Residential-in-Commercial-Zone Laws - Study (Bring Back Main Street Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0829*

SENATE BILL 829
L6, C9 (6lr2223)
ENROLLED BILL
— Education, Energy, and the Environment/Economic Matters —
Introduced by Senator Waldstreicher

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Land Use – Multifamily Developments and Mixed–Use Developments – 2
Authorization 3
Residential–in–Commercial–Zone Laws – Study 4
(Bring Back Main Street Act) 5

FOR the purpose of requiring certain counties to allow multifamily developments and 6
mixed–use developments as a permitted use on certain parcels or lots; prohibiting 7
certain counties from imposing certain restrictions, requirements, or limitations on 8
permitted developments; authorizin g certain counties to require a permitted 9
development to have a certain percentage of available floor space dedicated to retail 10
uses and to include on –site parking; prohibiting a restriction on use from imposing 11
or acting to impose certain limitations on t he development of a multifamily 12
development or mixed –use development; and generally relating to multifamily 13
developments and mixed –use developments requiring the Department of Housing 14
and Community Development to study and make recommendations regarding la ws 15
2 SENATE BILL 829

to require certain local jurisdictions to allow certain residential or mixed –use 1
developments as a permitted use on certain parcels or lots zoned for commercial use; 2
and generally relating to residential–in–commercial–zone laws. 3

BY repealing and reenacting, without amendments, 4
Article – Land Use 5
Section 1–101(a) and (b) and 7–501(a), (b), (c), (d), and (i) 6
Annotated Code of Maryland 7
(2012 Volume and 2025 Supplement) 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 4–104(e) 16
Annotated Code of Maryland 17
(2012 Volume and 2025 Supplement) 18

BY adding to 19
Article – Real Property 20
Section 2–127 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2025 Supplement) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Land Use 26

1–101. 27

(a) In this division the following words have the meanings indicated. 28

(b) “Adaptive reuse” means a change granted by a legislative body under § 4–207 29
of this article to the use restrictions in a zoning classification, as those restrictions are 30
applied to a particular improved property. 31

1–401. 32

(a) Except a s provided in this section, this division does not apply to charter 33
counties. 34

(b) The following provisions of this division apply to a charter county: 35
SENATE BILL 829 3

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

(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 3
and “Sensitive area”); 4

(3) § 1–201 (Visions); 5

(4) § 1–206 (Required education); 6

(5) § 1–207 (Annual report – In general); 7

(6) § 1–208 (Annual report – Measures and indicators); 8

(7) Title 1, Subtitle 3 (Consistency); 9

(8) Title 1, Subtitle 5 (Growth Tiers); 10

(9) § 4–104(c) (Limitations – Bicycle parking); 11

(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 12

(11) § 4–104(E) (MULTIFAMILY DEVELOPMENTS AND M IXED–USE 13
DEVELOPMENTS); 14

(12) § 4–208 (Exceptions – Maryland Accessibility Code); 15

[(12)] (13) § 4–210 (Permits and variances – Solar panels); 16

[(13)] (14) § 4 –211 (Change in zoning classification – Energy generating 17
systems); 18

[(14)] (15) § 4–212 (Agritourism); 19

[(15)] (16) § 4–213 (Alcohol production); 20

[(16)] (17) § 4–214 (Agricultural alcohol production); 21

[(17)] (18) § 4–215 (Pollinator–friendly vegetation management); 22

[(18)] (19) § 4–216 (Limitations – Family child care homes and large family 23
child care homes); 24

[(19)] (20) Title 4, Subtitle 5 (Accessory Dwelling Units); 25

4 SENATE BILL 829

[(20)] (21) § 5–102(d) (Subdivision regulations – Burial sites); 1

[(21)] (22) § 5–104 (Major subdivision – Review); 2

[(22)] (23) Title 7, Subtitle 1 (Development Mechanisms); 3

[(23)] (24) Title 7, Subtitle 2 (Transfer of Development Rights); 4

[(24)] (25) except in Montgomery County or Prince George’s County, Title 5
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 6

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

[(26)] (27) Title 7, Subtitle 5 (Housing Expansion and Affordability); 8

[(27)] (28) § 8–401 (Conversion of overhead facilities); 9

[(28)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single–County 10
Provisions – Baltimore County); 11

