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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1141*
HOUSE BILL 1141
L6 6lr3126
By: Delegates S. Johnson and A. Johnson
Introduced and read first time: February 11, 2026
Assigned to: Government, Labor, and Elections
A BILL ENTITLED
AN ACT concerning 1
Municipal Incorporation – County Commissioners or County Council – 2
Required Approval of Referendum Request 3
FOR the purpose of increasing the minimum population threshold for municipal 4
incorporation; requiring a certain organizing committee to make certain 5
determinations and provide a certain report to the county commissioners or county 6
council of a certain county regarding a proposed municipal incorporation; requiring 7
the county to post a certain repo rt on the county’s website within a certain time 8
frame; requiring a certain organizing committee to present a certain statement with 9
a proposed municipal charter; requiring the county commissioners or county council 10
to approve a certain referendum request in a certain manner if a valid petition to 11
incorporate an area as a municipality is presented by a certain percentage of the 12
registered voters who are residents of the area proposed to be incorporated; requiring 13
the county commissioners or county council t o specify in a certain resolution that a 14
certain vote shall be held in the next general election under certain circumstances; 15
and generally relating to the incorporation of municipalities. 16
BY repealing and reenacting, without amendments, 17
Article – Local Government 18
Section 4–201, 4–202, and 4–204 19
Annotated Code of Maryland 20
(2013 Volume and 2025 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Local Government 23
Section 4–203 and 4–205 through 4–207 24
Annotated Code of Maryland 25
(2013 Volume and 2025 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
2 HOUSE BILL 1141
Article – Local Government 1
4–201. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) “County liaison” means a county official, or the designee of the county official, 4
who coordinates communication between the organizing committee and the county. 5
(c) “Organizing committee” means the group of individuals from the organizing 6
community that works with the county commissioners or county council on the proposed 7
municipal incorporation after a petition for incorporation is verified. 8
(d) “Organizing community” means individuals residing in an unincorporated 9
area who are interested in forming a municipality. 10
4–202. 11
This subtitle governs municipal incorporation. 12
4–203. 13
An area proposed to be incorporated shall contain at least [300] 600 residents before 14
the organizing community may proceed under this subtitle. 15
4–204. 16
(a) A proposal to incorporate an area as a municipality is initiated when a valid 17
petition is presented to the county commissioners or county council of a county by: 18
(1) at least 25% of the registered voters who are residents of the area 19
proposed to be incorporated; or 20
(2) at least 20% of the registered voters who are residents of the area 21
proposed to be incorporated, together with the owners of at least 25% of the assessed 22
valuation of the real property of the area proposed to be incorporated. 23
(b) The Office of the Attorney General shall: 24
(1) create a standard petition form for use by an organizing community; 25
and 26
(2) provide the board of elections of each county with the form for 27
distribution to an organizing community. 28
(c) A petition presented under subsection (a) of this section shall: 29
HOUSE BILL 1141 3
(1) express the interest of the subscribing individuals in the incorporation 1
of the area; 2
(2) contain a detailed description of the boundaries of the area proposed to 3
be incorporated, including a survey of courses and di stances or general landmarks and 4
place names; 5
(3) state the name of the new municipality, which may not be the same as 6
a name used by a municipality or county in the State; and 7
(4) state the names of the individuals who will initially represent the 8
organizing community on the organizing committee. 9
(d) The organizing community shall obtain the minimum number of valid 10
signatures required under subsection (a) of this section within 18 months after the 11
organizing community receives the standard petitio n form from the county board of 12
elections. 13
(e) Each person signing the petition shall indicate on the petition: 14
(1) the person’s name and residence address; and 15
(2) if the petition is intended to be presented under subsection (a)(2) of this 16
section and the person signing the petition owns real property in the area proposed to be 17
incorporated, the location and assessed valuation of the property. 18
(f) Within 60 days after receiving a petition, the county commissioners or county 19
council shall: 20
(1) verify that each person who signed the petition: 21
(i) resides in the area proposed to be incorporated; 22
(ii) is registered to vote in the elections of that county; and 23
(iii) if applicable, owns real property within the area proposed to be 24
incorporated; 25
(2) verify that the petition meets the requirements of this section; and 26
(3) appoint a county liaison if the petition meets the requirements of this 27
section. 28
