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WES MOORE, Governor Ch. 726
Chapter 726
(House Bill 1137)
AN ACT concerning
Land Use – Multifamily Developments and Mixed–Use Developments –
Authorization
Residential–in–Commercial–Zone Laws – Study
(Bring Back Main Street Act)
FOR the purpose of requiring certain counties to allow multifamily developments and
mixed–use developments as a permitted use on certain parcels or lots; prohibiting
certain counties from imposing certain restrictions, requirements, or limitations on
permitted developments; authorizing certain counties to require a permitted
development to have a certain percentage of available floor space dedicated to retail
uses and to include on–site parking; prohibiting a restriction on use from imposing
or acting to impose certain limitations on the development of a multifamily
development or mixed–use development; and generally relating to multifamily
developments and mixed–use developments requiring the Department of Housing
and Community Development to study and make recommendations regarding laws
to require certain local jurisdictions to allow certain residential or mixed–use
developments as a permitted use on certain parcels or lots zoned for commercial use;
and generally relating to residential–in–commercial–zone laws.
BY repealing and reenacting, without amendments,
Article – Land Use
Section 1–101(a) and (b) and 7–501(a), (b), (c), (d), and (i)
Annotated Code of Maryland
(2012 Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Land Use
Section 1–401 and 10–103
Annotated Code of Maryland
(2012 Volume and 2025 Supplement)
BY adding to
Article – Land Use
Section 4–104(e)
Annotated Code of Maryland
(2012 Volume and 2025 Supplement)
BY adding to
Article – Real Property
Section 2–127
Annotated Code of Maryland
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Ch. 726 2026 LAWS OF MARYLAND
(2023 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Land Use
1–101.
(a) In this division the following words have the meanings indicated.
(b) “Adaptive reuse” means a change granted by a legislative body under § 4–207
of this article to the use restrictions in a zoning classification, as those restrictions are
applied to a particular improved property.
1–401.
(a) Except as provided in this section, this division does not apply to charter
counties.
(b) The following provisions of this division apply to a charter county:
(1) this subtitle, including Parts II and III (Charter county
– Comprehensive plans);
(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”,
and “Sensitive area”);
(3) § 1–201 (Visions);
(4) § 1–206 (Required education);
(5) § 1–207 (Annual report – In general);
(6) § 1–208 (Annual report – Measures and indicators);
(7) Title 1, Subtitle 3 (Consistency);
(8) Title 1, Subtitle 5 (Growth Tiers);
(9) § 4–104(c) (Limitations – Bicycle parking);
(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings);
(11) § 4–104(E) (MULTIFAMILY DEVELOPMENTS AND MIXED–USE
DEVELOPMENTS);
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WES MOORE, Governor Ch. 726
(12) § 4–208 (Exceptions – Maryland Accessibility Code);
[(12)] (13) § 4–210 (Permits and variances – Solar panels);
[(13)] (14) § 4–211 (Change in zoning classification – Energy generating
systems);
[(14)] (15) § 4–212 (Agritourism);
[(15)] (16) § 4–213 (Alcohol production);
[(16)] (17) § 4–214 (Agricultural alcohol production);
[(17)] (18) § 4–215 (Pollinator–friendly vegetation management);
[(18)] (19) § 4–216 (Limitations – Family child care homes and large family
child care homes);
[(19)] (20) Title 4, Subtitle 5 (Accessory Dwelling Units);
[(20)] (21) § 5–102(d) (Subdivision regulations – Burial sites);
[(21)] (22) § 5–104 (Major subdivision – Review);
[(22)] (23) Title 7, Subtitle 1 (Development Mechanisms);
[(23)] (24) Title 7, Subtitle 2 (Transfer of Development Rights);
[(24)] (25) except in Montgomery County or Prince George’s County, Title
7, Subtitle 3 (Development Rights and Responsibilities Agreements);
[(25)] (26) Title 7, Subtitle 4 (Inclusionary Zoning);
[(26)] (27) Title 7, Subtitle 5 (Housing Expansion and Affordability);
[(27)] (28) § 8–401 (Conversion of overhead facilities);
[(28)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single–County
Provisions – Baltimore County);
[(29)] (30) for Frederick County only, Title 9, Subtitle 10 (Single–County
Provisions – Frederick County);
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Ch. 726 2026 LAWS OF MARYLAND
[(30)] (31) for Howard County only, Title 9, Subtitle 13 (Single–County
Provisions – Howard County);
[(31)] (32) for Talbot County only, Title 9, Subtitle 18 (Single–County
Provisions – Talbot County); and
[(32)] (33) Title 11, Subtitle 2 (Civil Penalty).
(c) This section supersedes any inconsistent provision of Division II of this article.
4–104.
(E) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(II) “AFFORDABLE” HAS THE MEANING STATED IN § 7–501 OF
THIS ARTICLE.
(III) “AFFORDABLE DWELLING UNIT” HAS THE MEANING STATED
IN § 7–501 OF THIS ARTICLE.
(IV) “AREA MEDIAN INCOME” HAS THE MEANING STATED IN §
7–501 OF THIS ARTICLE.
