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Maryland General Assembly· SB0325Approved by the Governor - Chapter 590 (Chapter 590)

Land Use - Permitting - Development Rights (Maryland Housing Certainty Act), the official text

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WES MOORE, Governor                    Ch. 590

Chapter 590

                   (Senate Bill 325)

AN ACT concerning

              Land Use – Permitting – Development Rights
                      (Maryland Housing Certainty Act)

FOR the purpose of requiring the approval of a housing development project application by
         a local regulatory authority or the Maryland–National Capital Park and Planning
         Commission to be governed only by certain laws and regulations in effect at the time
         of submission of a substantially complete application; granting the proponent of an
         approved housing development project certain vested rights related to use and
         development for a certain time period; prohibiting the collection of certain
         development excise taxes and development impact fees before a housing development
         project is completed, subject to a certain exception certain exceptions; and generally
         relating to housing development and land use.

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 12–101 through 12–301 to be under the new title “Title 12. Maryland
                  Housing Certainty Act”
         Annotated Code of Maryland
         (2012 Volume and 2025 Supplement)

BY adding to
         Article – Local Government
         Section 20–128
         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 – Land Use

1–401.

         (a)  Except as provided in this section, this division does not apply to charter
counties.                                              –1–
Ch. 590  2026 LAWS OF MARYLAND

         (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) § 4–208 (Exceptions – Maryland Accessibility Code);
                  (12) § 4–210 (Permits and variances – Solar panels);
                  (13) § 4–211 (Change in zoning classification – Energy generating systems);
                  (14) § 4–212 (Agritourism);
                  (15) § 4–213 (Alcohol production);
                  (16) § 4–214 (Agricultural alcohol production);
                  (17) § 4–215 (Pollinator–friendly vegetation management);
                  (18) § 4–216 (Limitations – Family child care homes and large family child

care homes);
                  (19) Title 4, Subtitle 5 (Accessory Dwelling Units);
                  (20) § 5–102(d) (Subdivision regulations – Burial sites);

                                                           –2–
WES MOORE, Governor  Ch. 590

                  (21) § 5–104 (Major subdivision – Review);
                  (22) Title 7, Subtitle 1 (Development Mechanisms);
                  (23) Title 7, Subtitle 2 (Transfer of Development Rights);
                  (24) except in Montgomery County or Prince George’s County, Title 7,
Subtitle 3 (Development Rights and Responsibilities Agreements);
                  (25) Title 7, Subtitle 4 (Inclusionary Zoning);
                  (26) Title 7, Subtitle 5 (Housing Expansion and Affordability);
                  (27) § 8–401 (Conversion of overhead facilities);
                  (28) for Baltimore County only, Title 9, Subtitle 3 (Single–County
Provisions – Baltimore County);
                  (29) for Frederick County only, Title 9, Subtitle 10 (Single–County
Provisions – Frederick County);
                  (30) for Howard County only, Title 9, Subtitle 13 (Single–County
Provisions – Howard County);
                  (31) for Talbot County only, Title 9, Subtitle 18 (Single–County
Provisions – Talbot County); [and]

                (32) Title 11, Subtitle 2 (Civil Penalty); AND

                (33) TITLE 12 (MARYLAND HOUSING CERTAINTY ACT).
         (c) This section supersedes any inconsistent provision of Division II of this article.
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”);

–3–
Ch. 590  2026 LAWS OF MARYLAND

                  (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) § 4–205 (Administrative adjustments);
                  (13) § 4–208 (Exceptions – Maryland Accessibility Code);
                  (14) § 4–210 (Permits and variances – Solar panels);
                  (15) § 4–211 (Change in zoning classification – Energy generating systems);
                  (16) § 4–215 (Pollinator–friendly vegetation management);
                  (17) § 4–216 (Limitations – Family child care homes and large family child
care homes);
                  (18) Title 4, Subtitle 5 (Accessory Dwelling Units);
                  (19) § 5–102(d) (Subdivision regulations – Burial sites);
                  (20) Title 7, Subtitle 1 (Development Mechanisms);
                  (21) Title 7, Subtitle 2 (Transfer of Development Rights);
                  (22) Title 7, Subtitle 3 (Development Rights and Responsibilities
Agreements);
                  (23) Title 7, Subtitle 4 (Inclusionary Zoning);
                (24) Title 7, Subtitle 5 (Housing Expansion and Affordability); [and]
                (25) Title 11, Subtitle 2 (Civil Penalty); AND

                                                           –4–
          WES MOORE, Governor                                 Ch. 590

          (26) TITLE 12 (MARYLAND HOUSING CERTAINTY ACT).

