Land Use - Zoning - Limitations (Starter and Silver Homes Act of 2026)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 36
C9, L6 6lr0183
(PRE–FILED) CF HB 239
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Housing and Community Development)
Requested: October 29, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Land Use – Zoning – Limitations 2
(Starter and Silver Homes Act of 2026) 3

FOR the purpose of prohibiting local jurisdictions from adopting or enforcing certain zoning 4
provisions relating to lot size, dimensions, setback requirements, lot coverage, and 5
design or architectural elements for certain single–family homes; prohibiting local 6
jurisdictions from prohibiting certain housing types in certain zones; prohibiting 7
local jurisdictions from prohibiting certain subdivisions of certain lot types; and 8
generally relating to local zoning laws. 9

BY repealing and reenacting, with amendments, 10
Article – Land Use 11
Section 1–101, 1–401, 4–102, 4–103, 10–103, and 10–202 12
Annotated Code of Maryland 13
(2012 Volume and 2025 Supplement) 14

BY adding to 15
Article – Land Use 16
Section 4–104(e) 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

1–101. 23

2 SENATE BILL 36

(a) In this division the following words have the meanings indicated. 1

(b) “Adaptive reuse” means a change granted by a legislative body under § 4–207 2
of this article to the use restrictions in a zoning classification, as those restrictions are 3
applied to a particular improved property. 4

(c) “Charter county” means a county that has adopte d charter home rule under 5
Article XI–A of the Maryland Constitution. 6

(d) “Code county” means a county that has adopted code home rule under Article 7
XI–F of the Maryland Constitution. 8

(e) “County” means a county of the State or Baltimore City. 9

(f) (1) “Development” means an activity that materially affects the existing 10
condition or use of any land or structure. 11

(2) “Development” does not include a normal agricultural activity. 12

(g) (1) “Legislative body” means the elected body of a local jurisdiction. 13

(2) “Legislative body” includes: 14

(i) the board of county commissioners; 15

(ii) the county council; and 16

(iii) the governing body of a municipal corporation. 17

(h) (1) “Local executive” means the chief executive of a local jurisdiction. 18

(2) “Local executive” includes: 19

(i) the board of county commissioners; 20

(ii) the county executive; 21

(iii) the executive head; and 22

(iv) the mayor. 23

(i) “Local jurisdiction” means a county or municipal corporation and the territory 24
within which its powers may be exercised. 25

(j) (1) “Local law” means an enactment of the legislative body of a local 26
jurisdiction, whether by ordinance, resolution, or otherwise. 27

SENATE BILL 36 3

(2) “Local law” does not include a public local law. 1

(k) “Person” means an ind ividual, receiver, trustee, guardian, personal 2
representative, fiduciary, representative of any kind, partnership, firm, association, 3
corporation, limited liability company, or other entity. 4

(l) (1) “Plan” means the policies, statements, goals, and interrelated plans for 5
private and public land use, transportation, and community facilities documented in texts 6
and maps that constitute the guide for an area’s future development. 7

(2) “Plan” includes a general plan, master plan, comprehensive plan, 8
functional plan, or community plan adopted in accordance with Subtitle 4 of this title and 9
Title 3 of this article. 10

(m) “Priority funding area” has the meaning stated in § 5 –7B–02 of the State 11
Finance and Procurement Article. 12

(n) (1) “Regulation” means a rule of general applicability and future effect. 13

(2) “Regulation” includes a map or plan. 14

(o) “Sensitive area” includes: 15

(1) a stream or wetland, and its buffers; 16

(2) a 100–year flood plain; 17

(3) a habitat of a threatened or endangered species; 18

(4) a steep slope; 19

(5) agricultural or forest land intended for resource protection or 20
conservation; and 21

(6) any other area in need of special protection, as determined in a plan. 22

(p) “Special exception” means a grant of a specific use that: 23

(1) would not be appropriate generally or without restriction; and 24

(2) shall be based on a finding that: 25

(i) the requirements of the zoning law governing the special 26
exception on the subject property are satisfied; and 27

(ii) the use on the subject property is consistent with the plan and is 28
compatible with the existing neighborhood. 29
4 SENATE BILL 36

(q) (1) Except as provided in paragraph (2) of this subsection, “state” means: 1

(i) a state, possession, territory, or commonwealth of the United 2
States; or 3

(ii) the District of Columbia. 4

(2) When capitalized, “State” means Maryland. 5

(r) (1) “Subdivision” means: 6

(i) the process and configuration of land by which one or more lots, 7
tracts, or parcels of land are divided, consolidated, or established a s one or more lots or 8
parcels, or other divisions of land, consistent with criteria established by the legislative 9
body of the local jurisdiction; or 10

