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Delegation narrows municipal authority to buildings of four units or fewer and advances bill out of committee
Summary
The Metro Washington subcommittee approved an amendment clarifying that municipal authority to regulate structural alterations applies only to buildings of one to four residential units; the bill passed out of committee with one recorded abstention by Delia Wilkins.
Chair Harris called and the Metro Washington area subcommittee approved an amendment to MCPG11625 clarifying that municipal regulatory authority over structural alterations applies only to buildings of four units or fewer, and then voted the bill out of committee with one recorded abstention.
Delegate Solomon, the bill sponsor, said the change was driven by ambiguity in a 2021 attorney general opinion and by local code differences. "What we're talking about here is obviously single-family homes, duplexes, triplexes, and quadplexes," Solomon said, adding that the amendment explicitly lists duplexes, triplexes, quadplexes, cottage clusters and townhouses and accessory structures such as sheds so municipalities cannot claim authority over larger apartment buildings.
The sponsor told the committee that county and municipal planning staff had collaborated on the language. Solomon said the county council took a unanimous position in support and that the planning board had also unanimously supported the update. Delegate Plakovich Carr asked whether the authority would apply in any zoning district; Solomon answered that the amendment applies regardless of zoning type, and Plakovich Carr signaled support.
A member moved the amendments and another member seconded, with an understanding a technical drafting correction would follow. Chair Harris called for the vote on the amendments and members indicated approval; Harris reported the amendments appeared to pass unanimously. When the committee then voted on the bill as amended, the chair recorded one abstention by Delia Wilkins and announced the bill had passed out of committee.
The committee briefly revisited the recorded vote near adjournment after Wilkins asked to change her vote; the chair noted delegation rules on abstentions and said she would record the correction consistent with the delegation's procedures.
The bill now moves forward with the clarified language limiting municipal authority to structures of four residential units or fewer. Sponsors said a small technical amendment will be filed to fix a drafting error before further consideration.
