Md. Code, Land Use, Title 7

in effect

Md. Code, Land Use § 7-101

To encourage the preservation of natural resources or the provision of affordable housing and to facilitate orderly development and growth, a local jurisdiction that exercises authority granted by this division may enact, and is encouraged to enact, local laws providing for or requiring: (1) the planning, staging, or provision of adequate public facilities and affordable housing; (2) off–site improvements or the dedication of land for public facilities essential for a development; (3) moderately priced dwelling unit programs; (4) mixed use developments; (5) cluster developments; (6) planned unit developments; (7) alternative subdivision requirements that: (i) meet minimum performance standards set by the local jurisdiction; and (ii) reduce infrastructure costs; (8) floating zones; (9) incentive zoning; and (10) performance zoning.

Md. Code, Land Use § 7-102

Notwithstanding any other provision of law, a legislative body that exercises authority granted by this division may enact local laws providing for the transfer, with or without consideration, of real property belonging to the local jurisdiction to a public or private entity, to use in developing or preserving affordable housing.

Md. Code, Land Use § 7-103

The authority granted under this subtitle is not intended to limit a local jurisdiction’s authority to: (1) exercise any planning and zoning powers not expressly authorized under this subtitle; or (2) adopt other methods to: (i) facilitate orderly development and growth; (ii) encourage the preservation of natural resources; or (iii) provide affordable housing.

Md. Code, Land Use § 7-104

(a) In this section, “restriction” means a restriction, moratorium, or capacity limitation imposed on development as a result of a local law enacted under this subtitle. (b) (1) If an adequate public facility law has resulted in a restriction within a priority funding area, on or before July 1 every 2 years, a local jurisdiction shall report on the restriction to the Department of Planning. (2) The report shall include: (i) the location of the restriction; (ii) the type of infrastructure affected by the restriction; (iii) the proposed resolution of the restriction, if available; (iv) the estimated date for the resolution of the restriction, if available; (v) if a restriction was lifted, the date the restriction was lifted; (vi) the local law or resolution that lifted the restriction; (vii) any waiver of the restriction that was proposed; and (viii) any waiver of the restriction that was implemented. (c) (1) On or before January 1 every 2 years, the Department of Planning shall prepare and publish a report on the statewide impacts of adequate public facility laws. (2) The report shall include the identification of: (i) geographic areas and facilities within priority funding areas that fail to meet local adequate public facility standards; and (ii) improvements to facilities scheduled or proposed in the local jurisdiction’s capital improvement program.

