A Thursday hours-long public hearing on HB 239 (2/12/26), introduced by the State Department of Housing and Community Development, highlighted the complexities of State-issued zoning laws.

This was the first of numerous housing-related bills to be heard in the House of Delegates – in a committee that has not, until this year, heard that subject matter.

HB 239, a departmental bill, seeks to expand townhomes and multi-family housing into areas that are currently zoned for larger residential units. Secretary Jake Day, joined by other Administration leaders and housing advocates, discussed the process leading to this legislation, and the desire to “remove obstacles” to smaller housing units.

Importantly, the Secretary also described a lengthy series of amendments to the bill that the Department was submitting as “friendly,” in an effort to react to concerns raised by an apparently wide range of stakeholders. MACo had submitted written testimony offering multiple pages of amendments to make implementation of the bill more viable, if the committee were to adopt the bill’s central ideas.

During the hearing, committee members asked numerous questions about the bill’s provisions, but also about the considerable stir it has caused among constituents. One delegate held up a visibly thick folder of printed communication, saying “…my bill file on this looks like it has to be about a gun bill,” comparing the housing legislation to a traditional hot-button topic, rather than a governmental process reform proposal.

MACo Executive Director Michael Sanderson testified that MACo sought to engage on this bill and “the wave of housing bills” in a productive fashion, “to make whatever you decide to do be something we can implement locally… because that’s where zoning gets done, on the ground.” He went on to explain how the difficult nature of statewide zoning legislation typically ends up with a long series of changes and adjustments, due to its inherently local nature.

Prince George’s County Council President Krystal Oriadha offered her view that her county leads the state in affordable housing production gains, and noted the difficult fit for the broad-application legislation into that complex jurisdiction. Montgomery County Executive Marc Elrich spoke of that county’s extended efforts to support, and financially subsidize, affordable housing units – but noted that “smaller doesn’t necessarily mean affordable.” Both county leaders expressed support to see a direct affordability component (rather than just smaller sizes) as part of any related legislation.

A long series of opponents testified, raising concerns about the bill’s application in a variety of areas perhaps not best suited for high-density housing options.

Committee leaders expressed gratitude for the supporters and local stakeholders, and intimated that the Committee will be working through many bills in the weeks ahead. MACo and MML both stressed the “good faith” effort to remain constructive as that discussion continues.