[(29)] (30) for Frederick County only, Title 9, Subtitle 10 (Single –County 12
Provisions – Frederick County); 13

[(30)] (31) for Howard County only, Title 9, Subtitle 13 (Single –County 14
Provisions – Howard County); 15

[(31)] (32) for Talbot County only, Title 9, Subtitle 18 (Single –County 16
Provisions – Talbot County); and 17

[(32)] (33) Title 11, Subtitle 2 (Civil Penalty). 18

(c) This section supersedes any inconsistent provision of Division II of this article. 19

4–104. 20

(E) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 21
MEANINGS INDICATED. 22

(II) “AFFORDABLE” HAS THE MEANING STAT ED IN § 7–501 OF 23
THIS ARTICLE. 24

(III) “AFFORDABLE DWELLING UNIT” HAS THE MEANING STATED 25
IN § 7–501 OF THIS ARTICLE. 26

SENATE BILL 829 5

(IV) “AREA MEDIAN INCOME ” HAS THE MEANING STAT ED IN § 1
7–501 OF THIS ARTICLE. 2

(V) “MIXED–USE DEVELOPMENT ” MEANS A DEVELOPMENT 3
CONSISTING OF RESIDE NTIAL AND NONRESIDEN TIAL USES IN WHICH T HE 4
NONRESIDENTIAL USES: 5

1. ARE LESS THAN 50% OF THE TOTAL SQUARE FOOTAGE 6
OF THE DEVELOPMENT; AND 7

2. ARE LIMITED TO THE F IRST FLOOR OF BUILDI NGS 8
THAT ARE TWO OR MORE STORIES. 9

(VI) “MULTIFAMILY DEVELOPME NT” MEANS A BUILDING 10
DESIGNED FOR FIVE OR MORE DWELLING UNITS IN WHICH: 11

1. THE DWELLING UNITS SHARE A COMMON SEPARATION 12
SUCH AS A CEILING OR WALL; AND 13

2. COMMON ACCESS BETWEE N THE DWELLING UNITS 14
CANNOT BE GAINED THR OUGH AN INTERNAL DOO RWAY, EXCEPT FOR A COMMON 15
HALLWAY. 16

(VII) “PERMITTED DEVELOPMENT ” MEANS A MULTIFAMILY 17
DEVELOPMENT OR MIXED –USE D EVELOPMENT ALLOWED A S A PERMITTED USE 18
UNDER PARAGRAPH (3) OF THIS SUBSECTION. 19

(VIII) “PERMITTED USE” MEANS THE ABILITY TO BE APPROVED 20
WITHOUT REQUIRING A PUBLIC HEARING, VARIANCE, CONDITIONAL USE PERM IT, 21
SPECIAL PERMIT , SPECIAL EXCEPTION , OR ANY OTHER DISCRETIONARY ZONING 22
ACTION REQUIRED UNDER THIS ARTICLE OTHER THAN A DETERMINATION THAT A 23
SITE PLAN CONFORMS WITH APPLICABLE ZONING REGULATIONS. 24

(2) THIS SUBSECTION APPLI ES ONLY TO A COUNTY WITH A 25
POPULATION OF MORE THAN 150,000. 26

(3) A COUNTY SHALL A LLOW MULTIFAMILY DEV ELOPMENTS OR 27
MIXED–USE DEVELOPMENTS AS A PERMITTED USE ON A PARCEL OR LOT THAT IS: 28

(I) CURRENTLY SERVICED B Y A WATER AND SEWER SYSTEM, 29
WHETHER PUBLIC OR PRIVATE; AND 30

6 SENATE BILL 829

(II) LOCATED ON A PARCEL ZONED FOR RECREATION AL OR 1
COMMERCIAL USE. 2

(4) ON A PERMITTED DEVELOPMENT, A COUNTY MAY NOT IMPOSE: 3

(I) DENSITY LIMITS THAT ARE LOWER THAN THE H IGHEST 4
ALLOWABLE DENSITY IN THE COUNTY’S RESIDENTIAL ZONES; 5

(II) SETBACK REQUIREMENTS THAT ARE GREATER THA N THE 6
LESSER OF: 7

1. STANDARD UTILITY EASEMENTS; 8

2. EXISTING COMMERCIAL SETBACK REQUIREMENTS 9
FROM SIDE AND REAR LOT LINES; OR 10

3. EXISTING SETBACK REQUIREMENTS FOR A PROPERTY 11
BEING CONVERTED TO RESIDENTIAL OR MIXED–USE THROUGH ADAPTIVE REUSE; 12

