Staff warns proposed state housing bills could undercut local land-use controls

Jason Brinkley, director of Calvert County Planning and Zoning, briefed commissioners on state legislation that staff are tracking and highlighted bills he said could have major local effects on zoning and density. Brinkley named HB239 (cross-filed as SB36), the Starter and Silver Homes Act of 2026, as a primary concern and said it "basically allows townhouses in all residential areas" and could enable lot divisions into three parcels in subdivisions older than three years. He cautioned that such changes would be a "one-size-fits-all" approach that could substantially raise allowable density across the county.

Brinkley also summarized HB778 (which would redefine single-family to include townhomes in some contexts) and HB548/SB325 (the Maryland Housing Certainty Act), which he said would extend tolling on residential development to five years and could delay fee collection and zoning-change effects. He reported the BOCC has already sent a letter of opposition on the first set of bills and recommended the Planning Commission wait to see proposed amendments — staff said 14 amendments were introduced to SB36 the day before the briefing — before drafting any independent commission letter. "This is a bill that the BOCC has already sent a letter in opposition," Brinkley said, and he offered to circulate amendment language to commissioners as it becomes available.