(g) A petition, when received, becomes the property of the county commissioners 29
or county council and may not be used to initiate another incorporation. 30
4 HOUSE BILL 1141
(h) A proposal to incorporate a municipality and to adopt a municipal charter may 1
not be rescinded after the formal submission of the proposal in a manner other than that 2
of a formal charter repeal as provided in §§ 4–313 and 4–314 of this title. 3
4–205. 4
(a) (1) Within 90 days after the county commissioners or county council has 5
verified that a petition presented under § 4 –204 of this subtitle is valid, the organizing 6
committee shall: 7
(i) actively seek information and input from the county; 8
(ii) hold a public meeting to collect testimony on the proposed 9
incorporation; [and] 10
(III) DETERMINE: 11
1. THE LIKELY FISCAL EF FECT OF THE PROPOSED 12
INCORPORATION ON RESIDENTS OF THE PROPOSED MUNICIPALITY, RESIDENTS IN 13
THE VICINITY OF THE PROPOSED MUNICIPALITY, AND THE COUNTY; 14
2. THE SERVICES THAT TH E PROPOSED MUNICIPAL ITY 15
IS EXPECTED TO PROVIDE; AND 16
3. ANY ADVERSE ECONOMIC EFFECTS ON THE COUNT Y 17
AS A RESULT OF THE PROPOSED INCORPORATION; AND 18
[(iii)] (IV) provide the county commissioners or county council with a 19
report on issues related to the proposed incorporation. 20
(2) THE COUNTY SHALL POST THE REPORT ON THE CO UNTY’S 21
WEBSITE AS SOON AS THE COUNTY COMMISSIONERS OR COUNTY COUNCIL RECEIVES 22
THE REPORT. 23
[(2)] (3) During the 90–day period, the county shall cooperate fully with 24
the organizing committee. 25
(b) The organizing committee shall: 26
(1) notify the county liaison of all meetings and deliberations of the 27
organizing committee; and 28
(2) give the county liaison full opportunity to participate in all meetings 29
and deliberations of the organizing committee. 30
HOUSE BILL 1141 5
(c) Within 45 days after receiving the report required under subsection 1
[(a)(1)(iii)] (A)(1)(IV) of this section , the county commissioners or county council or its 2
designee may review the report and provide comments to the organizing committee on 3
issues relating to the proposed incorporation. 4
4–206. 5
(a) The organizing committee shall present to the county commissioners or county 6
council a proposed municipal charter: 7
(1) within 45 days after receiving the comments submitted to the 8
organizing committee under § 4–205(c) of this subtitle; or 9
(2) if the county commissioners or county council has not submitted 10
comments, within 90 days after the report is submitted by the organizing committee under 11
[§ 4–205(a)(1)(iii)] § 4–205(A)(1)(IV) of this subtitle. 12
(b) The organizing committee shall submit statements with the proposed 13
municipal charter describing: 14
(1) the likely fiscal effect of the proposed incorporation on residents of the 15
proposed municipality, residents in the vicinity of the proposed municipality, and the 16
county; 17
(2) the services that the proposed municipality is expected to provide; [and] 18
(3) A COMPARISON OF THE PROJECTED ANNUAL EXP ENDITURES 19
REQUIRED TO PROVIDE THE SERVICES PROPOSED IN ITEM (2) OF THIS SUBSECTION 20
AND THE PROJECTED AN NUAL LOCAL INCOME TA X REVENUE TO BE RECEIVED BY 21
THE PROPOSED MUNICIPALITY UNDER § 2–607 OF THE TAX – GENERAL ARTICLE; 22
AND 23
(4) the impact that the proposed incorporation is expected to have on 24
property tax rates. 25
4–207. 26
(A) IF THE COUNTY COMMISS IONERS OR COUNTY COU NCIL RECEIVES A 27
REFERENDUM REQUEST PRESENTED BY AT LEAST 40% OF THE REGISTERED VOTERS 28
WHO ARE RESID ENTS OF THE AREA PRO POSED TO BE INCORPOR ATED, THEN THE 29
COUNTY COMMISSIONERS OR COUNTY COUNCIL SHALL: 30
(1) APPROVE THE REFERENDUM REQUEST; 31
(2) SPECIFY, BY RESOLUTION , THAT A VOTE ON THE P ROPOSED 32
6 HOUSE BILL 1141
INCORPORATION BY THE VOTERS OF THE AREA T O BE INCORPORATED SHALL B E 1
HELD IN THE NEXT GENERAL ELECTION; AND 2
(3) INCLUDE IN THE RESOL UTION THE EXACT TEXT OF THE 3
PROPOSED MUNICIPAL CHARTER AS SUBMITTED BY THE ORGANIZING COMMITTEE. 4
[(a)] (B) (1) If the county commissioners or county council approves [the] A 5
referendum request PRESENTED BY LESS TH AN 40% OF THE REGISTERED VO TERS 6
WHO ARE RESIDENTS OF THE AREA PROPOSED TO BE INCORPORATED , THEN, 7
between 40 and 60 days after it receives the proposed municipal charter, the county 8
commissioners or county coun cil shall specify, by resolution, the day and hours for a vote 9
on the proposed incorporation by the voters of the area to be incorporated. 10
(2) The resolution shall include the exact text of the proposed municipal 11
charter as submitted by the organizing committee. 12
[(b)] (C) (1) If the county commissioners or county council rejects the 13
referendum request, the county commissioners or county council shall: 14
(i) provide in writing and make available to the public within a 15
reasonable time the reasons for the rejection; and 16
(ii) establish reasonable procedures by which the county 17
commissioners or county council shall reconsider a referendum request, including an 18
opportunity for a public hearing with sufficient advance public notice. 19
(2) After the hearing and reconsideration process is completed, the county 20
commissioners or county council, by resolution, shall affirm the rejection or approve the 21
referendum request. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24