          TITLE 12. MARYLAND HOUSING CERTAINTY ACT.

          SUBTITLE 1. GENERAL PROVISIONS.

12–101.

        (A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

        (B) “COMMISSION” MEANS THE MARYLAND–NATIONAL CAPITAL PARK AND
PLANNING COMMISSION.

        (C) “COMPLETE APPLICATION” MEANS A HOUSING DEVELOPMENT

PROJECT APPLICATION THAT INCLUDES ALL MATERIALS AND INFORMATION

REQUIRED FOR PROCESSING AND SUBSTANTIVE REVIEW AS DETERMINED BY THE

COMMISSION OR THE LOCAL REGULATORY AUTHORITY, BUT MAY CONTAIN
NONSUBSTANTIVE ERRORS, OMISSIONS, OR SIMILAR INCONSEQUENTIAL
DEFICIENCIES.

        (D) “HOUSING CONSTRUCTION PERMIT” MEANS A BUILDING PERMIT
REQUIRED BY A LOCAL REGULATORY AUTHORITY OR THE COMMISSION TO
COMMENCE OR CONTINUE THE CONSTRUCTION, SUBSTANTIAL RENOVATION, OR
IMPROVEMENT OF RESIDENTIAL REAL ESTATE.

(D) (E)   “HOUSING DEVELOPMENT PROJECT” MEANS THE NEW

CONSTRUCTION OR SUBSTANTIAL RENOVATION OF A RESIDENTIAL REAL ESTATE

PROJECT.

(E) (F)   “HOUSING DEVELOPMENT PROJECT APPLICATION” MEANS AN

APPLICATION FOR A BUILDING PERMIT, CERTIFICATION, AUTHORIZATION, SITE

PLAN APPROVAL, SUBDIVISION APPROVAL, CONCEPTUAL PLAN, OR ANY OTHER

DETERMINATION BY A LOCAL REGULATORY AUTHORITY OR THE COMMISSION

RELATING TO A HOUSING DEVELOPMENT PROJECT THAT HAS BEEN SUBMITTED TO

A LOCAL REGULATORY AUTHORITY OR THE COMMISSION IN COMPLIANCE WITH

APPLICABLE REQUIREMENTS.

(F) (G)   “LOCAL REGULATORY AUTHORITY” MEANS:

          (1) THE GOVERNING BODY OF A LOCAL JURISDICTION; OR

                          –5–
Ch. 590  2026 LAWS OF MARYLAND

                (2) A DEPARTMENT, BOARD, COMMISSION, OR OTHER ENTITY OF A

LOCAL JURISDICTION RESPONSIBLE FOR PROCESSING OR APPROVING AN

APPLICATION FOR A HOUSING CONSTRUCTION PERMIT.

        (H) “PHASE” MEANS A DISCRETE, PLANNED PORTION OF A LARGER
HOUSING DEVELOPMENT PROJECT THAT:

                (1) IS CONSTRUCTED INDEPENDENTLY OF AND SEQUENTIALLY WITH
OTHER PORTIONS OF THE PROJECT;

         (2) INCLUDES 25 OR MORE HOUSING UNITS; AND

                (3) INCLUDES ANY IMPROVEMENTS NECESSARY TO FUNCTION
INDEPENDENTLY FROM THE OTHER PORTIONS OF THE PROJECT.

(G) (I)  “PHASED DEVELOPMENT PLAN” MEANS A SUBDIVISION OR SITE

PLAN IN WHICH THE APPLICANT PROPOSES TO DEVELOP A PROPERTY IN 2 OR MORE

INDIVIDUAL PHASES OVER A PERIOD OF TIME.

