNTY, HARFORD COUNTY, HOWARD COUNTY, 9
AND BALTIMORE CITY; 10
(2) THE WASHINGTON SUBURBAN REGION INCLUDES FREDERICK 11
COUNTY, MONTGOMERY COUNTY, AND PRINCE GEORGE’S COUNTY; 12
(3) THE SOUTHERN MARYLAND REGION INCLUDES CALVERT 13
COUNTY, CHARLES COUNTY, AND ST. MARY’S COUNTY; 14
(4) THE WESTERN MARYLAND REGION INCLUDES ALLEGANY 15
COUNTY, GARRETT COUNTY, AND WASHINGTON COUNTY; 16
(5) THE UPPER EASTERN SHORE REGION INCLUDES CAROLINE 17
COUNTY, CECIL COUNTY, KENT COUNTY, QUEEN ANNE’S COUNTY, AND TALBOT 18
COUNTY; AND 19
(6) THE LOWER EASTERN SHORE REGION INCLUDES DORCHESTER 20
COUNTY, SOMERSET COUNTY, WICOMICO COUNTY, AND WORCESTER COUNTY. 21
SUBTITLE 2. REQUIREMENTS . 22
12–201. 23
(A) ON OR BEFORE JANUARY 1 EACH YEAR THE DEPARTMENT OF HOUSING 24
AND COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PLANNING SHALL 25
PUBLISH, FOR EACH REGION DESIGNATED UN DER § 12–102 OF THIS TITLE: 26
(1) THE TOTAL NUMBER OF HOUSING UNITS ; 27
(2) THE TOTAL NUMBER OF JOBS BY PLACE OF WOR K; 28
(3) THE JOBS–TO–HOUSING RATIO ; 29 HOUSE BILL 503 7
(4) THE NUMBER OF HOUSIN G UNITS NEEDED TO BE PRODUCED FOR 1
THE REGION TO REACH A JOBS–TO–HOUSING RATIO OF 1.5 OR LESS; AND 2
(5) THE DIFFERENCE BETWE EN THE EXISTING NUMB ER OF HOUSING 3
UNITS AND THE NUMBER OF HOUSING UNITS NEE DED FOR THE REGION T O REACH A 4
JOBS–TO–HOUSING RATIO OF 1.5 OR LESS. 5
(B) THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND 6
THE DEPARTMENT OF PLANNING SHALL APPORT ION A REGIONAL HOUSI NG 7
INFRASTRUCTURE GAP T O: 8
(1) EACH COUNTY BASED ON THE SHARE OF REGIONA L JOBS 9
LOCATED IN THE COUNT Y; AND 10
(2) EACH INCORPORATED MU NICIPALITY BASED ON THE SHARE OF 11
REGIONAL JOBS LOCATED I N THE MUNICIPALITY . 12
12–202. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) “AFFORDABLE” MEANS THAT HOUSING C OSTS DO NOT EXCEED 16
30% OF A HOUSEHOLD ’S INCOME. 17
(3) “AFFORDABLE HOUSING UN IT” MEANS A DWELLING UNI T THAT IS 18
DEED–RESTRICTED TO BE AFF ORDABLE TO A HOUSEHO LD EARNING 60% OR LESS 19
OF THE AREA MEDIAN I NCOME FOR A PERIOD O F AT LEAST 40 YEARS. 20
(4) “AREA MEDIAN INCOME ” MEANS THE MEDIAN HOU SEHOLD 21
INCOME FOR THE AREA ADJUSTED FOR HO USEHOLD SIZE AS PUBL ISHED AND 22
ANNUALLY UPDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN 23
DEVELOPMENT . 24
(5) “HOUSING UNIT BUILT ” MEANS A NEWLY CONSTR UCTED OR 25
SUBSTANTIALLY RENOVA TED RESIDENTIAL DWEL LING UNIT THAT HAS R ECEIVED A 26
USE AND OCCUPANCY PERMIT FROM A LOCAL JURISDI CTION ON OR AFTER JANUARY 27
1, 2026. 28
(6) (I) “RAIL STATION” MEANS A PRESENT OR P LANNED: 29
1. MARC STATION ALONG THE PENN, CAMDEN, OR 30
BRUNSWICK LINES ; 31 8 HOUSE BILL 503
2. BALTIMORE METRO SUBWAYLINK STATION; 1
3. BALTIMORE LIGHT RAILLINK STATION; 2
4. METRORAIL SYSTEM STAT ION; OR 3
5. ANY OTHER PASSENGER RAIL STATION. 4
(II) A RAIL STATION SHALL B E CONSIDERED “PLANNED” IF IT IS 5
