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Committee advances zoning changes to authorize accessory dwelling units and adjusts parking waivers

Montgomery County Council Planning, Housing, and Parks Committee · July 28, 2026
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Summary

The committee approved ZTA 2606 to align Montgomery County zoning with state law, expanding ADU allowances across zones, updating the ADU size definition to 75% of the primary dwelling, and maintaining a one-space parking requirement with a hearing-examiner waiver and transit exemptions.

The Montgomery County Planning, Housing and Parks Committee voted 3–0 to advance ZTA 2606, a zoning text amendment that brings local ADU rules into compliance with state law and expands where accessory dwelling units may be located.

Miss Nadeau, planning staff, said the change implements the state requirement from House Bill 1466 that ‘‘local jurisdictions . . . adopt a local law that authorizes ADU development by 10/01/2026.’’ She explained the ZTA amends the use table to allow ADUs in all zones, revises the ADU definition to limit ADU size to no greater than 75% of the primary dwelling, and retains a one-off-street parking requirement with an existing transit exemption. "If the principal dwelling has no existing on-site parking," she said, "the ADU only needs to provide one more parking space," and the hearing examiner retains waiver authority for lots where on-site parking is infeasible.

The Office of Legislative Oversight provided a negative racial-equity impact statement, warning that ADU expansion may mainly benefit wealthier homeowners in larger-lot neighborhoods. Miss Nadeau relayed OLO’s policy suggestions—low-interest loans, permit-ready designs, and affordability covenants—but noted those incentives would be separate policy work, not amendments to the ZTA. Committee members discussed potential fee waivers and financing tools to support lower-income homeowners who build ADUs; members cited construction cost estimates ranging from roughly $150,000 historically to $250,000–$300,000 in more recent market conditions.

The committee accepted a technical clarifying amendment to remove redundant setback language and then voted to advance the ZTA. The chair thanked planning staff and council staff for their work and indicated that additional legislative work (a separate bill) could address owner-occupancy requirements that the committee cannot change through zoning text alone. The ZTA will move forward for further council consideration.