Reduced Flexibility Limits Counties’ Affordable Housing Efforts

On January 27, Director of Intergovernmental Relations Dominic Butchko testified before the Education, Energy, and the Environment Committee in opposition to SB 178 – Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Standards and Procedures. 

This bill tightens growth allocation standards and extends review timelines under the Critical Area program, reducing flexibility and further straining counties’ ability to support and deliver affordable housing.

The presiding officers of the General Assembly and the Governor have made affordability a central theme of the 2026 legislative session, with a major focus on enabling more development and increasing housing supply. By limiting local flexibility, SB 178 would make it harder for counties to approve projects—undercutting efforts to expand housing options and improve affordability in Maryland.

From MACo Testimony: 

Maryland is facing a historic housing shortage. In 2024 and 2025, the General Assembly enacted a substantial slate of housing legislation, and in 2026 both the Governor and presiding officers have signaled affordability as a top priority. SB 178 runs counter to this multi-year policy direction and, if enacted, would impose constraints on counties’ ability to accommodate growth.

SB 178’s cross-file, HB 258, was heard in the Environment and Transportation Committee on February 11. Dominic Butchko testified in opposition to this bill.

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