ON A FINALIZED RAIL ROUTE WITH COMPLETED DEVELOPMENT APPROVAL S. 6
(B) (1) THE NUMBER OF UN ITS IN THE LOCAL HOU SING 7
INFRASTRUCTURE GAP M AY BE REDUCED IN ACC ORDANCE WITH THIS SU BSECTION. 8
(2) FOR EVERY 1 HOUSING UNIT BUILT W ITHIN THREE–QUARTERS OF 9
A MILE OF A RAIL STA TION, 1.5 HOUSING UNITS MAY BE SUBTRACTED FROM THE 10
LOCAL HOUSING INFRAS TRUCTURE GAP. 11
(3) FOR EVERY 1 AFFORDABLE HOUSING U NIT BUILT, 1.5 HOUSING 12
UNITS MAY BE SUBTRAC TED FROM THE LOCAL H OUSING INFRASTRUCTUR E GAP. 13
(C) CALCULATIONS UNDER SU BSECTION (B) OF THIS SECTION MAY NOT BE 14
COMBINED TO SUBTRACT MORE THAN 1.5 HOUSING UNITS FROM THE LOCAL 15
HOUSING INFRASTRUCTU RE GAP PER 1 HOUSING UNIT BUILT . 16
(D) (1) IN ORDER TO REDUCE A LOCAL HOUSING INFRAS TRUCTURE GAP 17
UNDER SUBSECTION (B) OF THIS SECTION , A LOCAL JURISDICTION SHALL SUBMIT 18
DOCUMENTATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY 19
DEVELOPMENT . 20
(2) A SUBMISSION UNDER PAR AGRAPH (1) OF THIS SUBSECTION 21
SHALL BE IN THE FORM AND MANNER THAT THE DEPARTMENT OF HOUSING AND 22
COMMUNITY DEVELOPMENT REQUIRES . 23
12–203. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “AREA WITH INADEQUATE WATER OR WASTEWATER FACILITIES” 27
MEANS: 28
HOUSE BILL 503 9
(I) AN AREA OUTSIDE AN E XISTING OR PLANNED W ATER AND 1
SEWER SERVICE AREA A S IDENTIFIED IN AN A DOPTED COUNTY PLAN U NDER TITLE 2
9, SUBTITLE 5 OF THE ENVIRONMENT ARTICLE; OR 3
(II) AN AREA INSIDE AN EXIST ING OR PLANNED WATER AND 4
SEWER SERVICE AREA A S IDENTIFIED IN AN A DOPTED COUNTY PLAN U NDER TITLE 5
9, SUBTITLE 5 OF THE ENVIRONMENT ARTICLE, WHERE THE CONNECTING WATER 6
OR WASTEWATER FACILI TY: 7
1. DOES NOT HAVE ADEQUA TE CAPACITY OR IS A BOVE 8
80% CAPACITY; AND 9
2. DOES NOT HAVE A CAPA CITY MANAGEMENT PLAN 10
APPROVED BY THE DEPARTMENT OF THE ENVIRONMENT . 11
(3) “AREA ZONED FOR HEAVY INDUSTRIAL USE ” MEANS AN AREA 12
THAT: 13
(I) DOES NOT ALLOW RESID ENTIAL USES; AND 14
(II) ALLOWS FOR INTENSE INDUSTRIAL ACTIVITIE S, SUCH AS 15
HEAVY MANUFACTURING , ASSEMBLING, OR INDUSTRIAL PROCES SING ACTIVITIES, 16
THAT MAY CREATE SIGN IFICANT NOISE, DUST, VIBRATION, GLARE, ODORS, AND 17
OTHER ADVERSE ENVIRO NMENTAL IMPACTS . 18
(4) “CURRENT OR PROJECTED FULL–TIME ENROLLMENT ” MEANS: 19
(I) A SCHOOL’S FULL–TIME ENROLLMENT AT T HE TIME OF THE 20
HOUSING DEVELOPMENT APPLICATION; OR 21
(II) A SCHOOL’S PROJECTED FULL –TIME ENROLLMENT FOR A 22
SCHOOL YEAR NOT LATE R THAN THE 7TH FULL SCHOOL YEAR AFTER THE TIME OF 23
THE HOUSING DEV ELOPMENT PROJECT APP LICATION. 24
(5) “DENY A HOUSING DEVELO PMENT PROJECT APPLIC ATION” 25
INCLUDES TO: 26
(I) DENY A HOUSING DEVEL OPMENT PROJECT APPLI CATION AT 27
ANY STATE IN THE DEV ELOPMENT PROCESS , INCLUDING ANY REQUIR ED LAND USE 28
APPROVALS OR ENTITLE MENTS NEC ESSARY FOR THE ISSUA NCE OF A BUILDING 29
PERMIT; AND 30
