Municipalities - Annexation - Limitations, the official text

WES MOORE, Governor                        Ch. 303

Chapter 303

                   (House Bill 1178)

AN ACT concerning

                   Municipalities – Annexation – Limitations

FOR the purpose of prohibiting requiring a municipality from annexing that is seeking to
         annex land that is located in a different legislative district than a legislative district
         in which the municipality is located without first obtaining the consent of notifying
         to notify certain members of the General Assembly in a certain manner; prohibiting
         a municipality from annexing land that is owned by the United States, the State, a
         political subdivision of the State, or a unit of the State or a political subdivision of
         the State, or a certain tax–exempt entity, unless the municipality first obtains the
         consent of the governmental entity or tax–exempt entity; and generally relating to
         municipal annexation.

BY repealing and reenacting, with amendments,
         Article – Local Government
         Section 4–401
         Annotated Code of Maryland
         (2013 Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – Local Government
         Section 4–406(a)
         Annotated Code of Maryland
         (2013 Volume and 2025 Supplement)

BY adding to
         Article – Local Government
         Section 4–406(g)
         Annotated Code of Maryland
         (2013 Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Local Government

4–401.

         (a) Subject to subsections (b) and (c) of this section, the legislative body of a
municipality may enlarge its boundaries by annexation as provided in this subtitle.

(b) The power of annexation applies only to land that:
                                                  –1–
Ch. 303     2026 LAWS OF MARYLAND

                  (1) is contiguous and adjoining to the existing boundaries of the
municipality; and

                  (2) does not create an unincorporated area that is bounded on all sides by:

            (i) real property presently in the boundaries of the municipality;

                           (ii) real property proposed to be in the boundaries of the municipality
as a result of the proposed annexation; or

            (iii) any combination of real property described in item (i) or (ii) of

this item.

(c) A municipality may not annex land that is:

            (1) in another municipality; OR

                (2) LOCATED IN A DIFFERENT LEGISLATIVE DISTRICT THAN A

LEGISLATIVE DISTRICT IN WHICH THE MUNICIPALITY OR ANY PART OF THE
MUNICIPALITY IS LOCATED WITHOUT FIRST OBTAINING THE CONSENT OF

NOTIFYING THE MEMBERS OF THE DELEGATION TO THE GENERAL ASSEMBLY FOR

THE DISTRICT IN WHICH THE LAND IS LOCATED IN ACCORDANCE WITH SUBSECTION

(D) OF THIS SECTION;

                (3) OWNED BY THE UNITED STATES, THE STATE, A POLITICAL
SUBDIVISION OF THE STATE, OR A UNIT OF THE STATE OR A POLITICAL SUBDIVISION
OF THE STATE, WITHOUT FIRST OBTAINING THE CONSENT OF THE GOVERNMENTAL
ENTITY THAT OWNS THE LAND; OR

                (4) OWNED BY AN ENTITY THAT IS EXEMPT FROM FEDERAL INCOME
TAXES UNDER § 501 OF THE INTERNAL REVENUE CODE WITHOUT FIRST OBTAINING
THE CONSENT OF THE ENTITY.

4–406.

         (a) After an annexation resolution is introduced, the chief executive and
administrative officer of the municipality shall publish notice in accordance with the
requirements of this section that:

                  (1) briefly and accurately describes the proposed annexation and the
applicable conditions and circumstances; and

                  (2) specifies the date, time, and place that the legislative body sets for the
public hearing on the proposed annexation.

                                                           –2–
         WES MOORE, Governor                         Ch. 303

(D) (G)  AFTER AN IF A MUNICIPALITY IS SEEKING TO ANNEX LAND THAT

IS LOCATED IN A DIFFERENT LEGISLATIVE DISTRICT THAN THE LEGISLATIVE

DISTRICT IN WHICH THE MUNICIPALITY OR ANY PART OF THE MUNICIPALITY IS

LOCATED, AFTER THE ANNEXATION RESOLUTION IS INTRODUCED, THE

MUNICIPALITY SHALL PROVIDE WRITTEN NOTICE TO THE MEMBERS OF THE

GENERAL ASSEMBLY FOR THE DISTRICT IN WHICH THE LAND IS LOCATED AND FOR

THE DISTRICT TO WHICH THE LAND IS BEING ANNEXED BY:

(1) ELECTRONIC COMMUNICATION; AND

(2) UNITED STATES POSTAL SERVICE.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

Approved by the Governor, April 28, 2026.

         –3–