HB 1466 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 1466	MD	2025	D	Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, By-right zoning, Limit local requirements on ADU occupants

Provided by Furman

Summary

Redefine Accessory Dwelling Unit to specify that it must be on the same lot as a single-family detached dwelling unit, and require the ADU to be less than 75% the size of that primary unit and a subordinate use. ADUs are defined as structures that are either separate or attached to the primary single family dwelling unit, and are required to meet minimum standards for having “complete” living facilities for at least one individual.
Clarifies that this law does not alter any local land use power. Requires local jurisdictions to establish policies in accordance with this policy.
Requires each locality to adopt a local law authorizing the development of ADUs before October 1, 2026. Requires localities to exclude ADUs from density calculation or other methods of limiting growth. Localities are prohibited from establishing setback requirements that exceed the existing requirements for an accessory structure. Permits localities to establish additional off-street parking requirements for ADUs, but requires that a waiver be provided for parking requirements. Localities must conduct a parking study prior to adopting a parking requirement for ADUs.
Bars locality from adopting a land use regulation that imposes an “unreasonable limitation” on the ability of property owners to develop or rent out an ADU, with an exception for restrictions on short-term rentals and historic properties.
Give homeowners associations the authority to treat an ADU as a separate property for voting and assessment purposes, notwithstanding certain restrictions.

Provided by lawmakers