Md. Code, Land Use § 7-105

(a) Except as provided in subsection (c)(2) of this section, this section applies only to a local jurisdiction with at least 150,000 residents. (b) On or before July 1 each year, each local jurisdiction subject to the requirements of this section shall report to the Department of Housing and Community Development and the Department of Planning the following information for each building or development permit application which includes a residential housing component as part of the development considered by the local jurisdiction during the immediately preceding calendar year: (1) the total number of complete applications received by type; (2) the total number of complete applications issued by type; (3) the total number of complete applications rejected by type; (4) the net total number of residential units approved; (5) the mean and median processing times for permit applications and the standard deviation from the mean; (6) the amount of time spent processing applications, including the time spent by agencies reviewing applications, by applicants making edits, and any public notice or comment time periods; (7) any type of expedited permit application process that the local jurisdiction employed to accelerate residential housing development projects; (8) the total number of residential housing development projects that benefited from an expedited permit application process in the local jurisdiction and which type of expedited process was used; and (9) any other information the jurisdiction considers relevant. (c) (1) Beginning January 1, 2027, and each quarter thereafter, each county subject to the requirements of this section shall report to the Department of Planning the following information for each building or development permit that includes a residential housing component as part of the development issued by the county during the immediately preceding quarter: (i) the permit number; (ii) the permit approval date; (iii) the date on which the use and occupancy permit was issued; (iv) the parcel tax identification number; (v) the site address; (vi) the housing type authorized under the permit; (vii) the permit type; (viii) the total number of residential units authorized under the permit; (ix) a general description of the work authorized under the permit; (x) the total cost of construction; and (xi) any other information the jurisdiction considers relevant. (2) Beginning January 1, 2027, and each quarter thereafter, each local municipality may report the information under paragraph (1) of this subsection to the Department of Planning for each building or development permit that includes a residential housing component as part of the development issued by the local municipality during the immediately preceding quarter. (d) On or before July 1, 2027, and as the information becomes available thereafter, the Department of Planning shall publish the information reported by local jurisdictions under subsection (c) of this section for the immediately preceding fiscal year: (1) on a public, interactive, and searchable website; (2) by housing type, specifically labeled as single family, townhouses, apartments, duplexes, triplexes, or quadplexes; (3) by the total built and existing housing supply, organized by housing type, in each county in the State; and (4) by data source. (e) (1) (i) Subject to paragraph (2) of this subsection, a local jurisdiction shall make the reports required under this section publicly available on its website. (ii) An announcement posted to a local jurisdiction’s website stating that a person should contact the relevant local department for access to the reports does not fulfill the requirements of subparagraph (i) of this paragraph. (2) A local jurisdiction that does not maintain a website shall make the reports publicly available through any other reasonable method. (3) To the extent practicable, a local jurisdiction may submit and transmit a report required under this section as part of another report required to be filed under this article. (f) On or before December 31 each year, the Department of Planning shall submit a report on the building permit information collected under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. (g) The Department of Planning may adopt regulations to carry out this section.

Md. Code, Land Use § 7-201

A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights to: (1) encourage the preservation of natural resources; and (2) facilitate orderly growth and development in the State in conjunction with programs for preservation of open space and agricultural land and other development management programs and techniques.

Md. Code, Land Use § 7-202

(a) In this section, “public facility” includes: (1) recreational facilities; (2) transportation facilities and transit–oriented development; and (3) schools and educational facilities. (b) A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the acquisition of land for the construction of a public facility within a priority funding area. (c) (1) Except as provided in paragraph (2) of this subsection, proceeds of the sale of development rights shall be used to assist in: (i) the acquisition of the public site; or (ii) the construction of the public facility. (2) For schools and educational facilities, proceeds of the sale of development rights may only be used to assist in the acquisition of the land on which the school or educational facility will be located. (d) (1) Any development rights sold under this section may only be transferred within a priority funding area. (2) Development rights associated with existing public land that is owned by a local jurisdiction on October 1, 2009, may not be sold or transferred under this section.

Md. Code, Land Use § 7-301

(a) In this subtitle the following words have the meanings indicated. (b) “Development rights and responsibilities agreement” or “agreement” means an agreement between a local governing body and a person having a legal or equitable interest in real property to establish conditions under which development may proceed for a specified time. (c) “Local governing body” means the legislative body, the local executive, or other elected governmental body that has zoning powers under this division. (d) “Public principal” means the governmental entity of a local jurisdiction that has been granted the authority to enter agreements under § 7–302(a) of this subtitle.

Md. Code, Land Use § 7-302

(a) Subject to §§ 7–303 through 7–305 of this subtitle, the local governing body of a local jurisdiction may: (1) by local law, establish procedures and requirements for the consideration and execution of agreements; and (2) delegate all or part of the authority established under the local law to a public principal within the jurisdiction of the local governing body. (b) The public principal may: (1) execute agreements for real property located within the jurisdiction of the local governing body with a person having a legal or equitable interest in the real property, including property that is the subject of annexation of land to a municipal corporation; and (2) include a federal, State, or local government or unit as an additional party to the agreement.

