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Council signals support for bill clarifying municipal regulatory authority, planning board to weigh in on amendments

Montgomery County Council · January 27, 2025
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Summary

The council expressed support for MCPG 116-25, a bill aimed at codifying municipal authority to regulate structures in predominantly single‑family zones consistent with an Attorney General opinion, and asked the planning board to review technical amendments before final council input.

Montgomery County Council members indicated support for MCPG 116-25, a technical bill the county’s municipalities have described as codifying an Attorney General opinion about municipal powers to regulate residential structures in areas zoned predominantly for single‑family use.

Kathleen summarized the bill’s intent: municipalities sought explicit statutory language confirming their authority over signs, fences, walls, hedges and setbacks for structures in single‑family zones and language clarifying application to buildings on land zoned primarily single‑family as of Jan. 1, 2024. Staff said the municipalities wanted language that would allow the same or less strict standards for multifamily buildings but not stricter standards than single‑family rules.

Ardie Harris, chair of the planning board, told the council the planning board had not yet taken a position because amendments were circulated shortly before the meeting. He said the board planned to consider the revisions at its upcoming meeting and would provide recommendations.

Council members described the proposed changes as technical, emphasized the need for parity between single‑family and other residential structures, and moved to support the bill while directing the planning board to weigh in on the technical amendments. The motion carried unanimously; staff will monitor amendment language and report back.

The council asked for continued updates from the planning board and staff as the delegation finalizes amendment language in Annapolis.