New Maryland ADU Mandate: Expanding Housing Options in Somerset County
According to The Maryland Wire, Maryland counties and municipalities with zoning authority must permit Accessory Dwelling Units (ADUs) on single-family properties by an October 1, 2026 compliance deadline.
The mandate, signed into law by Governor Wes Moore on April 22, 2025, applies uniformly to Somerset County and supersedes local zoning discretion that previously restricted secondary residential structures.
Statutory Framework
The legislation was enacted as cross-filed measures Senate Bill 891 and House Bill 1466, sponsored by Senator Mary Washington, Senator Cheryl Kagan, and Delegate Vaughn Stewart. The act establishes a statewide permitting floor for ADUs—defined as in-law suites over garages, converted basement apartments, or standalone backyard cottages on lots already containing a single-family dwelling. Maryland Department of Housing and Community Development (DHCD) Secretary Jake Day, a member of the state's Accessory Dwelling Unit Policy Task Force, has tied the policy to addressing the state's estimated 96,000-unit housing shortage.
Compliance Thresholds Somerset Property Owners Must Verify
Under the new statute, basic life-safety standards—adequate air circulation, fire separation, electrical, and plumbing systems—must be verified through regular inspections and code enforcement. Local jurisdictions retain authority over setback requirements, parking minimums, owner-occupancy conditions, and design standards, but may not use zoning to prohibit ADUs outright on lots zoned for single-family residential use. Property owners considering a unit should confirm local amendments to the Somerset County zoning ordinance and the permitting schedule issued by the Department of Technical and Community Services before the October 2026 effective date. Common compliance errors include incomplete documentation of existing wastewater capacity and failure to schedule required inspections during construction.
Eastern Shore Funding Track
A neighboring county illustrates the implementation pipeline. Per county records, the Queen Anne's County Department of Housing and Family Services requested Commissioners sign a letter of support and resolution for a $150,000 grant application to the Maryland Affordable Housing Trust. The funding would underwrite local housing services and signals how Maryland's Eastern Shore jurisdictions are operationalizing the statewide framework. Somerset County residents should track whether comparable funding requests, zoning text amendments, or pre-permit consultations appear on County Commissioner agendas in advance of the statutory deadline.