(ii) the land so subdivided. 11

(2) “Subdivision” includes resubdivision. 12

(s) “TOWN HOUSE” MEANS A DWELLING UNI T CONSTRUCTED IN A R OW OF 13
THREE OR MORE ATTACHED DWELLING UNITS, WHERE EACH DWELLING UNIT: 14

(1) SHARES AT LEAST ONE COMMON WALL WITH AN ADJACENT 15
DWELLING UNIT; AND 16

(2) (I) IS LOCATED ON AN INDIVIDUAL LOT OR PARCEL; OR 17

(II) IS SUBJECT TO A CONDOMI NIUM REGIME ESTABLIS HED 18
UNDER TITLE 11 OF THE REAL PROPERTY ARTICLE. 19

(T) “Variance” means a modification only of density, bulk, dimensional, or area 20
requirements in the zoning law that is not contrary to the public interest, and where, owing 21
to conditions peculiar to the property and not because of any action taken by the applicant, 22
a literal enforcement of the zoning law would result in unnecessary hardship or practical 23
difficulty, as specified in the zoning law. 24

[(t)] (U) (1) “Zoning law” means the legislative implementation of 25
regulations for zoning by a local jurisdiction. 26

(2) “Zoning law” includes a zoning ordinance, zoning regulation, zoning 27
code, and any similar legislative action to implement zoning controls in a local jurisdiction. 28

1–401. 29

SENATE BILL 36 5

(a) Except as provided in this section, this division does not apply to charter 1
counties. 2

(b) The following provisions of this division apply to a charter county: 3

(1) this subtitle, including Parts II and III (Charter county – 4
Comprehensive plans); 5

(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 6
and “Sensitive area”); 7

(3) § 1–201 (Visions); 8

(4) § 1–206 (Required education); 9

(5) § 1–207 (Annual report – In general); 10

(6) § 1–208 (Annual report – Measures and indicators); 11

(7) Title 1, Subtitle 3 (Consistency); 12

(8) Title 1, Subtitle 5 (Growth Tiers); 13

(9) § 4–104(c) (Limitations – Bicycle parking); 14

(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 15

(11) § 4–104(E) (LIMITATIONS – SINGLE–FAMILY HOMES); 16

(12) § 4–208 (Exceptions – Maryland Accessibility Code); 17

[(12)] (13) § 4–210 (Permits and variances – Solar panels); 18

[(13)] (14) § 4 –211 (Change in zoning classification – Energy generating 19
systems); 20

[(14)] (15) § 4–212 (Agritourism); 21

[(15)] (16) § 4–213 (Alcohol production); 22

[(16)] (17) § 4–214 (Agricultural alcohol production); 23

[(17)] (18) § 4–215 (Pollinator–friendly vegetation management); 24

[(18)] (19) § 4–216 (Limitations – Family child care homes and large family 25
child care homes); 26
6 SENATE BILL 36

[(19)] (20) Title 4, Subtitle 5 (Accessory Dwelling Units); 1

[(20)] (21) § 5–102(d) (Subdivision regulations – Burial sites); 2

[(21)] (22) § 5–104 (Major subdivision – Review); 3

[(22)] (23) Title 7, Subtitle 1 (Development Mechanisms); 4

[(23)] (24) Title 7, Subtitle 2 (Transfer of Development Rights); 5

[(24)] (25) except in Montgomery County or Prince George’s County, Title 6
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 7

[(25)] (26) Title 7, Subtitle 4 (Inclusionary Zoning); 8

[(26)] (27) Title 7, Subtitle 5 (Housing Expansion and Affordability); 9

[(27)] (28) § 8–401 (Conversion of overhead facilities); 10

[(28)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single –County 11
Provisions – Baltimore County); 12

[(29)] (30) for Frederick County only, Title 9, Subtitle 10 (Single –County 13
Provisions – Frederick County); 14

[(30)] (31) for Howard County only, Title 9, Subtitle 13 (Single –County 15
Provisions – Howard County); 16

[(31)] (32) for Talbot County only, Title 9, Subtitle 18 (Single –County 17
Provisions – Talbot County); and 18

[(32)] (33) Title 11, Subtitle 2 (Civil Penalty). 19

(c) This section supersedes any inconsistent provision of Division II of this article. 20

4–102. 21

To promote the health, safety, and general welfare of the community, a legislative 22
body may, SUBJECT TO THE OTHER PROVISIONS OF THIS SUBTITLE, regulate: 23

(1) the height, number of stories, and size of buildings and other structures; 24

(2) the percentage of a lot that may be occupied; 25

(3) off–street parking; 26
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(4) the size of yards, courts, and other open spaces; 1