(II) REQUIRE THAT A HOUSI NG DEVELOPMENT PROJE CT WAIT A 31
PERIOD OF 1 OR MORE YEARS TO REC EIVE A BUILDING PERM IT. 32 10 HOUSE BILL 503
(6) “GEOGRAPHICALLY ADJACE NT SCHOOL” MEANS A SCHOOL THAT : 1
(I) IS OF THE SAME GRADE CONFIGURATION OR SHA RES GRADE 2
BAND OVERLAP ; AND 3
(II) HAS AN ATTENDANCE AR EA GEOGRAPHICALLY 4
CONTIGUOUS TO THE SC HOOL ATTENDANCE AREA IN WHICH THE HOUSING 5
DEVELOPMENT PROJECT IS LOCATED. 6
(7) “HOUSING DEVELOPMENT P ROJECT” MEANS THE NEW 7
CONSTRUCTION OR SUBSTANTIAL RENOVATI ON OF A RESIDENTIAL REAL ESTATE 8
PROJECT. 9
(8) “HOUSING DEVELOPMENT P ROJECT APPLICATION ” MEANS AN 10
APPLICATION FOR A BU ILDING PERMIT, A VARIANCE, A WAIVER, A CONDITIONAL USE 11
PERMIT, A SPECIAL PERMIT , A CERTIFICATION , AN AUTHORIZATION , A SITE PLAN 12
APPROVAL, A SUBDIVISION APPROV AL, OR ANY OTHER DETERMI NATION BY A LOCAL 13
JURISDICTION RELATIN G TO A HOUSING DEVEL OPMENT PROJECT . 14
(9) “OBJECTIVE WRITTEN DEV ELOPMENT STANDARDS ” MEANS 15
OBJECTIVE, QUANTIFIABLE , WRITTEN DEVELOPMENT STANDARDS, CONDITIONS, 16
AND POLICIES THAT AR E: 17
(I) NOT SUBJECT TO PERSO NAL OR SUBJECTIVE JU DGMENT BY 18
A PUBLIC OFFICIAL ; 19
(II) UNIFORMLY VERIFIABLE BY REFERENCE TO AN E XTERNAL 20
AND UNIFORM BENCHMAR K OR CRITERION AVAIL ABLE AND KNOWABLE BY THE 21
HOUSING DEVELOPMENT PROJECT APPLICANT; AND 22
(III) APPLIED TO FACILITAT E AND ACCOMMODATE 23
DEVELOPMENT AT THE D ENSITY PERMITTED ON THE SITE. 24
(10) “SCHOOL ATTENDANCE ARE A” MEANS THE GEOGRAPHIC AREA 25
THAT CONTAINS THE RE SIDENCES OF THE STUD ENT POPULATION TO BE SERVED, AS 26
DESIGNATED BY A COUN TY BOARD OF EDUCATIO N IN ACCORDANCE WITH § 27
4–109(C) OF THE EDUCATION ARTICLE. 28
(11) “SPECIFIC ADVERSE IMPA CT” MEANS A SIGNIFICANT , 29
QUANTIFIABLE , DIRECT, AND UNAVOIDABLE IMPA CT, BASED ON OBJECTIVE , 30
IDENTIFIED WRITTEN P UBLIC HEALTH OR SAFETY STANDARDS , POLICIES, OR 31
CONDITIONS. 32
HOUSE BILL 503 11
(12) “STATE RATED CAPACITY ” MEANS THE NUMBER OF STUDENTS 1
THAT AN INDIVIDUAL S CHOOL HAS THE PHYSIC AL CAPACITY TO ENROL L, AS 2
CALCULATED UNDER A F ORMULA ADOPTED BY TH E INTERAGENCY COMMISSION ON 3
SCHOOL CONSTRUCTION . 4
(13) “SUBSTANTIAL RENOVATIO N” MEANS A RESIDENTIAL REAL 5
ESTATE PROJECT THAT MEETS CRITERIA AS AN NUALLY ESTABLISHED A ND 6
IDENTIFIED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 7
IN THE MULTIFAMILY R ENTAL FINANCING PROG RAM GUIDE. 8
(B) THIS SECTION APPLIES ONLY TO A LOCAL JURISDICTION T HAT HAS A 9
LOCAL HOUSING INFRAS TRUCTURE GAP GREATER THAN ZERO UNITS . 10
(C) A LOCAL JURISDICTION H AS AN AFFIRMATIVE OB LIGATION TO 11
EXPEDITIOUSLY APPROV E A HOUSING DEVELOPM ENT PROJECT APPLICAT ION. 12
(D) A LOCAL JURISDICTION MAY NOT DENY A HOUSING DEVEL OPMENT 13
PROJECT WITHOUT A JU STIFICATION THAT : 14
(1) CLEARLY OUTWEIGHS TH E NEED FOR HOUSING ; AND 15
(2) IS SUPPORTED BY CLEA R AND CONVINCING EVI DENCE. 16
