Counties Flag Infrastructure Capacity Concerns With Mandated Density Expansion in Single-Family Zones

On March 13, Director of Intergovernmental Relations Dominic Butchko submitted written testimony to the Economic Matters Committee in opposition to HB 1538 – Land Use – Accessory Dwelling Units – Requirements and Prohibitions (Maryland Generational Housing Act of 2026). 

This bill requires local governments to allow both an internal and external accessory dwelling unit on single-family lots regardless of density limits. Additionally, it lowers construction barriers by restricting new parking requirements and allowing these units to share utility meters and lines with the main house. In doing so, HB 1538 would effectively triple the density allowed in any area zoned for single-family zoning.

Counties remain committed to working with the State to expand housing supply and have worked closely with lawmakers in recent years to advance policies supporting affordability and responsible growth.

However, this legislation would impose a broad, statewide density mandate without accounting for local planning considerations such as infrastructure capacity, environmental conditions, and community input. In turn, it would strain schools, transportation networks, and water and wastewater systems while undermining long-standing smart growth principles and local land use planning processes.

From MACo Testimony: 

A central focus for the Administration, local governments, and the public has been assessing how current systems function and where processes can be improved. HB 1538 falls dramatically short of a well-tailored response to Maryland’s current needs and would create significant on-the-ground challenges at the community level.

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