(V) “MIXED–USE DEVELOPMENT” MEANS A DEVELOPMENT
CONSISTING OF RESIDENTIAL AND NONRESIDENTIAL USES IN WHICH THE
NONRESIDENTIAL USES:
1. ARE LESS THAN 50% OF THE TOTAL SQUARE FOOTAGE
OF THE DEVELOPMENT; AND
2. ARE LIMITED TO THE FIRST FLOOR OF BUILDINGS
THAT ARE TWO OR MORE STORIES.
(VI) “MULTIFAMILY DEVELOPMENT” MEANS A BUILDING
DESIGNED FOR FIVE OR MORE DWELLING UNITS IN WHICH:
1. THE DWELLING UNITS SHARE A COMMON SEPARATION
SUCH AS A CEILING OR WALL; AND
2. COMMON ACCESS BETWEEN THE DWELLING UNITS
CANNOT BE GAINED THROUGH AN INTERNAL DOORWAY, EXCEPT FOR A COMMON
HALLWAY.
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WES MOORE, Governor Ch. 726
(VII) “PERMITTED DEVELOPMENT” MEANS A MULTIFAMILY
DEVELOPMENT OR MIXED–USE DEVELOPMENT ALLOWED AS A PERMITTED USE
UNDER PARAGRAPH (3) OF THIS SUBSECTION.
(VIII) “PERMITTED USE” MEANS THE ABILITY TO BE APPROVED
WITHOUT REQUIRING A PUBLIC HEARING, VARIANCE, CONDITIONAL USE PERMIT,
SPECIAL PERMIT, SPECIAL EXCEPTION, OR ANY OTHER DISCRETIONARY ZONING
ACTION REQUIRED UNDER THIS ARTICLE OTHER THAN A DETERMINATION THAT A
SITE PLAN CONFORMS WITH APPLICABLE ZONING REGULATIONS.
(2) THIS SUBSECTION APPLIES ONLY TO A COUNTY WITH A
POPULATION OF MORE THAN 150,000.
(3) A COUNTY SHALL ALLOW MULTIFAMILY DEVELOPMENTS OR
MIXED–USE DEVELOPMENTS AS A PERMITTED USE ON A PARCEL OR LOT THAT IS:
(I) CURRENTLY SERVICED BY A WATER AND SEWER SYSTEM,
WHETHER PUBLIC OR PRIVATE; AND
(II) LOCATED ON A PARCEL ZONED FOR RECREATIONAL OR
COMMERCIAL USE.
(4) ON A PERMITTED DEVELOPMENT, A COUNTY MAY NOT IMPOSE:
(I) DENSITY LIMITS THAT ARE LOWER THAN THE HIGHEST
ALLOWABLE DENSITY IN THE COUNTY’S RESIDENTIAL ZONES;
(II) SETBACK REQUIREMENTS THAT ARE GREATER THAN THE
LESSER OF:
1. STANDARD UTILITY EASEMENTS;
2. EXISTING COMMERCIAL SETBACK REQUIREMENTS
FROM SIDE AND REAR LOT LINES; OR
3. EXISTING SETBACK REQUIREMENTS FOR A PROPERTY
BEING CONVERTED TO RESIDENTIAL OR MIXED–USE THROUGH ADAPTIVE REUSE;
(III) RESTRICTIONS ON LOT SIZE OR COVERAGE;
(IV) MANDATORY WALLS, FENCES, OR SCREENING;
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Ch. 726 2026 LAWS OF MARYLAND
(V) MANDATORY USE OF IMPERVIOUS PAVEMENT OUTDOORS
UNLESS IF NECESSARY FOR:
1. DISABILITY ACCOMMODATION; OR
2. PUBLIC HEALTH AND SAFETY; OR
(VI) MANDATORY NONPUBLIC OPEN SPACE OR COMMON AREAS.
(5) A COUNTY MAY NOT REQUIRE A PERMITTED DEVELOPMENT TO
INCLUDE A PERCENTAGE OF AFFORDABLE DWELLING UNITS GREATER THAN THE
PERCENTAGE OTHERWISE REQUIRED IN RESIDENTIAL ZONES IN THAT COUNTY.
(6) A COUNTY MAY REQUIRE:
(I) UP TO 20% OF THE AVAILABLE FLOOR SPACE OF A
PERMITTED DEVELOPMENT TO BE DEDICATED TO RETAIL USES; AND
(II) A PERMITTED DEVELOPMENT TO INCLUDE ON–SITE
PARKING.
(7) A COUNTY MAY REGULATE THE SITING AND DESIGN OF A
PERMITTED DEVELOPMENT.
(8) A COUNTY MAY NOT IMPOSE A MINIMUM OFF–STREET PARKING
REQUIREMENT ON A PERMITTED DEVELOPMENT, EXCEPT AS NECESSARY TO
COMPLY WITH FEDERAL LAW.
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.
(i) (1) “Mixed–use” means any combination of a residential use with a
recreational, office, dining, or retail use.
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WES MOORE, Governor Ch. 726
(2) “Mixed–use” does not mean any combination of a residential use with
an industrial or hazardous use.
10–103.
(a) Except as provided in this section, this division does not apply to Baltimore
City.