Md. Code, Land Use § 7-303

(a) A development rights and responsibilities agreement shall include: (1) a legal description of the real property subject to the agreement; (2) the names of the persons having a legal or equitable interest in the real property subject to the agreement; (3) the duration of the agreement; (4) the permissible uses of the real property; (5) the density or intensity of use of the real property; (6) the maximum height and size of structures to be located on the real property; (7) a description of the permits required or already approved for the development of the real property; (8) a statement that the proposed development is consistent with the comprehensive plan and development regulations of the local jurisdiction; (9) a description of the conditions, terms, restrictions, or other requirements determined by the local governing body of the local jurisdiction to be necessary to ensure the public health, safety, or welfare; and (10) to the extent applicable, provisions for the: (i) dedication of a portion of the real property for public use; (ii) protection of sensitive areas; (iii) preservation and restoration of historic structures; and (iv) construction or financing of public facilities. (b) An agreement may: (1) set the time frame and terms for development and construction on the real property; and (2) provide for other matters consistent with this division.

Md. Code, Land Use § 7-304

(a) Except as provided in subsection (b) of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to an agreement shall be the local laws, rules, regulations, and policies in force at the time the parties execute the agreement. (b) If the local jurisdiction determines that compliance with local laws, rules, regulations, and policies enacted or adopted after the effective date of an agreement is essential to ensure the public health, safety, or welfare, an agreement may not prevent a local government from requiring a person to comply with those local laws, rules, regulations, and policies.

Md. Code, Land Use § 7-305

(a) Before entering into an agreement, a person having a legal or equitable interest in real property or the person’s representative shall petition the public principal of the local jurisdiction in which the property is located. (b) (1) After receiving a petition and before entering into an agreement, the public principal shall conduct a public hearing. (2) A public hearing that is required for approval of the development satisfies the public hearing requirement. (c) The public principal of a local jurisdiction may not enter into an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the comprehensive plan of the local jurisdiction. (d) (1) If an agreement is not recorded in the land records of the local jurisdiction within 20 days after the date on which the parties execute the agreement, the agreement is void. (2) The parties to an agreement and their successors in interest are bound to the agreement after the agreement is recorded. (e) An agreement shall be void 5 years after the date on which the parties execute the agreement unless: (1) otherwise established under § 7–303 of this subtitle; or (2) extended by amendment under subsection (f) of this section. (f) (1) Subject to paragraph (2) of this subsection and after a public hearing, the parties to an agreement may amend the agreement by mutual consent. (2) Unless the planning commission of the local jurisdiction determines whether the proposed amendment is consistent with the comprehensive plan of the local jurisdiction, the parties may not amend an agreement. (g) (1) The parties to an agreement may terminate the agreement by mutual consent. (2) If the public principal or the local governing body determines that suspension or termination is essential to ensure the public health, safety, or welfare, the public principal or the local governing body may suspend or terminate an agreement after a public hearing. (h) Unless the agreement is terminated under subsection (g) of this section, the parties to an agreement or their successors in interest may enforce the agreement.

Md. Code, Land Use § 7-306

This subtitle does not require the adoption of a local law by a local governing body or authorize a local governing body to require a party to enter into an agreement.

Md. Code, Land Use § 7-401

(a) To promote the creation of housing that is affordable by individuals and families with low or moderate incomes, a legislative body that exercises authority under this division may enact local laws: (1) imposing inclusionary zoning, and awarding density bonuses, to create affordable housing units; and (2) restricting the use, cost, and resale of housing that is created under this subtitle to ensure that the purposes of this subtitle are carried out. (b) The authority granted under this subtitle is in addition to any other zoning and planning powers.