(E) A LOCAL JURISDICTION S HALL CITE AT LEAST O NE OF THE FOLLOWI NG 17
AS A JUSTIFICATION T O DENY A HOUSING DEV ELOPMENT PROJECT APP LICATION 18
THAT CLEARLY OUTWEIG HS THE NEED FOR HOUS ING: 19
(1) (I) THE HOUSING DEVELOPM ENT PROJECT AS PROPO SED 20
WOULD HAVE A SPECIFI C ADVERSE IMPACT ON THE PUBLIC HEALTH OR SAFETY TO 21
THE RESIDENTS THAT WOULD LIVE IN T HE PROJECT; AND 22
(II) THERE IS NO FEASIBLE METHOD TO SATISFACTO RILY 23
MITIGATE OR AVOID TH E SPECIFIC ADVERSE I MPACT WITHOUT RENDER ING THE 24
HOUSING DEVELOPMENT PROJECT FINANCIALLY INFEASIBLE; 25
(2) (I) THE DENIAL OF THE HO USING DEVELOPMENT PROJECT 26
APPLICATION OR IMPOS ITION OF CONDITIONS IS REQUIRED IN ORDER TO COMPLY 27
WITH SPECIFIC STATE OR FEDERAL LAW ; AND 28
(II) THERE IS NO FEASIBLE METHOD TO COMPLY WIT HOUT 29
RENDERING THE HOUSIN G DEVELOPMENT PROJEC T FINANCIALLY INFEAS IBLE; 30
12 HOUSE BILL 503
(3) (I) THE HOUSING DEVELOPM ENT PROJECT IS LOCAT ED IN AN 1
AREA WITH INADEQUATE WATER OR WASTEWATER FACILITIES TO SERVE THE 2
PROJECT; AND 3
(II) THERE IS NO FEASIBLE METHOD TO SERVICE TH E HOUSING 4
DEVELOPMENT PROJECT WITH WATER OR WASTEW ATER FACILITIES; 5
(4) THE HOUSING DEVELOPM ENT PROJECT IS LOCAT ED AT THE TIME 6
OF THE APPLICATION : 7
(I) IN AN AREA ZONED FOR HEAVY INDUSTRIAL USE ; 8
(II) ON CONSERVATION PROP ERTY, AS DEFINED IN § 8–209.1 OF 9
THE TAX – PROPERTY ARTICLE; OR 10
(III) ON AGRICULTURAL LAND , AS DEFINED IN § 9–206 OF THE 11
TAX – PROPERTY ARTICLE; 12
(5) THE HOUSING DEVELOPM ENT PROJECT IS LOCAT ED, AT THE TIME 13
OF APPLICATION , IN A SCHOOL ATTENDAN CE AREA: 14
(I) THAT HAS UNIFORMLY V ERIFIABLE CURRENT OR 15
PROJECTED FULL –TIME ENROLLMENT FOR THE SCHOOL THA T EXCEEDS 100% OF 16
THE SCHOOL’S CURRENT OR ESTIMAT ED STATE RATED CAPACITY ; 17
(II) FOR WHICH THE SUM OF THE UNIFORMLY VERIFI ABLE 18
CURRENT OR PROJECTED FULL–TIME ENROLLMENT FOR THE SCHOOL AND ITS 19
GEOGRAPHICALLY ADJAC ENT SCHOOLS EXCEEDS 100% OF THE SUM OF THE 20
CURRENT OR ESTIMATED STATE RATED CAPACITY FOR THOSE SCHOOLS ; AND 21
(III) THAT HAS BEEN DETERM INED BY THE LOCAL 22
JURISDICTION, USING UNIFORMLY VERI FIABLE OBJECTIVE CRI TERIA, TO HAVE 23
INADEQUATE SCHOOL CA PACITY; OR 24
(6) (I) THE HOUSING DEVELOPM ENT PROJECT DOES NOT COMPLY 25
WITH OBJECTIVE WRITT EN DEVELOPMENT STAND ARDS AT THE TIME OF 26
APPLICATION SUBMISSI ON; AND 27
(II) THERE IS NO FEASIBLE METHOD TO COMPLY WIT HOUT 28
RENDERING THE DEVELO PMENT FINANCIALLY IN FEASIBLE. 29
(F) IF A LOCAL JURISDICTI ON DENIES A HOUSING DEVELOPMENT PROJECT 30
APPLICATION, THE LOCAL JURISDICTI ON MUST PROVIDE IN W RITING THE REASON 31 HOUSE BILL 503 13
FOR DENIAL, SPECIFYING HOW THE D ENIAL COMPLIES WITH SUBSECTIONS (C) 1
THROUGH (E) OF THIS SECTION. 2
(G) (1) THE PROPONENT OF A HO USING DEVELOPMENT PR OJECT MAY 3
BRING AN ACTION IN THE APP ROPRIATE CIRCUIT COU RT TO ENFORCE THIS 4
