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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1517*
HOUSE BILL 1517
L6, C9 6lr2458
By: Delegates Behler and Allen
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Land Use – Qualified Project – Retaliatory Downzoning 2
FOR the purpose of establishing that a “qualified project” is a certain residential project 3
that has been subject to retaliatory downzoning; requiring a local jurisdicti on to 4
allow the density of a certain qualified project that has been subject to retaliatory 5
downzoning to exceed the density otherwise authorized; authorizing a certain 6
qualified project to consist of certain types of developments with certain density 7
limits; and generally relating to the allowable density of a qualified project. 8
BY repealing and reenacting, without amendments, 9
Article – Land Use 10
Section 1–101(a) and (i) 11
Annotated Code of Maryland 12
(2012 Volume and 2025 Supplement) 13
BY adding to 14
Article – Land Use 15
Section 7–505.1 16
Annotated Code of Maryland 17
(2012 Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Land Use 21
1–101. 22
(a) In this division the following words have the meanings indicated. 23
2 HOUSE BILL 1517
(i) “Local jurisdiction” means a county or municipal corporation and the territory 1
within which its powers may be exercised. 2
7–505.1. 3
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(2) “QUALIFIED PROJECT” MEANS A RESIDENTIAL PROJECT THAT: 6
(I) CONSISTS OF NEW CONSTRUCTION OR SUBSTANTIAL 7
RENOVATION; 8
(II) HAS BEEN TARGETED BY RETALIATORY DOWNZONING; 9
(III) OTHERWISE QUALIFIES AS A QUALIFIED PROJECT UNDER § 10
7–502, § 7–503, OR § 7–504 OF THIS SUBTITLE; 11
(IV) EXCEPT AS PROVIDED IN ITEM (V) OF THIS PARAGRAPH: 12
1. CONTAINS AT LEAST 15% OF UNITS THAT ARE 13
AFFORDABLE DWELLING UNITS; AND 14
2. IS DEED –RESTRICTED TO INCLUD E 15% OF UNITS 15
THAT ARE AFFORDABLE DWELLING UNITS FOR A PERIOD OF AT LEAST 40 YEARS; 16
AND 17
(V) IN A LOCAL JURISDICTION THAT, ON OR BEFORE DECEMBER 18
31, 2024, HAS REQUIREMENTS EQU AL TO OR EXCEEDING T HE REQUIREMENTS 19
UNDER ITEM (IV) OF THIS PARAGRAPH: 20
1. CONTAINS AT LEAST 20% OF UNITS THAT ARE 21
AFFORDABLE DWELLING UNITS; AND 22
2. IS DEED –RESTRICTED TO INCLUD E 20% OF UNITS 23
THAT ARE AFFORDABLE DWELLING UNITS FOR A PERIOD OF AT LEAST 40 YEARS. 24
(3) “RETALIATORY DOWN ZONING” MEANS THE REZONING OF A 25
PROJECT OR PROPERTY TO REDUCE THE OTHERW ISE PERMITTED RESIDE NTIAL 26
DENSITY WHERE A LOCAL OFFICIAL: 27
(I) IDENTIFIES THE PROJE CT OR PROPERTY BY NA ME, 28
ADDRESS, OR MATERIAL DESCRIPT ION IN ANY PUBLIC OR CONSTITUENT 29
COMMUNICATION; 30
HOUSE BILL 1517 3
(II) PUBLICLY STATES OR C OMMUNICATES OPPOSITI ON OR 1
CONCERN IN ANY FORUM , INCLUDING CONSTITUEN T E –MAILS, COMMUNITY 2
MEETINGS, OR MEDIA INTERVIEWS; 3
(III) ENACTS, SPONSORS, OR CAUSES TO BE ENAC TED OR 4
SPONSORED A ZONING DESIGNATION CHANGE THAT REDUCES THE PERMITTED 5
RESIDENTIAL DENSITY OF THE PROPERTY WHEN THE MAJORITY OF THE PROPERTY 6
HAS BEEN ZONED UNDER THE SAME DESIGNATION FOR NOT LESS THAN 25 7
CONSECUTIVE YEARS; AND 8
(IV) WITHIN 4 YEARS AFTER PUBLICLY OPPOSING THE PROJECT 9
OR PROPERTY , TAKES LEGISLATIVE OR ADMINISTRATIVE ACTIO NS THAT 10
MATERIALLY DELAY, OBSTRUCT, OR BURDEN REDEVELOPMENT OF THE PROPERTY 11
AND ARE DONE IN A MANNER INCONSISTENT WITH OR CONTRARY TO THE WRITTEN 12
RECOMMENDATIONS OF THE LOCAL PLANN ING, TRANSPORTATION, OR PUBLIC 13
WORKS DEPARTMENTS. 14
(B) (1) IN ACCORDANCE WITH THIS SUBSECTION, A LOCAL JURISDICTION 15
SHALL ALLOW THE DENS ITY OF A QUALIFIED P ROJECT TO EXCEED THE DENSITY 16
OTHERWISE AUTHORIZED IN A DISTRICT OR ZONE. 17
(2) IN AN AREA ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE, A 18
QUALIFIED PROJECT MAY INCLUDE MIDDLE HOUSING UNITS. 19
(3) IN AN AREA ZONED FOR MULTIFAMILY RESIDENT IAL USE , A 20
QUALIFIED PROJECT: 21
(I) SHALL HAVE A DENSITY THAT IS THE GREATER OF: 22
1. A LIMIT TH AT EXCEEDS BY 60% THE ALLOWABLE 23
DENSITY IN THAT ZONE FOR USES THAT ARE NO T PART OF A QUALIFIE D PROJECT; 24
OR 25
2. 50% OF THE DENSITY ALLOW ED UNDER THE 26
PREVIOUS ZONING; AND 27
(II) MAY CONSIST OF MIXED–USE. 28
(4) SUBJECT TO § 7–509 OF THIS SUBTITLE, IN AN AREA ZONED FOR 29
NONRESIDENTIAL USE , A QUALIFIED PROJECT MAY CONSIST OF MIXED –USE 30
DEVELOPMENT WITH DEN SITY LIMITS THAT DO NOT EXCEED THE HIGHE ST 31
ALLOWABLE DENSITY IN THE LOCAL JURISDICTI ON’S MULTIFAMILY RESIDE NTIAL 32
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ZONES. 1
(5) IN AN AREA ZONED FOR MIXED–USE, A QUALIFIED PROJECT MAY 2
INCLUDE 60% MORE HOUSING UNITS THAN ARE ALLOWED IN THAT ZONE FOR USES 3
THAT ARE NOT PART OF A QUALIFIED PROJECT. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6