Preliminary Subdivision and Site Plans – Safe School Route Reports – Requirement

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1296*

HOUSE BILL 1296
L6 6lr1434

By: Delegates Terrasa, Hill, D. Jones, Lehman, and Stewart
Introduced and read first time: February 12, 2026
Assigned to: Economic Matters and Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Preliminary Subdivision and Site Plans – Safe School Route Reports – 2
Requirement 3

FOR the purpose of requiring a certain developer to prepare and submit a certain report 4
concerning safe school routes , subject to certain requirements, as part of a 5
preliminary subdivision or site plan; prohibiting a local jurisdiction from granting a 6
preliminary subdivision or site plan approval except under certain circumstances ; 7
and generally relating to safe school routes for residential development projects. 8

BY repealing and reenacting, with amendments, 9
Article – Land Use 10
Section 1–401 and 10–103 11
Annotated Code of Maryland 12
(2012 Volume and 2025 Supplement) 13

BY adding to 14
Article – Land Use 15
Section 5–501 through 5–505 to be under the new subtitle “Subtitle 5. Safe School 16
Routes” 17
Annotated Code of Maryland 18
(2012 Volume and 2025 Supplement) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Land Use 22

1–401. 23

(a) Except as provided in this section, this division does not apply to charter 24
counties. 25
2 HOUSE BILL 1296

(b) The following provisions of this division apply to a charter county: 1

(1) this subtitle, including Parts II and III (Charter county – 2
Comprehensive plans); 3

(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 4
and “Sensitive area”); 5

(3) § 1–201 (Visions); 6

(4) § 1–206 (Required education); 7

(5) § 1–207 (Annual report – In general); 8

(6) § 1–208 (Annual report – Measures and indicators); 9

(7) Title 1, Subtitle 3 (Consistency); 10

(8) Title 1, Subtitle 5 (Growth Tiers); 11

(9) § 4–104(c) (Limitations – Bicycle parking); 12

(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 13

(11) § 4–208 (Exceptions – Maryland Accessibility Code); 14

(12) § 4–210 (Permits and variances – Solar panels); 15

(13) § 4–211 (Change in zoning classification – Energy generating systems); 16

(14) § 4–212 (Agritourism); 17

(15) § 4–213 (Alcohol production); 18

(16) § 4–214 (Agricultural alcohol production); 19

(17) § 4–215 (Pollinator–friendly vegetation management); 20

(18) § 4–216 (Limitations – Family child care homes and large family child 21
care homes); 22

(19) Title 4, Subtitle 5 (Accessory Dwelling Units); 23

(20) § 5–102(d) (Subdivision regulations – Burial sites); 24

(21) § 5–104 (Major subdivision – Review); 25
HOUSE BILL 1296 3

(22) TITLE 5, SUBTITLE 5 (SAFE SCHOOL ROUTES); 1

(23) Title 7, Subtitle 1 (Development Mechanisms); 2

[(23)] (24) Title 7, Subtitle 2 (Transfer of Development Rights); 3

[(24)] (25) except in Montgomery County or Prince George’s County, Title 4
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 5

[(25)] (26) Title 7, Subtitle 4 (Inclusionary Zoning); 6

[(26)] (27) Title 7, Subtitle 5 (Housing Expansion and Affordability); 7

[(27)] (28) § 8–401 (Conversion of overhead facilities); 8

[(28)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single –County 9
Provisions – Baltimore County); 10

[(29)] (30) for Frederick County only, Title 9, Subtitle 10 (Single –County 11
Provisions – Frederick County); 12

[(30)] (31) for Howard County only, Title 9, Subtitle 13 (Single –County 13
Provisions – Howard County); 14

[(31)] (32) for Talbot County only, Title 9, Sub title 18 (Single –County 15
Provisions – Talbot County); and 16

[(32)] (33) Title 11, Subtitle 2 (Civil Penalty). 17

(c) This section supersedes any inconsistent provision of Division II of this article. 18