(5) population density; and 2

(6) the location and use of buildings, signs, structures, and land. 3

4–103. 4

(a) When zoning or rezoning land under this division, a legislative body may , 5
SUBJECT TO THE OTHER PROVISIONS OF THIS S UBTITLE, impose any additional 6
conditions or limitations that the legislative body considers appropriate to improve or 7
protect the general character and design of: 8

(1) the land and improvements being zoned or rezoned; or 9

(2) the surrounding or adjacent land and improvements. 10

(b) A municipal corporation may include in an annexation agreement conditions 11
and limitations on the use of land and density of development otherwise allowed in the 12
zoning district where the land is located. 13

(c) When zoning or rezoning land under this division, to ensure conformity with 14
the intent and purpose of this division and of the local jurisdiction’s zoning law, a legislative 15
body may retain the power to approve or disapprove , SUBJECT TO THE OTHER 16
PROVISIONS OF THIS SUBTITLE: 17

(1) the design of buildings, construction, landscaping, or other 18
improvements; and 19

(2) the changes made or to be made on the land being zoned or rezoned. 20

(d) The powers provided in this section shall apply only if the legislative body 21
adopts a local law that includes: 22

(1) enforcement procedures; and 23

(2) requirements for adequate notice of: 24

(i) public hearings; and 25

(ii) conditions or limitations sought to be imposed. 26

4–104. 27

8 SENATE BILL 36

(E) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 1
MEANINGS INDICATED. 2

(II) “AREA ZONED FOR SINGLE –FAMILY RESIDENTIAL U SE” 3
MEANS AN AREA IN WHI CH THE CONSTRUCTION AND PLACEMENT OF DETACHED 4
SINGLE–FAMILY HOMES IS ALLOWED BY RIGHT UNDER LOCAL LAW. 5

(III) “IMPROVED LOT ” MEANS A LOT OR PARCE L ON WHICH A 6
RESIDENTIAL STRUCTURE IS LOCATED. 7

(IV) “LEGISLATIVE BODY” INCLUDES: 8

1. THE MARYLAND–NATIONAL CAPITAL PARK AND 9
PLANNING COMMISSION; AND 10

2. ANY OTHER LOCAL BODY WITH AUTHORITY TO 11
CREATE OR MODIFY ZON ING REGULATIONS OR D ESIGN LIMITATIONS FO R 12
RESIDENTIAL USE. 13

(V) “SINGLE–FAMILY HOME” MEANS: 14

1. A STANDALONE RESIDEN TIAL STRUCTURE THAT IS 15
INTENDED FOR OCCUPANCY BY ONE HOUSEHOLD AND HAS A PRIVATE ENTRANCE, A 16
KITCHEN, AND BATHROOM FACILITIES; OR 17

2. A TOWN HOUSE. 18

(2) THE PROVISIONS OF THIS SUBSECTION DO NOT APPLY TO: 19

(I) AN AREA THAT WAS DES IGNATED AS PART OF A HISTORIC 20
DISTRICT IN ACCORDANCE WITH § 8–105 OF THIS ARTICLE ON OR BE FORE JULY 1, 21
2025; 22

(II) AGRICULTURAL LAND , AS DEFINED IN § 9–206 OF THE 23
TAX – PROPERTY ARTICLE; OR 24

(III) CONSERVATION PROPERT Y, AS DEFINED IN § 8–209.1 OF 25
THE TAX – PROPERTY ARTICLE. 26

(3) NOTWITHSTANDING ANY OTHER LAW, A LEGISLATIVE BODY M AY 27
NOT ADOPT OR ENFORCE ANY CODE , ORDINANCE, REGULATION, STANDARD, OR 28
OTHER REQUIREMENT THAT ESTABLISHES, DIRECTLY OR INDIRECTLY: 29

SENATE BILL 36 9

(I) IN AREAS CONNECTED O R PLANNED TO BE CONN ECTED TO 1
PUBLIC WATER AND S EWER SYSTEMS, A MINIMUM LOT SIZE GREATER THAN 5,000 2
SQUARE FEET FOR LOTS ON WHICH A SINGLE–FAMILY HOME MAY BE LOCATED; 3