        (H) “SUBSTANTIALLY COMPLETE APPLICATION” MEANS A HOUSING

DEVELOPMENT PROJECT APPLICATION THAT SATISFIES A SUBSTANTIAL MAJORITY

OF THE APPLICATION REQUIREMENTS, BUT MAY CONTAIN NONSUBSTANTIVE
ERRORS, OMISSIONS, OR SIMILAR INCONSEQUENTIAL DEFICIENCIES.

         SUBTITLE 2. LOCAL REGULATORY PROCEDURES.

12–201.

        (A) (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, THE
APPROVAL, CONDITIONAL APPROVAL, OR DENIAL OF A HOUSING DEVELOPMENT
PROJECT APPLICATION BY A LOCAL REGULATORY AUTHORITY OR THE COMMISSION

SHALL BE GOVERNED ONLY BY THE DULY ADOPTED LAWS AND REGULATIONS IN

EFFECT AT THE TIME OF SUBMISSION OF A SUBSTANTIALLY COMPLETE

APPLICATION.

                (2) (I) WITHIN 15 30 DAYS AFTER RECEIPT OF A HOUSING
DEVELOPMENT PROJECT APPLICATION, A LOCAL REGULATORY AUTHORITY OR THE
COMMISSION SHALL MAKE A DETERMINATION AS TO WHETHER THE APPLICATION IS
A SUBSTANTIALLY COMPLETE APPLICATION.

                         (II) AFTER MAKING A DETERMINATION UNDER THIS
PARAGRAPH, THE LOCAL REGULATORY AUTHORITY OR THE COMMISSION SHALL:

         –6–
WES MOORE, Governor  Ch. 590

                                 1. PROMPTLY NOTIFY THE APPLICANT OF THE
DETERMINATION AND THE DATE OF THE DETERMINATION; AND

                                 2. IF THE LOCAL REGULATORY AUTHORITY OR THE
COMMISSION HAS DETERMINED THAT THE APPLICATION IS NOT A SUBSTANTIALLY
COMPLETE APPLICATION, PROVIDE THE APPLICANT WITH A LIST OF DEFICIENCIES
AND A REASONABLE TIME FRAME FOR CURING THE DEFICIENCIES.

                (3) IF A LOCAL REGULATORY AUTHORITY OR THE COMMISSION FAILS

TO NOTIFY AN APPLICANT OF ITS DETERMINATION REGARDING THE COMPLETENESS

OF A HOUSING DEVELOPMENT APPLICATION WITHIN 20 35 DAYS AFTER RECEIPT OF
THE APPLICATION, THE APPLICATION IS DEEMED TO BE A SUBSTANTIALLY
COMPLETE APPLICATION FOR PURPOSES OF THIS SECTION.

                (4) (I) WHEN A LOCAL REGULATORY AUTHORITY OR THE
COMMISSION PROVIDES FOR THE APPROVAL OF A HOUSING DEVELOPMENT

PROJECT IN MULTIPLE STAGES REQUIRES APPROVAL OF MULTIPLE HOUSING
DEVELOPMENT PROJECT APPLICATIONS FOR THE COMPLETION OF A HOUSING

DEVELOPMENT PROJECT, THE DATE OF A COMPLETE OR SUBSTANTIALLY
COMPLETE APPLICATION SUBMISSION UNDER PARAGRAPH (1) OF THIS SUBSECTION

SHALL BE THE DATE OF THE FIRST COMPLETE OR SUBSTANTIALLY COMPLETE
APPLICATION SUBMISSION FOR ANY PROCESS THAT MAY CULMINATE IN THE FINAL
APPROVAL OF THE APPLICATION COMPLETION OF A HOUSING DEVELOPMENT

PROJECT.

                         (II) A ZONING TEXT AMENDMENT, APPLICATION FOR
REZONING, OR OTHER LOCAL EQUIVALENT MAY NOT BE CONSIDERED AS A PROCESS

THAT MAY CULMINATE IN THE FINAL APPROVAL OF AN APPLICATION UNDER THIS

PARAGRAPH COMPLETION OF A HOUSING DEVELOPMENT PROJECT.

