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Wicomico County council adopts state-mandated zoning changes for manufactured and modular homes
Summary
Unanimous vote brings county zoning into compliance with Maryland law; planning staff added permit language advising applicants to check homeowners association covenants, and legal counsel said state law does not expressly override HOAs.
Wicomico County Council on March 3 unanimously approved Legislative Bill 2026-01, a package of zoning amendments to bring local regulations into compliance with recently passed Maryland legislation affecting manufactured and modular housing.
The changes amend multiple sections of Chapter 225 — including definitions, accessory uses and density provisions — to align the county’s code with state requirements for manufactured and modular dwellings. Tracy Taylor of the county planning department told the council the updates will change reporting and how the county classifies these dwellings in building permits and annual reports.
"Issuance of this building permit does not necessarily mean that it complies with homeowners restrictions and covenants," Taylor said, noting the county had added permit language to put applicants on notice that the state bill is silent about HOAs. Andrew Illuminati, county legal counsel, told the council, "There's nothing in state law which states that this overrides the HOA," adding that some HOAs could still assert covenant restrictions and that courts may need to resolve disputes.
Council members asked whether municipalities are exempt; staff said they are not and that planning will meet quarterly with municipal planners to help them update ordinances. Councilman James Wyn and others emphasized the county is implementing a preemptive, state-mandated change rather than originating the policy locally.
The council approved the bill by voice vote and then by roll call with all members recorded in favor. The measure takes effect as the county updates its zoning code and building-permit language; planning staff said it will also alter internal reporting to list affected units as single-family dwellings in forthcoming annual reports.
What happens next: Planning staff will finalize permit language and continue outreach to municipalities. The council and staff urged homeowners and HOAs to review their covenants and governance documents if conflicts arise.
Vote: Legislative Bill 2026-01 — Approved unanimously (roll call recorded in meeting minutes).