SECTION. 5
(2) (I) IF A COURT FINDS THAT A LOCAL JURISDICTION DENIED A 6
HOUSING DEVELOPMENT PROJECT APPLICATION IN VIOLATION OF THIS SECTION, 7
THE COURT SHALL ISSU E AN ORDER OR A JUDG MENT COMPELLING THE 8
JURISDICTION TO COMP LY WITHIN 90 DAYS WITH THIS SECTI ON. 9
(II) AN ORDER OR A JUDGMEN T COMPELLING COMPLIA NCE 10
UNDER THIS SECTION M AY INCLUDE AN ORDER OR A JUDGMENT : 11
1. REQUIRING THE LOCAL JURISDICTION TO TAKE 12
ACTION ON THE HOUSIN G DEVELOPMENT PR OJECT; OR 13
2. DIRECTING THE LOCAL JURISDICTION TO APPR OVE 14
THE HOUSING DEVELOPM ENT PROJECT. 15
(3) IF THE COURT DETERMIN ES THAT ITS ORDER OR JUDGMENT HAS 16
NOT BEEN CARRIED OUT WITHIN 90 DAYS, THE COURT MAY ISSUE FURTHER ORDERS 17
TO ENSURE THAT THE P URPOSES AND POLICIES OF THIS SECTION ARE FULFILLE D. 18
TITLE 12. HOUSING DEVELOPMENT ACT. 19
SUBTITLE 1. DEFINITIONS. 20
12–101. 21
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 22
INDICATED. 23
(B) “COMMISSION” MEANS THE MARYLAND–NATIONAL CAPITAL PARK AND 24
PLANNING COMMISSION. 25
(C) “DEPARTMENT ” MEANS THE DEPARTMENT OF HOUSING AND 26
COMMUNITY DEVELOPMENT . 27
SUBTITLE 2. HOUSING PRODUCTION TARGETS. 28
12–201. 29
14 HOUSE BILL 503
(A) ON OR BEFORE JANUARY 1, 2026, AND EVERY 10 YEARS THEREA FTER, 1
THE DEPARTMENT SHALL ESTA BLISH HOUSING PRODUC TION TARGETS FOR : 2
(1) THE STATE; 3
(2) EACH COUNTY ; AND 4
(3) EACH MUNICIPAL CORPO RATION THAT EXERCISE S ZONING OR 5
PLANNING AUTHORITY . 6
(B) IN ESTABLISHING THE H OUSING PRODUCTION TA RGETS UNDER 7
SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT SHALL : 8
(1) ANALYZE DATA AND FOR ECASTS RELATED TO : 9
(I) EMPLOYMENT DEMAND ; 10
(II) HOUSING DEMAND ; 11
(III) POPULATION GROWTH ; OR 12
(IV) ANY OTHER RELATED IN FORMATION; 13
(2) CONSULT WITH EACH LO CAL JURISDICTION THAT MA Y HAVE 14
HOUSING PRODUCTION T ARGETS ESTABLISHED U NDER SUBSECTION (A) OF THIS 15
SECTION; AND 16
(3) CONSULT WITH THE COMMISSION ABOUT HOUS ING PRODUCTION 17
TARGETS THAT MAY BE ESTABLISHED WITHIN I TS JURISDICTION. 18
(C) THE DEPARTMENT MAY REEVAL UATE AND REVISE THE ESTABLISHED 19
HOUSING PRODUCTION T ARGETS USING INFORMA TION RECEIVED UNDER 20
SUBSECTION (B) OF THIS SECTION. 21
(D) (1) THE DEPARTMENT SHALL PUBL ISH THE CURRENT HOUS ING 22
PRODUCTION TARGETS E STABLISHED UNDER THI S SECTION ON THE DEPARTMENT ’S 23
WEBSITE AND NOTIFY THE COMMISSION AND EACH A PPLICABLE LOCAL 24
JURISDICTION OF THE TARGETS IN A TIMELY MANNER. 25
(2) THE PUBLICATION UNDER THIS SUBSECTION SHAL L PROVIDE A 26
SUPPORTING BASIS FOR THE HOUSING PRODUCTI ON TARGETS THAT ARE 27
ESTABLISHED. 28
HOUSE BILL 503 15
(3) WITHIN 1 MONTH AFTER THE PUBL ICATION OF HOUSING 1
PRODUCTION TARGETS , AS PROVIDED IN PARAG RAPH (1) OF THIS SUBSECTION , THE 2
DEPARTMENT SHALL SUBM IT A REPORT ON THE I NFORMATION PUBLISHED 3
REGARDING HOUSING PR ODUCTION TARGETS TO THE GOVERNOR AND , IN 4