        (B) AFTER A HOUSING DEVELOPMENT PROJECT HAS RECEIVED ALL
REQUIRED APPROVALS, THE PROPONENT OF THE PROJECT SHALL HAVE A VESTED
RIGHT TO THAT AUTHORIZED USE AND DEVELOPMENT FOR THE LONGER OF:

                (1) 5 YEARS; OR

                (2) A PERIOD DETERMINED BY THE LOCAL REGULATORY AUTHORITY
OR THE COMMISSION.

        (C) FOR PURPOSES OF THIS SECTION, EACH DISCRETE PHASE OF A

HOUSING DEVELOPMENT PROJECT SUBJECT TO A PHASED DEVELOPMENT PLAN

SHALL BE CONSIDERED A DISCRETE HOUSING DEVELOPMENT PROJECT.

–7–
Ch. 590  2026 LAWS OF MARYLAND

        (D) THIS SECTION MAY NOT BE CONSTRUED TO:

                (1) SUBJECT TO THE VESTING PERIOD IN SUBSECTION (B) OF THIS
SECTION, PREVENT THE EXPIRATION OF AN APPROVAL OF A HOUSING

DEVELOPMENT PROJECT APPLICATION IN ACCORDANCE WITH THE LAWS OR
REGULATIONS GOVERNING A LOCAL REGULATORY AUTHORITY OR THE

COMMISSION; OR

                (2) LIMIT THE ABILITY OF A LOCAL REGULATORY AUTHORITY OR THE
COMMISSION TO:

                         (I) REQUIRE APPROVALS OR PERMITS FOR EACH PHASE OF A

HOUSING DEVELOPMENT PROJECT SUBJECT TO A PHASED DEVELOPMENT PLAN IN
ACCORDANCE WITH THE LAWS AND REGULATIONS IN EFFECT AT THE TIME OF
SUBMISSION OF A SUBSTANTIALLY COMPLETE APPLICATION FOR EACH RESPECTIVE

PHASE;

                         (II) ENFORCE HEALTH AND SAFETY LAWS OR REGULATIONS
THAT ARE NECESSARY TO ADDRESS IMMEDIATE THREATS TO PUBLIC SAFETY;

                         (III) EXECUTE A DEVELOPMENT RIGHTS AND RESPONSIBILITIES
AGREEMENT UNDER TITLE 7, SUBTITLE 3 OF THIS ARTICLE; OR

                         (IV) APPROVE A ZONING TEXT AMENDMENT, APPLICATION FOR
REZONING, OR OTHER LOCAL EQUIVALENT TO INCREASE THE DENSITY OF A

HOUSING DEVELOPMENT PROJECT BEYOND THE MAXIMUM ALLOWABLE AMOUNT AT
THE TIME OF COMPLETE OR SUBSTANTIALLY COMPLETE APPLICATION SUBMISSION

UNDER SUBSECTION (A) OF THIS SECTION.

        (E) THE REQUIREMENTS OF THIS SECTION APPLY TO A LOCAL REGULATORY
AUTHORITY AND THE COMMISSION ONLY TO THE EXTENT THAT THE REQUIREMENTS
DO NOT CONFLICT WITH OTHER STATE OR FEDERAL LAWS OR REGULATIONS.

                                       SUBTITLE 3. SHORT TITLE.

12–301.

        THIS TITLE MAY BE CITED AS THE MARYLAND HOUSING CERTAINTY ACT.

                                         Article – Local Government

20–128.

         –8–
WES MOORE, Governor  Ch. 590

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “DEVELOPMENT EXCISE TAX” MEANS AN EXCISE TAX IMPOSED BY

A COUNTY OR MUNICIPALITY ON THE CONSTRUCTION OR IMPROVEMENT OF A

BUILDING.

                (3) “DEVELOPMENT IMPACT FEE” MEANS A FEE IMPOSED BY A

COUNTY OR MUNICIPALITY FOR THE PURPOSE OF FINANCING ANY OF THE CAPITAL

COSTS OF ADDITIONAL OR EXPANDED PUBLIC WORKS, IMPROVEMENTS, AND
FACILITIES REQUIRED TO ACCOMMODATE NEW CONSTRUCTION OR DEVELOPMENT.

