This week’s legislative recap article covers legislation that passed during the 2026 449th Maryland General Assembly session, which convened on Jan. 14 and adjourned on April 13.
The summary covers “Land Use, Property Rights and the Environment” related legislation that passed as provided by the Maryland Realtors recap of all of the pertinent legislation affecting the real estate industry.
Land Use, Property Rights, and the Environment
SB 197/HB 243 Land Use - Comprehensive and General Plans Effective October 1, 2026
Modifies and reorganizes the elements that a local jurisdiction must include in a comprehensive or general plan so that the elements are consistent with state planning principles and apply consistently across all local jurisdictions. The required elements are (1) land; (2) transportation; (3) housing; (4) economy; (5) equity; (6) resilience; (7) place; and (8) ecology.
HB 247 Chesapeake and Atlantic Coastal Bays Critical Area Protection Program - Variance Effective October 1, 2026
Sets stricter rules for granting variances in critical area programs, including a presumption that existing accessory structures show reasonable use.
It prohibits variance applications for uses not allowed by zoning, changes to mitigation requirements, or relief available through other processes. Applicants must show substantial need, avoid protected habitat areas, and compare only to similar, legally approved structures in the same area.
HB 870 Permit Applications for New Buildings (Large Buildings for Tomorrow Act)– Effective October 1, 2026
Within 10 business days after a local government accepts a permit application for a new building that has a proposed gross floor area of 35,000 square feet or more and will be subject to Building Energy Performance Standards, the local government will provide notice of the permit application to MDE, along with the building location, energy source, and owner’s contact information. Amendments removed requirements for new buildings to be constructed to BEPS standards.
SB 872 Reduction of Lead Risk - Rental Dwelling Unit Definition Effective October 1, 2026
Expands the State’s Reduction of Lead Risk in Housing law to include certain single-room occupancies and shared living arrangements as “rental dwelling units.” Under the bill, the unit must either have or have access to permanent provisions for living, sleeping, eating, cooking, and sanitation.
SB 739/HB 1219 Climate Change and Homeowner’s Insurance – Study Effective October 1, 2026
Requires the University System of Maryland to conduct a study to evaluate the relationship between climate change, the availability and price of homeowner’s insurance, and emergency and disaster preparedness. USM must submit a report of its findings and recommendations to the General Assembly by July 1, 2027.
Lauren Bunting is a Broker with Keller Williams Realty of Delmarva in Ocean City, Maryland.
