Planning commission flags local impacts of new accessory-dwelling-unit changes

Members of the Garrett County Planning Commission on June 4 discussed potential local effects of recently passed state rules loosening restrictions on accessory dwelling units, or ADUs, saying the change could increase housing density at Deep Creek Lake and require local zoning amendments.

The commission’s staff member briefed the body that the law would allow property owners to create secondary dwelling units in accessory buildings and in some cases permit smaller setbacks for those units than for primary houses. “Accessory dwelling units are what they’re called. So basically, it would allow anybody with the house to build a second accessory dwelling unit,” the staff member said during the meeting.

Commissioners said the lake area already faces crowding and stormwater issues related to short-term rentals and that easier ADU creation could amplify those problems. A commissioner noted the county’s existing setback practice allows accessory buildings such as garages or sheds within 5 feet of a side property line, while principal houses must sit 15 feet from the same line; the ADU changes could permit conversions of those accessory buildings into dwelling units.

The staff member pointed to the county’s typical density standards—often one unit per acre outside town centers—and warned the ADU changes “are very much contrary to all the density standards we had in the zoning ordinance.” Commissioners discussed the possibility of restricting two separate short-term rental units on a single lot under their local rules, a measure they said might still be allowable even after the state change.

The staff member also referenced the county’s 2003 transient/bed-and-breakfast/regulation adoption as past local action to address crowding from short-term rentals, and said officials have a brief window to review how the state law will apply locally before it takes effect July 1. “It seems like there’s gonna be a little more setback. It talks about a landscaping buffer and things here,” the staff member said about parts of the new statute, but added several provisions still required more review.

Commissioners asked staff to continue reviewing the statute and to determine whether amendments to the Garrett County zoning ordinance will be necessary to preserve local standards for setbacks, density and short-term rental limits. No formal motion or vote on ordinance changes was taken at the June 4 meeting.

The county’s staff described this as an item to watch and to return with recommendations if ordinance amendments are needed before the state law’s July 1 effective date.