Bel Air commissioners weigh state ADU changes; staff to review local code

Bel Air Board of Town Commissioners members and staff on June 10 discussed recent Maryland legislation that changes how accessory dwelling units (ADUs) must be treated, and asked town staff and counsel to analyze the town code and recommend edits.

The discussion focused on several state-level provisions that will affect local permitting, including a requirement that ADUs be excluded from density calculations, a 3-foot minimum setback for ADU structures, and language meant to bar “unreasonable limitations” on a property owner’s ability to develop or offer an ADU for rent. Kevin, a town staff member who led the review, told commissioners that “so you couldn't use APF to stop an ADU,” referring to Adequate Public Facilities (APF) limits.

Why it matters: The changes could limit the town’s current ability to require family-only occupancy or impose broader local limits that the state law now describes as potentially “unreasonable.” Commissioners said the changes could affect homeowner expectations, homeowners association rules and neighborhood character; counsel and staff will examine the legal scope and propose code updates.

Key points discussed

- Definitions and density: Staff noted the state law excludes an ADU from density calculations and county-level growth controls. “So you couldn't use APF to stop an ADU,” Kevin told the board, meaning APF-based denials would not apply to ADUs under the state text as read by staff.

- Setbacks: The state language allows ADU setbacks to be as small as 3 feet from lot lines for accessory structures; Kevin said, “So you can be as close as 3 feet to your neighbor and still have an ADU in that structure.” Commissioners expressed concern about how close-in ADUs could change neighborhood parking and character.

- Rental and HOA limits: The new statute prohibits imposing an “unreasonable limitation” on a property owner’s ability to develop or offer an ADU for rent, and specifically carves out short-term rental limits (short-term rentals may still be restricted). Liz, a town staff member advising on the law, told the board the statute’s wording could be construed broadly and that town counsel will evaluate whether local limits (for example, requiring occupancy by family members or caretakers) would survive legal challenge.

- Enforcement and process: Commissioners discussed the likely administrative path if a permit is denied — applicants could resubmit or seek judicial review — and debated whether the town should proactively amend its code rather than wait for litigation. Commissioner Taylor said she was “not a fan of just leaving it there and wait for somebody to sue us to change the rules.”

Board directions and next steps

The board asked staff and legal counsel to review the statutory text and prepare recommended changes to the town development code and any administrative guidance needed to comply with state law while preserving local priorities where the law allows. Staff noted the state required local enactment language by Oct. 1, 2026, and commissioners asked counsel to place the item on the town’s work list for further study.

Ending

Commissioners agreed to monitor how other Maryland municipalities interpret the statute, to coordinate with counsel, and to return with draft language and a recommendation on whether to amend Bel Air’s code or adopt administrative procedures to reflect the state changes.