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County adopts accessory‑dwelling rules, sets 1,200‑square‑foot maximum after debate
Summary
The Board of County Commissioners reached consensus to allow accessory dwelling units (ADUs) countywide with a maximum size limit of 1,200 square feet (or proportional limit) and standards for basements and attics; the decision implements state law requiring ADU authorization by Oct. 1, 2026.
The Washington County Board of County Commissioners approved a zoning text amendment (RZ25‑005) to permit accessory dwelling units (ADUs) in single‑family areas and other locations with standards for size, location and types, adopting a maximum of 1,200 square feet for an ADU in most cases.
Planning staffer Travis Allen summarized the amendments and the state context, telling commissioners the county must authorize ADUs for single‑family detached parcels "by 10/01/2026" under recently enacted Maryland law. Allen said the proposed changes set standards regulating location, number, size and type and included updated definitions to align with building code.
Commissioners and staff discussed the appropriate maximum size for ADUs. Allen said the draft standard tied ADU size to the primary dwelling by allowing up to "75% of the gross floor area of the primary dwelling unit," and that the planning commission had recommended an upper cap of 1,500 square feet. Several commissioners and staff raised concerns about very large ADUs effectively becoming second principal residences, potential electrical and septic limitations, and enforceability for garage conversions.
Commissioner discussion emphasized the policy objective of preserving the subordinate nature of ADUs to encourage smaller, more affordable supplemental housing. One commissioner said smaller limits help avoid converting the accessory unit into a second full‑size home. After debate, a motion was made and seconded to set the ADU maximum at 1,200 square feet. The motion carried unanimously, 5‑0.
Staff noted certain spaces would be handled pragmatically: unfinished basements and attics could be finished and occupied without artificially dividing floors, and building and health code requirements (electrical service, septic capacity) remain separate checks that may limit eligibility for some properties.
The amendment as approved allows ADUs subject to the newly adopted size limit, the subordinate‑unit requirement, setback and parking standards in the zoning ordinance, and applicable building‑code and health‑department reviews. County staff said they will return final ordinance language for formal adoption and to ensure the county meets the state's October 2026 deadline.
The board's action establishes local rules enabling homeowners and developers to pursue ADUs where feasible while signaling that not all properties will qualify because of utilities, site constraints or code requirements.
