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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1236*
HOUSE BILL 1236
N1, L6 6lr2115
By: Delegates Wivell and Valentine
Introduced and read first time: February 11, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Real Property – Prohibition on Restrictions of Accessory Dwelling Units – 2
Historic District Exemption 3
FOR the purpose of exempting from a prohibition on restriction s on use for accessory 4
dwelling units certain property located within a district designated to be of historic 5
significance; and generally relating to restrictions on use and accessory dwelling 6
units. 7
BY repealing and reenacting, without amendments, 8
Article – Land Use 9
Section 4–501(b) and 8–105 10
Annotated Code of Maryland 11
(2012 Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Real Property 14
Section 2–126 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Land Use 20
4–501. 21
(b) (1) “Accessory dwelling unit” means a secondary dwelling unit that is: 22
(i) on the same lot, parcel, or tract as a primary single –family 23
detached dwelling unit; and 24
2 HOUSE BILL 1236
(ii) not greater than 75% of the size of and subordinate in use to the 1
primary single–family detached dwelling unit. 2
(2) “Accessory dwelling unit” includes a structure that is: 3
(i) separate from the primary single–family detached dwelling unit; 4
or 5
(ii) attached as an addition to the primary single –family detached 6
dwelling unit. 7
8–105. 8
For the purposes of this title, each local jurisdiction may designate boundaries for 9
sites, structures, and districts that are considered to be of historic, archaeological, or 10
architectural significance, by following the procedures of the local jurisdiction for 11
establishing or changing zoning districts and classifications. 12
Article – Real Property 13
2–126. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Accessory dwelling unit” has the meaning stated in § 4–501 of the Land 16
Use Article. 17
(3) “Restriction on use” includes any covenant, restriction, or condition 18
contained in: 19
(i) A deed; 20
(ii) A declaration; 21
(iii) A contract; 22
(iv) The bylaws or rules of a homeowners association; 23
(v) A security instrument; or 24
(vi) Any other instrument affecting: 25
1. The transfer or sale of real property; or 26
2. Any other interest in real property. 27
HOUSE BILL 1236 3
(b) (1) Except as provided in paragraph (2)(ii) of this subsection, if a property 1
owner has the exclusive right to use the property and abides by all applicable laws and 2
regulations, a restriction on use regarding land use may not impose or act to impose an 3
unreasonable limitation on the ability of the property owner to develop or offer for rent an 4
accessory dwelling unit. 5
(2) For the purpose of paragraph (1) of this subsection, an unreasonable 6
limitation: 7
(i) Includes a limitation that prohibits, either explicitly or by effect 8
of the restrictions, the development of an accessory dwelling unit; and 9
(ii) Does not include a limitation on the short –term rental of an 10
accessory dwelling unit. 11
(c) This section does not apply to a restriction on use on [historic]: 12
(1) HISTORIC property that is listed in or determined by the Director of 13
the Maryland Historical Trust to be eligible for inclusion in the Maryland Register of 14
Historic Properties; OR 15
(2) PROPERTY LOCATED WITH IN A DISTRICT DESIGNATED BY THE 16
APPLICABLE LOCAL JUR ISDICTION TO BE OF H ISTORIC SIGNIFICANCE IN 17
ACCORDANCE WITH § 8–105 OF THE LAND USE ARTICLE. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. 20