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 5
ASSEMBLY. 6
12–202. 7
(A) ON OR BEFORE JANUARY 1, 2027, AND ON OR BEFORE JANUARY 1 EACH 8
YEAR THEREAFTER , THE DEPARTMENT SHALL PUBL ISH A REPORT BASED O N THE 9
HOUSING PRODUCTION T ARGETS ESTABLISHED U NDER § 12–201 OF THIS SUBTITLE 10
THAT: 11
(1) IDENTIFIES THE HOUSI NG PRODUCTION TARGET S FOR THE STATE 12
AND EACH LOCAL JURIS DICTION; 13
(2) ASSESSES THE PROGRES S OF THE STATE AND EACH LOCAL 14
JURISDICTION WITH ME ETING APPLICABLE HOU SING PRODUCTION TARG ETS; AND 15
(3) PROVIDES A SUPPORTIN G BASIS FOR ANY ALTE RATION TO AN 16
ESTABLISHED HOUSING PRODUCTION TARGET. 17
(B) THE DEPARTMENT SHALL CONS IDER HOUSING PRODUCT ION THAT HAS 18
BEEN APPROVED OR SIM ILARLY AUTHORIZED WH EN DETERMINING THE P ROGRESS 19
OF THE STATE OR A LOCAL JURI SDICTION WITH MEETIN G APPLICABLE HOUSING 20
PRODUCTION TARGETS U NDER SUBSECTION (A)(2) OF THIS SECTION. 21
(C) THE DEPARTMENT MAY PROVID E POTENTIAL SOLUTION S TO ASSIST 22
THE STATE OR A LOCAL JURI SDICTION WITH MEETIN G APPLICABLE HOUSING 23
PRODUCTION TARGETS I N THE REPORT REQUIRE D UNDER SUBSECTION (A) OF THIS 24
SECTION. 25
(D) (1) THE DEPARTMENT SHA LL PUBLISH THE REPOR T ON THE 26
DEPARTMENT ’S WEBSITE AND NOTIFY EACH APPLICABLE LOCA L JURISDICTION AND 27
THE COMMISSION OF THE REP ORT IN A TIMELY MANN ER. 28
(2) WITHIN 1 MONTH AFTER THE PUBL ICATION OF THE REPOR T 29
REQUIRED IN PARAGRAP H (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL 30
SUBMIT THE REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 31
THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 32
16 HOUSE BILL 503
(E) THE DEPARTMENT IS NOT REQ UIRED TO PROVIDE A R EPORT UNDER 1
THIS SECTION IN THE SAME YEAR THAT A HOU SING PRODUCTI ON TARGET REPORT 2
IS REQUIRED UNDER § 12–201 OF THIS SUBTITLE. 3
12–203. 4
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE . 5
SUBTITLE 3. LOCAL REGULATORY PROCEDURES . 6
12–301. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “HOUSING DEVELOPMENT P ROJECT” MEANS THE NEW CONSTR UCTION 10
OR SUBSTANTIAL RENOV ATION OF A RESIDENTI AL REAL ESTATE PROJE CT. 11
(C) “HOUSING DEVELOPMENT P ROJECT APPLICATION ” MEANS AN 12
APPLICATION FOR A BU ILDING PERMIT , A CERTIFICATION , AN AUTHORIZATION , A 13
SITE PLAN APPROVAL , A SUBDIVISION APPROV AL, A CONCEPTUAL PLAN , OR ANY 14
OTHER DETERMINATION BY A LOCAL JURISDICT ION OR THE COMMISSION RELATING 15
TO A HOUSING DEVELOP MENT PROJECT THAT HAS BEEN SUBMIT TED TO A LOCAL 16
JURISDICTION OR THE COMMISSION IN COMPLIA NCE WITH APPLICABLE 17
REQUIREMENTS . 18
(D) “SUBSTANTIALLY COMPLET E APPLICATION ” MEANS AN APPLICATION 19
THAT SATISFIES A SUB STANTIAL MAJORITY OF THE APPLICATION REQU IREMENTS, 20
BUT MAY CON TAIN NONSUBSTANTIVE ERRORS, OMISSIONS, OR SIMILAR 21
INCONSEQUENTIAL DEFI CIENCIES. 22
12–302. 23