Md. Code, Land Use § 7-501

(a) In this subtitle the following words have the meanings indicated. (b) “Affordable” means that housing costs do not exceed 30% of a household’s income. (c) “Affordable dwelling unit” means a dwelling unit that is affordable to households earning 60% or less of the area median income. (d) “Area median income” means the median household income for the area adjusted for household size as published and annually updated by the U.S. Department of Housing and Urban Development. (e) “Board of appeals” means a board of appeals established under Title 4, Subtitle 3 of this article. (f) “Cottage cluster” means a grouping of not fewer than four detached housing units per acre that: (1) have a footprint of less than 900 square feet each; and (2) include a common courtyard. (g) “Historic district commission” or “historic preservation commission” means a commission established under Title 8, Subtitle 2 of this article. (h) “Middle housing” means: (1) duplexes; (2) triplexes; (3) quadplexes; (4) cottage clusters; or (5) town houses. (i) (1) “Mixed–use” means any combination of a residential use with a recreational, office, dining, or retail use. (2) “Mixed–use” does not mean any combination of a residential use with an industrial or hazardous use. (j) “Permit” means a building permit or other permit issued in writing, as required by a local jurisdiction, to authorize the start of predevelopment or construction activities to construct, alter, demolish, or relocate an existing or new structure. (k) “Planning commission” includes a planning commission or board established under: (1) Title 2 of this article; (2) Division II of this article; or (3) Title 10 of the Local Government Article. (l) “Town house” means a complex of dwelling units constructed in a row of three or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling unit. (m) “Unreasonable limitation or requirement” includes any limitation or requirement that amounts to a de facto denial by having a substantial adverse impact on: (1) the viability of an affordable housing development in a qualified project; (2) the degree of affordability of affordable dwelling units in a qualified project; or (3) the allowable density or number of units of the qualified project.

Md. Code, Land Use § 7-502

(a) In this section, “qualified project” means a residential project that: (1) consists of new construction or substantial renovation, as annually established and identified by the Department of Housing and Community Development in the Multifamily Rental Financing Program Guide; (2) is on property that: (i) 1. was formerly owned by the State; 2. consists of more than one building; 3. includes at least one building that was built more than 50 years before the date of application for the project; and 4. is appropriate for redevelopment as determined by the Secretary of Housing and Community Development; or (ii) 1. is currently or was formerly owned by the federal government; 2. is greater than 80 acres in size; and 3. was the site of a former U.S. military reservation; (3) contains at least 25% of units that are affordable dwelling units; and (4) is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years. (b) (1) In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone. (2) In an area zoned for single–family residential use, a qualified project may include middle housing units. (3) In an area zoned for multifamily residential use, a qualified project: (i) shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and (ii) may consist of mixed–use. (4) Subject to § 7–509 of this subtitle, a qualified project may consist of mixed–use development with density limits that do not exceed the highest allowable density in the local jurisdiction’s multifamily residential zones: (i) in an area zoned for nonresidential use; or (ii) on land that: 1. is currently or was formerly owned by the federal government; 2. is more than 80 acres in size; and 3. was the site of a former U.S. military reservation. (5) In an area zoned for mixed–use, a qualified project may consist of residential development with density limits that do not exceed the greater of the following: (i) the highest allowable density in the local jurisdiction’s residential zones; or (ii) six units per gross acre. (6) If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7–503 or § 7–504 of this subtitle.

Md. Code, Land Use § 7-503

(a) (1) In this section the following words have the meanings indicated. (2) “Qualified project” means a residential project that: (i) consists of new construction or substantial renovation; (ii) is on property that is located within three–quarters of a mile of a rail station located in the State; (iii) except as provided in item (iv) of this paragraph: 1. contains at least 15% of units that are affordable dwelling units; and 2. is deed–restricted to include 15% of units that are affordable dwelling units for a period of at least 40 years; and (iv) in a county or municipality that, on or before December 31, 2024, has requirements equal to or exceeding the requirements under item (iii) of this paragraph: 1. contains at least 20% of units that are affordable dwelling units; and 2. is deed–restricted to include 20% of units that are affordable dwelling units for a period of at least 40 years. (3) “Rail station” means a present or planned: (i) MARC station along the Penn, Camden, or Brunswick lines; (ii) Baltimore Metro SubwayLink station; (iii) Baltimore Light RailLink station; (iv) Metrorail system station in the State; or (v) any other passenger rail station. (b) This section does not apply to: (1) a property located within three–fourths of a mile of a rail station in the State if: (i) the rail station is located on the campus of an institution of higher education as defined in § 10–101 of the Education Article; or (ii) only a portion of the property is located within the three–fourths of a mile of the rail station; or (2) an area zoned for single–family residential use: (i) on January 1, 2024; and (ii) during any process to increase allowable density under subsection (c) of this section. (c) (1) In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone. (2) In an area zoned for single–family residential use, a qualified project may include middle housing units. (3) In an area zoned for multifamily residential use, a qualified project: (i) shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and (ii) may consist of mixed–use. (4) Subject to § 7–509 of this subtitle, in an area zoned for nonresidential use, a qualified project may consist of mixed–use, with density limits that do not exceed the highest allowable density in the local jurisdiction’s multifamily residential zones. (5) In an area zoned for mixed–use, a qualified project may include 30% more housing units than are allowed in that zone for uses that are not part of a qualified project. (6) If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7–502 or § 7–504 of this subtitle.

