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Staff flags state housing bills that could override local zoning; commission will review amendments before acting
Summary
County planning staff highlighted several Maryland bills — including HB239/SB36 (Starter Homes Act), HB778 and HB548/SB325 — that could significantly alter allowable densities and development timelines; the BOCC has submitted a letter in opposition and staff asked the commission to wait for sponsor amendments before taking separate action.
Jason Brinkley, Director of Planning & Zoning, briefed the commission on state bills being tracked for their potential impact on local zoning and planning.
Brinkley identified HB239 (cross-filed as SB36), the "Starter and Silver Homes Act of 2026," describing it as a governor‑backed proposal that would allow townhouses in residential areas and permit splitting an existing lot into up to three lots in subdivisions older than three years. He said these provisions would, if enacted as written, substantially increase allowable density and "usurp local control" of land-use decisions. Brinkley said the BOCC has already sent a letter of opposition on this bill. Brinkley also reviewed HB778 (which would redefine single-family dwellings to include townhomes in some formulations) and HB548/SB325 (the Maryland Housing Certainty Act), which would extend tolling periods for residential developments to five years and raise enforceability and impact-fee timing concerns.
Commissioners asked whether the Planning Commission should send its own letter to the legislature or rely on the BOCC's action. Brinkley recommended waiting to review the sponsor's 14 proposed amendments to SB36 (introduced at a hearing the prior day) because the amendments could change the bill's impacts; staff offered to help draft a letter if the commission wished to act after seeing amendments and fiscal notes. One commissioner said waiting a week or two to see how amendments evolve made sense.
During public comment, Susan Dezurek of Keep Calvert Country said her group organized an Action Network message and had sent "almost 500 signed letters from Calvert County" to committee chairs and the Southern Maryland delegation urging opposition to the Starter Homes bill. Bob Estes of Friends of Hunting Creek offered to provide a 7,200-line local rainfall dataset to staff for stormwater planning; Brinkley encouraged citizens to make their voices known to legislators.
Next steps: staff will monitor sponsor amendments and fiscal notes, update commissioners when changes are posted, and assist with drafting any commission letter if the commission decides to act.