(A) (1) SUBJECT TO PARAGRAPH (2)(I) OF THIS SUBSECTION , THE 24
APPROVAL, CONDITIONAL APPROVAL , OR DENIAL OF A HOUSI NG DEVELOPMENT 25
PROJECT APPLICATION BY A LOCAL JURISDI CTION OR THE COMMISSION SHALL BE 26
GOVERNED ONLY BY THE DULY ADOPTED LAWS AN D REGULATIONS IN EFF ECT WHEN 27
THE COMPLETE APPLICA TION OR SUBSTANTIALL Y COMPLETE APPLICATI ON WAS 28
SUBMITTED. 29
(2) (I) IF A LOCAL JURISDICTI ON OR THE COMMISSION PROVIDES 30
FOR THE APPROVAL OF A HOUSIN G DEVELOPMENT PROJEC T IN MULTIPLE STAGES , 31
THE DATE OF A COMPLE TE APPLICATION OR SU BSTANTIALLY COMPLETE 32
APPLICATION SUBMISSI ON UNDER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE 33 HOUSE BILL 503 17
THE DATE OF THE FIRS T COMPLETE APPLICATI ON OR SUBSTANTIALLY COMPLETE 1
APPLICATION SUBMISSI ON FOR ANY PROCESS T HAT MAY CULMINATE IN THE FINAL 2
APPROVAL OF THE APPL ICATION. 3
(II) A ZONING TEXT AMENDMEN T, APPLICATION FOR 4
REZONING, OR OTHER LOCAL EQUIV ALENT MAY NOT BE CON SIDERED AS A PROCESS 5
THAT MAY CULMINATE I N THE FINAL APPROVAL OF AN A PPLICATION UNDER THI S 6
PARAGRAPH . 7
(B) (1) ONCE A HOUSING DEVELO PMENT PROJECT HAS BE EN APPROVED , 8
THE PROJECT SHALL HA VE A VESTED RIGHT TO THAT AUTHORIZED USE AND 9
DEVELOPMENT FOR AT L EAST 5 YEARS OR A PERIOD GR ANTED BY THE LOCAL 10
JURISDICTION OR THE COMMISSION, WHICHEVER IS LONGER . 11
(2) A LOCAL JURISDICTION O R THE COMMISSION MAY EXTEND THE 12
TIME PERIOD OF THE A UTHORIZED USE AND DE VELOPMENT FOR A HOUS ING 13
DEVELOPMENT PROJECT UNDER PARAGRAPH (1) OF THIS SUBSECTION . 14
(C) THIS SECTION MAY NO T BE CONSTRUED TO : 15
(1) PREVENT THE EXPIRATI ON OF AN APPROVAL OF A HOUSING 16
DEVELOPMENT PROJECT APPLICATION IN ACCOR DANCE WITH THE LAWS OR 17
REGULATIONS OF THE L OCAL JURISDICTION OR THE COMMISSION; OR 18
(2) LIMIT THE ABILITY OF A LOCAL JURISDICTION OR THE 19
COMMISSION TO : 20
(I) APPLY HEALTH AND SAF ETY LAWS OR REGULATI ONS THAT 21
ARE NECESSARY TO ADD RESS IMMEDIATE THREA TS TO PUBLIC SAFETY ; 22
(II) EXECUTE A DEVELOPMEN T RIGHTS AND RESPONS IBILITIES 23
AGREEMENT UNDER TITLE 7, SUBTITLE 3 OF THIS ARTICLE; OR 24
(III) APPROVE A ZONING TEX T AMENDMENT , APPLICATION FOR 25
REZONING, OR OTHER LOCAL EQUIV ALENT TO INCREASE TH E DENSITY OF A 26
HOUSING DEVELOPMENT PROJECT BEYOND THE M AXIMUM ALLOWABLE AMO UNT AT 27
THE TIME OF COMPLETE APPLICATION OR SUBST ANTIALLY COMPLETE 28
APPLICATION SUBMISSION UNDER S UBSECTION (A)(1) OR (2)(I) OF THIS SECTION. 29
(D) THE REQUIREMENTS OF T HIS SECTION APPLY TO LOCAL 30
JURISDICTIONS AND TH E COMMISSION ONLY TO TH E EXTENT THAT THEY D O NOT 31
CONFLICT WITH A SPEC IFIED FEDERAL OR STATE LAW OR REGULATI ON. 32
SECTION 2. AND BE IT FURTHER ENACTED, That: 33 18 HOUSE BILL 503
(a) There is a Housing Opportunities Made Equitable Commission. 1
(b) The Commission consists of the following members: 2
(1) two members of the Senate of Maryland, appointed by the President of 3