SUBTITLE 5. SAFE SCHOOL ROUTES. 19

5–501. 20

(A) IN THIS SU BTITLE THE FOLLOWING WORDS HAVE THE MEANI NGS 21
INDICATED. 22

(B) “AFFECTED SCHOOL” MEANS A PUBLIC ELEMENTARY, MIDDLE, OR HIGH 23
SCHOOL LOCATED WITHI N THE SCHOOL ATTENDA NCE AREA WITHIN WHIC H A 24
PROPOSED RESIDENTIAL DEVELOPMENT IS LOCATED. 25

(C) “DEVELOPER” MEANS A PERSON THAT SUBMITS A SUBDIVISION OR SITE 26
PLAN FOR AT LEAST FIVE RESIDENTIAL DWELLING UNITS. 27
4 HOUSE BILL 1296

(D) “SAFE SCHOOL ROUTE ” MEANS SIDEWALKS , CROSSWALKS, BICYCLE 1
LANES, FOOTPATHS, MULTI–USE TRAILS , AND OTHER INFRASTRUC TURE THAT 2
PROVIDE SAFE PEDESTRIAN AND BICYCLE ACCESS TO A PUBLIC SCHOOL. 3

(E) “SAFE SCHOOL ROUTE REPORT” MEANS AN ANALYSIS SUBMITTED BY A 4
DEVELOPER DETAILING SAFE SCHOOL ROUTE OP PORTUNITIES, INCLUDING 5
INFRASTRUCTURE GAPS AND MITIGATION MEASURES. 6

5–502. 7

IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT NEW RES IDENTIAL 8
DEVELOPMENTS ACTIVEL Y SUPPORT SAFE SCHOO L ROUTES BY REQUIRIN G 9
DEVELOPERS TO IDENTI FY, ASSESS, AND IF NECESSARY , MITIGATE HAZARDS IN 10
PEDESTRIAN AND BICYCLE ROUTES TO SCHOOLS. 11

5–503. 12

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THIS 13
SUBTITLE APPLIES TO ALL RESIDENTIAL DEVELOPMENT PROJECTS PROPOSED BY A 14
DEVELOPER THAT: 15

(1) INCLUDE AT LEAST FIVE RESIDENTIAL DWELLING UNITS; AND 16

(2) ARE LOCATED WITHIN W ALKING DISTANCE OF A N AFFECTED 17
SCHOOL, AS DETERMINED BY THE APPLICABLE COUNTY BOARD OF EDUCATION. 18

(B) THIS SECTION DOES NOT APPLY TO RESIDENTIAL DEVELOPMENT 19
PROJECTS INTENDED AS HOUSING FOR OLDER PERSONS IN ACCORDANCE WITH THE 20
FEDERAL FAIR HOUSING ACT. 21

5–504. 22

(A) AS PART OF A PRELIMINARY SUBDIVISION OR SITE PLAN, A DEVELOPER 23
SHALL PREPARE AND SUBMIT A SAFE SCHOOL ROUTE REPORT. 24

(B) A SAFE SCHOOL ROUTE RE PORT UNDER SUBSECTIO N (A) OF THIS 25
SECTION SHALL: 26

(1) IDENTIFY: 27

(I) EACH AFFECTED SCHOOL THAT WILL SERVE THE PROPOSED 28
DEVELOPMENT; AND 29
HOUSE BILL 1296 5

(II) FOR EACH AFFECTED SCHOOL: 1

1. EXISTING PEDESTRIAN AND BICYCLE 2
INFRASTRUCTURE; AND 3

2. A PROPOSED SAFE SCHOOL ROUTE; 4

(2) INCLUDE AN ASSESSMEN T OF GAPS OR HAZARDS ALONG 5
IDENTIFIED SAFE SCHOOL ROUTES, INCLUDING: 6

(I) MISSING SIDEWALKS; 7

(II) UNSAFE ROAD CROSSINGS; AND 8

(III) A LACK OF BIKE LANES; AND 9

(3) IF GAPS OR HAZARDS EXIST UNDER ITEM (2) OF THIS SUBSECTION, 10
PROPOSE MITIGATION MEASURES, INCLUDING: 11

(I) CONSTRUCTION OF SIDE WALKS OR MULTI –USE PATHS 12
BETWEEN THE PROPOSED DEVELOPMENT AND THE AFFECT ED SCHOOL OR PUBLIC 13
SCHOOL BUS SHELTER; 14