(II) MINIMUM SQUARE FOOTA GE OR EXTERIOR DIMEN SION 4
REQUIREMENTS FOR A SINGLE–FAMILY HOME; 5

(III) LOT COVERAGE MAXIMUMS FOR A SINGLE –FAMILY HOME 6
AND ANY ACCESSORY STRUCTURES; 7

(IV) MINIMUM BUILDING SET BACKS FOR A SINGLE –FAMILY 8
HOME AND ANY ACCESSORY STRUCTURES GREATER THAN: 9

1. FOR FRONT AND REAR SETBACKS, 10 FEET; AND 10

2. FOR SIDE SETBACKS, 5 FEET; OR 11

(V) DESIGN, ARCHITECTURAL, OR AESTHETIC ELEMENTS FOR A 12
SINGLE–FAMILY HOME. 13

(4) NOTWITHSTANDING ANY OTHER LAW, A LEGISLATIVE BODY M AY 14
NOT ADOPT OR ENFORCE ANY CODE , ORDINANCE, REGULATION, STANDARD, OR 15
OTHER REQUIREMENT THAT PROHIBITS , DIRECTLY OR INDIRECT LY, THE 16
PLACEMENT OF TOWN HO USES IN AN AREA ZONED FOR SINGLE–FAMILY 17
RESIDENTIAL USE. 18

(5) (I) EXCEPT AS PROVIDE D IN SUBPARAGRAPH (II) OF THIS 19
PARAGRAPH AND NOTWITHSTANDING ANY O THER LAW, A LEGISLATIVE BODY M AY 20
NOT ADOPT OR ENFORCE ANY CODE , ORDINANCE, REGULATION, STANDARD, OR 21
OTHER REQUIREMENT TH AT PROHIBITS THE OWN ER OF AN IMPROVED LO T IN AN 22
AREA ZONED FOR SINGL E–FAMILY RESIDENTIAL USE FROM SUBDIVIDING THE LOT 23
INTO THREE OR FEWER SMALLER LOTS THAT CONFORM TO LOCAL LAW. 24

(II) THIS PARAGRAPH DOES N OT APPLY TO AN IMPROVED LOT 25
CREATED BY SUBDIVISION WITHIN THE PRECEDING 3 YEARS. 26

(6) THE PROVISIONS OF THIS SUBSECTION: 27

(I) DO NOT SUPERSEDE APP LICABLE BUILDING COD ES, FIRE 28
CODES, OR PUBLIC HEALTH AND SAFETY REGULATIONS T HAT ARE NECESSARY TO 29
ADDRESS IMMEDIATE THREATS TO PUBLIC SAFETY; AND 30

10 SENATE BILL 36

(II) APPLY TO A LEGISLATIVE BODY ONLY TO THE EXTENT THAT 1
THEY DO NOT CONFLICT WITH OTHER STATE OR FEDERAL LAWS OR REGULATIONS. 2

10–103. 3

(a) Except as provided in this section, this division does not apply to Baltimore 4
City. 5

(b) The following provisions of this division apply to Baltimore City: 6

(1) this title; 7

(2) § 1–101(m) (Definitions – “Priority funding area”); 8

(3) § 1–101(o) (Definitions – “Sensitive area”); 9

(4) § 1–201 (Visions); 10

(5) § 1–206 (Required education); 11

(6) § 1–207 (Annual report – In general); 12

(7) § 1–208 (Annual report – Measures and indicators); 13

(8) Title 1, Subtitle 3 (Consistency); 14

(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 15
Comprehensive Plans; Implementation); 16

(10) § 4–104(c) (Limitations – Bicycle parking); 17

(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 18

(12) § 4–104(E) (LIMITATIONS – SINGLE–FAMILY HOMES); 19

(13) § 4–205 (Administrative adjustments); 20

[(13)] (14) § 4–208 (Exceptions – Maryland Accessibility Code); 21

[(14)] (15) § 4–210 (Permits and variances – Solar panels); 22

[(15)] (16) § 4 –211 (Change in zoning classification – Energy generating 23
systems); 24

[(16)] (17) § 4–215 (Pollinator–friendly vegetation management); 25

SENATE BILL 36 11

[(17)] (18) § 4–216 (Limitations – Family child care homes and large family 1
child care homes); 2

[(18)] (19) Title 4, Subtitle 5 (Accessory Dwelling Units); 3

[(19)] (20) § 5–102(d) (Subdivision regulations – Burial sites); 4

[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 5

[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 6

[(22)] (23) Title 7, Subtitle 3 (Development Rights and Responsibilities 7
Agreements); 8

[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 9

[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 10

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

10–202. 12

To promote the health, safety, and general welfare of the community, the Mayor and 13
City Council of Baltimore City may , SUBJECT TO THE OTHER PROVISIONS OF THIS 14
DIVISION, regulate: 15

(1) the height, number of stories, and size of buildings and other structures; 16

(2) the percentage of a lot that may be occupied; 17

(3) off–street parking; 18

(4) the size of yards, courts, and other open spaces; 19

(5) population density; and 20

(6) the location and use of buildings, signs, structures, and land. 21

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23