MD SB829

Counties with populations over 150,000 must allow multifamily developments (5+ units) and mixed-use developments as permitted uses on parcels zoned for recreational or commercial use that have water and sewer service, without requiring public hearings, variances, or special permits

Counties cannot impose density limits lower than their highest residential zone density, cannot restrict lot size or coverage, and cannot mandate walls, fences, screening, impervious pavement (except for disability/safety), or nonpublic open space on these developments

Counties may require up to 20% of floor space be dedicated to retail uses and may require on-site parking, but cannot impose minimum off-street parking requirements except as required by federal law

Private restrictions on use (in deeds, HOA bylaws, contracts, or other instruments) cannot impose unreasonable limitations on multifamily or mixed-use developments, including restrictions that significantly increase development costs or effectively prohibit such developments

Historic properties listed in or eligible for the Maryland Register of Historic Properties are exempt from these private restriction limitations; the Act takes effect October 1, 2026