MD HB247

Establishes a rebuttable presumption that an existing accessory structure or use on a parcel demonstrates "reasonable and significant use," making it harder to obtain variances for new accessory structures (does not apply to accessory dwelling units)

Prohibits local jurisdictions from accepting variance applications that would authorize uses not allowed by Critical Area land classification, adjust required mitigation amounts, or provide relief available through existing administrative processes

Adds new requirements for variance approval: applicants must demonstrate a substantial need not based on convenience, personal preference, or financial advantage, and must show development cannot be located outside a habitat protection area

Limits comparison properties for variance claims to only those in the Critical Area that were developed after adoption of the local Critical Area program, were legally conforming at development, and are similarly situated

Requires local boards of appeals to hear Critical Area variance appeals on the record and grant deference to administrative officers' findings of fact; effective October 1, 2026