(III) RESTRICTIONS ON LOT SIZE OR COVERAGE; 13

(IV) MANDATORY WALLS, FENCES, OR SCREENING; 14

(V) MANDATORY USE OF IMP ERVIOUS PAVEMENT OUT DOORS 15
UNLESS IF NECESSARY FOR: 16

1. DISABILITY ACCOMMODATION; OR 17

2. PUBLIC HEALTH AND SAFETY; OR 18

(VI) MANDATORY NONPUBLIC OPEN SPACE OR COMMON AREAS. 19

(5) A COUNTY MAY NOT REQUI RE A PERMITTED DEVEL OPMENT TO 20
INCLUDE A PERCENTAGE OF AFFORDABLE DWELLI NG UNITS GREATER THA N THE 21
PERCENTAGE OTHERWISE REQUIRED IN RESIDENTIAL ZONES IN THAT COUNTY. 22

(6) A COUNTY MAY REQUIRE: 23

(I) UP TO 20% OF THE AVAILABLE FLO OR SPACE OF A 24
PERMITTED DEVELOPMENT TO BE DEDICATED TO RETAIL USES; AND 25

(II) A PERMITTED DEVELOPM ENT TO INCLUDE ON –SITE 26
PARKING. 27
SENATE BILL 829 7

(7) A COUNTY MAY REGULATE THE SITING AND DESIG N OF A 1
PERMITTED DEVELOPMENT. 2

(8) A COUNTY MAY NOT IMPOSE A MINIMUM OFF –STREET PARKING 3
REQUIREMENT ON A PER MITTED DEVELOPMENT , EXCEPT AS NECESSARY TO 4
COMPLY WITH FEDERAL LAW. 5

7–501. 6

(a) In this subtitle the following words have the meanings indicated. 7

(b) “Affordable” means that housing costs do not exceed 30% of a household’s 8
income. 9

(c) “Affordable dwelling unit” means a dwelling unit that is affordable to 10
households earning 60% or less of the area median income. 11

(d) “Area median income” means the median household income for the area 12
adjusted for household size as published and annually updated by the U.S. Department of 13
Housing and Urban Development. 14

(i) (1) “Mixed–use” means any combination of a residential use with a 15
recreational, office, dining, or retail use. 16

(2) “Mixed–use” does not mea n any combination of a residential use with 17
an industrial or hazardous use. 18

10–103. 19

(a) Except as provided in this section, this division does not apply to Baltimore 20
City. 21

(b) The following provisions of this division apply to Baltimore City: 22

(1) this title; 23

(2) § 1–101(m) (Definitions – “Priority funding area”); 24

(3) § 1–101(o) (Definitions – “Sensitive area”); 25

(4) § 1–201 (Visions); 26

(5) § 1–206 (Required education); 27

(6) § 1–207 (Annual report – In general); 28
8 SENATE BILL 829

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

(8) Title 1, Subtitle 3 (Consistency); 2

(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties 3
– Comprehensive Plans; Implementation); 4

(10) § 4–104(c) (Limitations – Bicycle parking); 5

(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 6

(12) § 4–104(E) (MULTIFAMILY DEVELOPME NTS AND MIXED –USE 7
DEVELOPMENTS); 8

(13) § 4–205 (Administrative adjustments); 9

[(13)] (14) § 4–208 (Exceptions – Maryland Accessibility Code); 10

[(14)] (15) § 4–210 (Permits and variances – Solar panels); 11

[(15)] (16) § 4 –211 (Change in zoning classification – Energy generating 12
systems); 13

[(16)] (17) § 4–215 (Pollinator–friendly vegetation management); 14

[(17)] (18) § 4–216 (Limitations – Family child care homes and large family 15
child care homes); 16

[(18)] (19) Title 4, Subtitle 5 (Accessory Dwelling Units); 17

[(19)] (20) § 5–102(d) (Subdivision regulations – Burial sites); 18

[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 19

[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 20

[(22)] (23) Title 7, Subtitle 3 (Development Rights and Responsibilities 21
Agreements); 22