(b) The following provisions of this division apply to Baltimore City:
(1) this title;
(2) § 1–101(m) (Definitions – “Priority funding area”);
(3) § 1–101(o) (Definitions – “Sensitive area”);
(4) § 1–201 (Visions);
(5) § 1–206 (Required education);
(6) § 1–207 (Annual report – In general);
(7) § 1–208 (Annual report – Measures and indicators);
(8) Title 1, Subtitle 3 (Consistency);
(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties
– Comprehensive Plans; Implementation);
(10) § 4–104(c) (Limitations – Bicycle parking);
(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings);
(12) § 4–104(E) (MULTIFAMILY DEVELOPMENTS AND MIXED–USE
DEVELOPMENTS);
(13) § 4–205 (Administrative adjustments);
[(13)] (14) § 4–208 (Exceptions – Maryland Accessibility Code);
[(14)] (15) § 4–210 (Permits and variances – Solar panels);
[(15)] (16) § 4–211 (Change in zoning classification – Energy generating
systems);
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Ch. 726 2026 LAWS OF MARYLAND
[(16)] (17) § 4–215 (Pollinator–friendly vegetation management);
[(17)] (18) § 4–216 (Limitations – Family child care homes and large family
child care homes);
[(18)] (19) Title 4, Subtitle 5 (Accessory Dwelling Units);
[(19)] (20) § 5–102(d) (Subdivision regulations – Burial sites);
[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms);
[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights);
[(22)] (23) Title 7, Subtitle 3 (Development Rights and Responsibilities
Agreements);
[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning);
[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); and
[(25)] (26) Title 11, Subtitle 2 (Civil Penalty).
Article – Real Property
2–127.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “MIXED–USE DEVELOPMENT” HAS THE MEANING STATED IN §
4–104(E) OF THE LAND USE ARTICLE.
(3) “MULTIFAMILY DEVELOPMENT” HAS THE MEANING STATED IN §
4–104(E) OF THE LAND USE ARTICLE.
(4) “RESTRICTION ON USE” INCLUDES ANY COVENANT,
RESTRICTION, OR CONDITION CONTAINED IN:
(I) A DEED;
(II) A DECLARATION;
(III) A CONTRACT;
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WES MOORE, Governor Ch. 726
(IV) THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION;
(V) A SECURITY INSTRUMENT; OR
(VI) ANY OTHER INSTRUMENT AFFECTING:
1. THE TRANSFER OR SALE OF REAL PROPERTY; OR
2. ANY OTHER INTEREST IN REAL PROPERTY.
(B) (1) IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE
PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS, A
RESTRICTION ON USE REGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE
AN UNREASONABLE LIMITATION ON THE ABILITY OF THE PROPERTY OWNER TO
BUILD A RESIDENTIAL DEVELOPMENT OR MIXED–USE DEVELOPMENT.
(2) FOR THE PURPOSE OF PARAGRAPH (1) OF THIS SUBSECTION, AN
UNREASONABLE LIMITATION INCLUDES A LIMITATION THAT:
(I) SIGNIFICANTLY INCREASES THE COST OF DEVELOPING A
MULTIFAMILY DEVELOPMENT OR MIXED–USE DEVELOPMENT; OR
(II) PROHIBITS, EITHER EXPLICITLY OR BY EFFECT OF THE
RESTRICTIONS, A MULTIFAMILY DEVELOPMENT OR MIXED–USE DEVELOPMENT.
(C) THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC
PROPERTY THAT IS LISTED IN OR DETERMINED BY THE DIRECTOR OF THE
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND
REGISTER OF HISTORIC PROPERTIES.
(a) (1) In this section the following words have the meanings indicated.
(2) “Department” means the Department of Housing and Community
Development.
(3) “Residential–in–commercial–zone (RICZ) law” means statewide
legislation that requires local jurisdictions to allow multifamily residential or mixed–use
developments as a permitted use in at least some commercially zoned areas.
(b) The Department shall conduct a study of RICZ laws, which shall include:
(1) a summary and comparison of RICZ laws enacted by other states;
(2) an assessment of the impact of RICZ laws on:
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Ch. 726 2026 LAWS OF MARYLAND
(i) urban communities where there is already a mix of commercial
and residential uses;
(ii) local infrastructure;
(iii) local economic development goals; and
(iv) housing production; and
(3) recommendations regarding appropriate requirements and restrictions
applicable to multifamily residential and mixed–use development under RICZ laws,
including recommendations regarding:
(i) off–street parking requirements;
(ii) allowed density;
(iii) first–floor nonresidential use requirements;
(iv) building height restrictions;
(v) the types of commercial areas appropriate for multifamily
residential and mixed–use developments; and
(vi) special considerations for urban, suburban, and rural areas.
(c) On or before December 1, 2026, the Department shall report its findings and
recommendations to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 2026. It shall remain effective for a period of 1 year and, at the end of May
31, 2027, this Act, with no further action required by the General Assembly, shall be
abrogated and of no further force and effect.
Approved by the Governor, May 26, 2026.
– 10 –Every fact on this page links to its source, starting with the official bill record.