                (4) “RESIDENTIAL REAL ESTATE PROJECT” INCLUDES A MIXED–USE
DEVELOPMENT THAT INCLUDES RESIDENTIAL UNITS.

        (B) THIS SECTION APPLIES ONLY TO:

                (1) A COUNTY THAT:

                         (I) IS A CHARTER COUNTY THAT IMPOSES, BY LAW,
DEVELOPMENT IMPACT FEES, SURCHARGES,, SURCHARGES, OR DEVELOPMENT
EXCISE TAXES;

                         (II) IS A CODE COUNTY WITH PUBLIC LOCAL LAWS THAT
REQUIRE THE PAYMENT OF DEVELOPMENT IMPACT FEES, SURCHARGES,,
SURCHARGES, OR DEVELOPMENT EXCISE TAXES; OR

                         (III) IS A COMMISSION COUNTY THAT:

                                 1. HAS BEEN AUTHORIZED TO ENACT DEVELOPMENT
IMPACT FEES, SURCHARGES,, SURCHARGES, OR DEVELOPMENT EXCISE TAXES; AND

                                 2. HAS ENACTED, BY LOCAL LAW, DEVELOPMENT
IMPACT FEES, SURCHARGES,, SURCHARGES, OR DEVELOPMENT EXCISE TAXES; AND

                (2) A MUNICIPALITY THAT IMPOSES, BY LOCAL LAW, DEVELOPMENT
IMPACT FEES, SURCHARGES,, SURCHARGES, OR DEVELOPMENT EXCISE TAXES.

        (C) (1) ANY EXCEPT AS PROVIDED IN PARAGRAPH PARAGRAPHS (2) AND
(3) OF THIS SUBSECTION, ANY DEVELOPMENT EXCISE TAX OR DEVELOPMENT

IMPACT FEE IMPOSED ON A RESIDENTIAL REAL ESTATE PROJECT UNDER THE

AUTHORITY GRANTED IN THIS ARTICLE MAY NOT BE COLLECTED UNTIL AFTER:

–9–
Ch. 590  2026 LAWS OF MARYLAND

                (1) (I) CONSTRUCTION OF THE RESIDENTIAL REAL ESTATE
PROJECT IS COMPLETE; AND

                (2) (II) ALL REQUIREMENTS FOR A CERTIFICATE OF OCCUPANCY,
OCCUPANCY PERMIT, OR OTHER LOCAL EQUIVALENT FOR THE RESIDENTIAL REAL
ESTATE PROJECT HAVE BEEN MET.

                (2) A DEVELOPMENT EXCISE TAX OR DEVELOPMENT IMPACT FEE

IMPOSED ON A RESIDENTIAL REAL ESTATE PROJECT UNDER THE AUTHORITY
GRANTED IN THIS ARTICLE MAY BE COLLECTED AS A PRECONDITION TO

CONDUCTING A FINAL INSPECTION, BUT NOT MORE THAN 30 DAYS BEFORE THE
DATE OF THE INSPECTION.

                (3) THIS SUBSECTION DOES NOT APPLY TO THE COLLECTION OF A

DEVELOPMENT EXCISE TAX OR DEVELOPMENT IMPACT FEE THAT WAS IMPOSED ON A
RESIDENTIAL REAL ESTATE PROJECT TO FINANCE A COUNTY DEBT THAT WAS

INCURRED ON OR BEFORE JANUARY 1, 2026.

        (D) NOTWITHSTANDING ANY OTHER LAW, A COUNTY OR MUNICIPALITY

THAT IMPOSES A DEVELOPMENT EXCISE TAX OR DEVELOPMENT IMPACT FEE ON A
RESIDENTIAL REAL ESTATE PROJECT UNDER THE AUTHORITY GRANTED IN THIS

ARTICLE MAY DENY, WITHHOLD, OR REVOKE A CERTIFICATE OF OCCUPANCY,
OCCUPANCY PERMIT, OR OTHER LOCAL EQUIVALENT IF THE DEVELOPMENT EXCISE

TAX OR DEVELOPMENT IMPACT FEE IS NOT PAID WITHIN A REASONABLE TIME

PERIOD SET BY THE COUNTY OR MUNICIPALITY.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 26, 2026.

         – 10 –
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