(II) INSTALLATION OF CROS SWALKS, SIGNAGE, OR 15
TRAFFIC–CALMING FEATURES; AND 16

(III) CONNECTIVITY TO EXIS TING PUBLIC PEDESTRI AN OR 17
BICYCLE NETWORKS. 18

(C) A DEVELOPER SHALL COORDINATE WITH THE LOCAL COUNTY BOARD OF 19
EDUCATION AND THE MARYLAND DEPARTMENT OF TRANSPORTATION TO ENSURE 20
A SAFE SCHOOL ROUTE PROPOSED IN ACCORDAN CE WITH THIS SECTION ALIGNS 21
WITH SCHOOL ACCESS POINTS. 22

5–505. 23

(A) A LOCAL JURISDICTION M AY NOT GRANT PRELIMI NARY SUBDIVISION 24
OR SITE PLAN APPROVAL FOR A RESIDENTIAL DEVELOPMENT PROJECT SUBJECT TO 25
THIS SUBTITLE UNTIL AN APPLICABLE SAFE SCHOOL ROUTE REPORT IS REVIEWED 26
AND APPROVED BY THE LOCAL PLANNING APPRO VAL AUTHORITY AND TH E 27
APPLICABLE COUNTY BOARD OF EDUCATION. 28

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(B) UNTIL SUCH TIME AS THE NECESSARY IMPROVEMENTS IDENTIFIED IN A 1
SAFE SCHOOL ROUTE RE PORT ARE COMPLETED T O THE SATISFACTION O F THE 2
LOCAL PLANNING AUTHO RITY AND THE COUNTY BOARD OF EDUCATION , A LOCAL 3
JURISDICTION MAY: 4

(1) IMPOSE A FINANCIAL G UARANTEE ON THE DEVE LOPER FOR THE 5
IMPROVEMENTS IDENTIFIED IN THE SAFE SCHOOL ROUTE REPORT; AND 6

(2) WITHHOLD THE ISSUANCE OF A BUILDING PERMIT. 7

10–103. 8

(a) Except as provided in this section, this division does not apply to Baltimore 9
City. 10

(b) The following provisions of this division apply to Baltimore City: 11

(1) this title; 12

(2) § 1–101(m) (Definitions – “Priority funding area”); 13

(3) § 1–101(o) (Definitions – “Sensitive area”); 14

(4) § 1–201 (Visions); 15

(5) § 1–206 (Required education); 16

(6) § 1–207 (Annual report – In general); 17

(7) § 1–208 (Annual report – Measures and indicators); 18

(8) Title 1, Subtitle 3 (Consistency); 19

(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 20
Comprehensive Plans; Implementation); 21

(10) § 4–104(c) (Limitations – Bicycle parking); 22

(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 23

(12) § 4–205 (Administrative adjustments); 24

(13) § 4–208 (Exceptions – Maryland Accessibility Code); 25

(14) § 4–210 (Permits and variances – Solar panels); 26

HOUSE BILL 1296 7

(15) § 4–211 (Change in zoning classification – Energy generating systems); 1

(16) § 4–215 (Pollinator–friendly vegetation management); 2

(17) § 4–216 (Limitations – Family child care homes and large family child 3
care homes); 4

(18) Title 4, Subtitle 5 (Accessory Dwelling Units); 5

(19) § 5–102(d) (Subdivision regulations – Burial sites); 6

(20) TITLE 5, SUBTITLE 5 (SAFE SCHOOL ROUTES); 7

(21) Title 7, Subtitle 1 (Development Mechanisms); 8

[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 9

[(22)] (23) Title 7, Subtitle 3 (Development Rights and Responsibilities 10
Agreements); 11

[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 12

[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 13

[(25)] (26) Title 11, Subtitle 2 (Civil Penalty). 14

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16