the Senate; 4
(2) two members of the House of Delegates, appointed by the Speaker of 5
the House; 6
(3) the Secretary of Housing and Community Development, or the 7
Secretary’s designee; 8
(4) the Secretary of Planning, or the Secretary’s designee; 9
(5) the Secretary of the Environment, or the Secretary’s designee; 10
(6) the Secretary of Health, or the Secretary’s designee; and 11
(7) the following members, appointed by the Secretary of Housing and 12
Community Development: 13
(i) one representative of county government representing rural 14
communities; 15
(ii) one representative of county government representing urban or 16
suburban communities; 17
(iii) one representative of municipal government representing rural 18
communities; 19
(iv) one representative of municipal government representing urban 20
or suburban communities; and 21
(v) seven eight representatives who reside in the State and have 22
extensive knowledge of at least one of the following areas: 23
1. residential real estate construction; 24
2. residential real estate development or financing; 25
3. residential real estate ownership; 26
4. local government planning and regulations; 27
4. 5. local permitting and licensing; 28 HOUSE BILL 503 19
5. 6. environmental engineering; 1
6. 7. historic preservation; and 2
7. 8. the housing needs of low–income individuals. 3
(c) The Governor shall designate a chair from the members of the Commission. 4
(d) The Department of Housing and Community Development shall provide staff 5
for the Commission. 6
(e) A member of the Commission: 7
(1) may not receive compensation as a member of the Commission; but 8
(2) is entitled to reimbursement for expenses under the Standard State 9
Travel Regulations, as provided in the State budget. 10
(f) The Commission shall: 11
(1) study and make recommendations on ways the State and local 12
governments can improve the housing supply and housing affordability; and 13
(2) identify and assess factors that impact the housing supply and housing 14
affordability, including: 15
(i) labor and material costs; 16
(ii) taxes and fees; 17
(iii) access to financing and capital investment; 18
(iv) planning, zoning, and land use regulations; 19
(v) State building standards; 20
(vi) appeals and other legal barriers; 21
(vii) permitting and approval processes; 22
(viii) the availability of land for housing; 23
(ix) creating and financing affordable housing; and 24
(x) infrastructure. 25
20 HOUSE BILL 503
(g) On or before July 1, 2026, the Commission shall report its findings and 1
recommendations to the Governor and, in accordance with § 2–1257 of the State 2
Government Article, the General Assembly. 3
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
January 1, 2026 June 1, 2025. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.