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

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

[(25)] (26) Title 11, Subtitle 2 (Civil Penalty). 25
SENATE BILL 829 9

Article – Real Property 1

2–127. 2

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4

(2) “MIXED–USE DEVELOPMENT ” HAS THE MEANING STAT ED IN § 5
4–104(E) OF THE LAND USE ARTICLE. 6

(3) “MULTIFAMILY DEVELOPMENT” HAS THE MEANING STAT ED IN § 7
4–104(E) OF THE LAND USE ARTICLE. 8

(4) “RESTRICTION ON USE ” INCLUDES ANY COVENAN T, 9
RESTRICTION, OR CONDITION CONTAINED IN: 10

(I) A DEED; 11

(II) A DECLARATION; 12

(III) A CONTRACT; 13

(IV) THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION; 14

(V) A SECURITY INSTRUMENT; OR 15

(VI) ANY OTHER INSTRUMENT AFFECTING: 16

1. THE TRANSFER OR SALE OF REAL PROPERTY; OR 17

2. ANY OTHER INTEREST IN REAL PROPERTY. 18

(B) (1) IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE 19
PROPERTY AND ABIDES BY ALL APPLICABLE LA WS AND REGULATIONS , A 20
RESTRICTION ON USE R EGARDING LAND USE MA Y NOT IMPOSE OR ACT TO IMPOSE 21
AN UNREASONABLE LIMI TATION ON THE ABILIT Y OF THE PROPERTY OW NER TO 22
BUILD A RESIDENTIAL DEVELOPMENT OR MIXED–USE DEVELOPMENT. 23

(2) FOR THE PURPOSE OF PA RAGRAPH (1) OF THIS SUBSECTION, AN 24
UNREASONABLE LIMITATION INCLUDES A LIMITATION THAT: 25

10 SENATE BILL 829

(I) SIGNIFICANTLY INCREAS ES THE COST OF DEVEL OPING A 1
MULTIFAMILY DEVELOPMENT OR MIXED–USE DEVELOPMENT; OR 2

(II) PROHIBITS, EITHER EXPLICITLY OR BY EFFECT OF THE 3
RESTRICTIONS, A MULTIFAMILY DEVELOPMENT OR MIXED–USE DEVELOPMENT. 4

(C) THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC 5
PROPERTY THAT IS LIS TED IN OR DETERM INED BY THE DIRECTOR OF THE 6
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND 7
REGISTER OF HISTORIC PROPERTIES. 8

(a) (1) In this section the following words have the meanings indicated. 9

(2) “Department” means the Department of Housi ng and Community 10
Development. 11

(3) “Residential–in–commercial–zone (RICZ) law” means statewide 12
legislation that requires local jurisdictions to allow multifamily residential or mixed –use 13
developments as a permitted use in at least some commercially zoned areas. 14

(b) The Department shall conduct a study of RICZ laws, which shall include: 15

(1) a summary and comparison of RICZ laws enacted by other states; 16

(2) an assessment of the impact of RICZ laws on: 17

(i) urban communities where there is already a mix of commercial 18
and residential uses; 19

(ii) local infrastructure; 20

(iii) local economic development goals; and 21

(iv) housing production; and 22

(3) recommendations regarding appropriate requirements and restrictions 23
applicable to multifamily residential and mixed –use development under RICZ laws, 24
including recommendations regarding: 25

(i) off–street parking requirements; 26

(ii) allowed density; 27

(iii) first–floor nonresidential use requirements; 28

(iv) building height restrictions; 29
SENATE BILL 829 11

(v) the types of commercial areas appropriate for multifamily 1
residential and mixed–use developments; and 2

(vi) special considerations for urban, suburban, and rural areas. 3

(c) On or before December 1, 2026, the Department shall report its findings and 4
recommendations to the Governor and, in accordance with § 2–1257 of the State 5
Government Article, the General Assembly. 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October June 1, 2026. It shall remain effective for a period of 1 year and, at the end of May 8
31, 2027, this Act, with no further action required by the General Assembly, shall be 9
abrogated and of no further force and effect. 10

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.