MACo Resists Effort to Dictate Local Land Use Policy

MACo Policy and Legal Counsel, Les Knapp, provided written testimony in opposition to Senate Bill 532, “Temporary Family Health Care Structures – Permits” before the Senate Finance Committee on February 22, 2017.

SB 532 would require a local legislative body to acknowledge a temporary family health care structure as a permitted accessory use in areas with single-family detached dwellings if the structure is used by a family member for the care of a related mentally or physically impaired individual. The legislative body may not require a caregiver to obtain a special use permit for the structure or impose any zoning law on the structure (subject to certain exceptions). The bill also defines the size, design, and requirements the structure must meet and limits a local government to charging a $100 application fee and a $50 annual renewal fee. Finally, the bill exempts the services provided by the caregiver from being included as an “assisted living program” under the Health – General Article.

From MACo testimony:

The care of a physically or mentally impaired relative affects many families and counties will typically work with an individual who is in such unfortunate circumstances. However, the bill imposes a “one size fits all” solution and usurps local land use control rather than acknowledge that a variety of approaches exist.

Follow MACo’s advocacy efforts during the 2017 legislative session here.