Md. Code, Land Use § 7-504

(a) (1) In this section the following words have the meanings indicated. (2) “Controlled by” means a business structure in which a nonprofit organization is a managing member, general partner, or otherwise controlling entity with a for–profit member or partner as demonstrated by an attorney licensed in the State. (3) “Nonprofit organization” means an organization that is qualified as tax–exempt under § 501(c)(3) of the Internal Revenue Code and has been designated as such for at least 3 years. (4) “Qualified project” means a residential project that: (i) consists of new construction or substantial renovation; (ii) is on land, including land that is subject to a ground lease, that: 1. is wholly owned by a nonprofit organization; or 2. includes improvements owned by an entity that is controlled by a nonprofit organization; (iii) contains at least 25% of units that are affordable dwelling units; and (iv) is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years. (b) (1) In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone. (2) In an area zoned for single–family residential use, a qualified project may include middle housing units. (3) In an area zoned for multifamily residential use, a qualified project: (i) shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and (ii) may consist of mixed–use. (4) Subject to § 7–509 of this subtitle, in an area zoned for nonresidential use, a qualified project may consist of mixed–use development with density limits that do not exceed the highest allowable density in the local jurisdiction’s multifamily residential zones. (5) In an area zoned for mixed–use, a qualified project may include 30% more housing units than are allowed in that zone for uses that are not part of a qualified project. (6) If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7–502 or § 7–503 of this subtitle.

Md. Code, Land Use § 7-505

A local jurisdiction may not impose any unreasonable limitation or requirements on a qualified project under this subtitle, including limitations on or requirements concerning: (1) height; (2) setback; (3) bulk; (4) parking; (5) loading, dimensional, or area; or (6) similar requirements.

Md. Code, Land Use § 7-506

(a) Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than two public hearings before each of the following: (1) the local governing body; and (2) the planning commission. (b) Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than one public hearing before each of the following: (1) a historic district commission or historic preservation commission; and (2) the board of appeals.

Md. Code, Land Use § 7-507

The increased density limits under §§ 7–502 through 7–504 of this subtitle are in addition to increased density that is allowed or required by a local jurisdiction.

Md. Code, Land Use § 7-508

Under this subtitle, the density of a qualified project may not exceed the density otherwise authorized in a district or zone located on: (1) agricultural land, as defined in § 9–206 of the Tax – Property Article; or (2) conservation property, as defined in § 8–209.1 of the Tax – Property Article.

Md. Code, Land Use § 7-509

(a) (1) Before a qualified project is authorized to exceed the density in an area zoned for nonresidential use under § 7–502(b)(4), § 7–503(c)(4), or § 7–504(b)(4) of this subtitle, the entity responsible for the qualified project shall: (i) conduct a public health impact assessment; and (ii) receive approval of the public health impact assessment from the Department of Housing and Community Development. (2) A public health impact assessment under this subsection shall evaluate potential public health impacts associated with the proximity of the qualified project to any health hazards within the area zoned for nonresidential use. (b) The Department of Housing and Community Development may not approve a public health impact assessment submitted under this section if the assessment shows that residential use in the nonresidential zone would present a substantial risk to the health and safety of the residents. (c) The Department of Housing and Community Development shall adopt regulations to carry out the provisions of this section.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026