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Council backs bill to codify municipalities’ ability to regulate structures in predominantly single‑family zones
Summary
The council unanimously supported MCPG116‑25, a bill that clarifies that municipalities with predominantly single‑family residential land as of Jan. 1, 2024, retain authority to regulate buildings and structures (including multifamily) in those areas subject to specified parity rules; the planning board will review recent Friday amendments.
Montgomery County Council members on Oct. 12 voted unanimously to support MCPG116‑25, legislation intended to clarify municipal authority to regulate buildings and structures on land zoned predominantly for single‑family residential use.
Staff said the bill responds to an Attorney General opinion that interpreted existing law and the municipalities’ concerns about ambiguity. The bill would expressly state that municipalities may regulate signs, fences, walls, hedges, setbacks and similar features for any residential building or structure on land zone predominantly for single‑family residential use as of Jan. 1, 2024. The draft also provides that municipalities may be less strict, but not more strict, when applying similar standards to multifamily buildings.
Artie Harris, chair of the Montgomery County Planning Board, told the council the planning board has not yet taken a position because the sponsor and staff circulated amendments on Friday; the board planned to review the revised language at its next meeting and provide recommendations.
Council members urged codification of the AG opinion to eliminate confusion between municipalities and county planning staff and noted the bill’s intent is technical: to preserve municipalities’ existing ability to apply the same standards to comparable structures and to avoid unintentionally narrowing municipal authority.
Council Member Fridgen moved support; Council Member Fannie Gonzalez seconded. The vote was unanimous. Council members asked staff to continue coordinating with the planning board and the bill sponsor as amendments are finalized in Annapolis.
