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Record of Proceedings

Montgomery County Planning, Housing and Parks Committee Work Session - July 27, 2026

County Council & Committees — Monday, July 27, 2026
BodyMontgomery County, Maryland
SessionCounty Council & Committees
DateMonday, July 27, 2026
StatusFILED
Video Record
0:00 / 56:36

Original source
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12:39

Good afternoon.

12:40

It is just past one thirty on July twenty-seventh.

12:44

We're here for a planning housing and parks committee work session.

12:47

We have a few items on our agenda, starting with a couple zoning tax amendments recommended by the planning board related to compliance with state law to get our zoning code in conformance with the state issues, starting with accessory dwelling units.

13:09

So why don't we turn it over to Miss Nadu?

13:12

You can walk us through the issues and we can take it up.

13:14

Absolutely.

13:27

Speakers were all in support.

13:29

Although multiple speakers did ask for amendments to remove owner occupancy requirements, um, as well as the two adult occup to adult occupancy requirement, which I will address later.

13:41

So turning to page two, the background of this is in April twenty twenty-five, the General Assembly passed House Bill fourteen sixty-six, and it explicitly required uh the county to adopt what all local jurisdictions, not just us, um, to adopt a local law that authorizes ADU development by October first, twenty twenty-six.

14:03

So the county actually, as you know, already has ADUs allowed in the zoning ordinance, um, but several of the provisions were stricter than the state would like.

14:12

And so planning um took on drafting and transmitting this CTA for request by the council, or for intro by the council.

14:20

Um, so going through the various provisions in the DTA.

14:24

Uh, first, the use table.

14:27

Uh, previously, both attached and detached ADUs.

14:31

Um, and to back up slightly, this whole ZTA will cover both types.

14:35

I know we often think of the detached like converted garage, but basement apartments are also considered ADUs.

14:41

So this covers both.

14:42

Um, so the use table was amended to allow ADUs in all zones.

14:47

Uh, currently, ADUs were only allowed in the agricultural rural residential and residential detached zones.

14:55

Um, the reason for this change was the definition under state law as well as guidance documents that were provided by the state.

15:02

And so planning reviewed all of those and interpreted that this should be changed in our zoning ordinance to bring us into compliance.

15:10

Second, also about the definition.

15:36

And so what they said was local jurisdictions need to do a parking study if you're going to have parking restrictions on ADUs.

15:44

And also that if parking is going to be required, there must be a waiver provision.

15:49

So planning had two choices here.

15:52

We could have removed all of the parking provisions, or they could do a parking study and see where we can tweak what was already, I'll say hard fought.

16:02

And so the current zoning ordinance requires one off street parking space, which is not required if you're a mile from Purple Line or MARC, and it also allows a request for a waiver from the hearing examiner.

16:15

So park uh planning completed the study and had a few recommendations.

16:19

First was to actually retain that one space per ADU as well as the exemption near transit.

16:26

But there was a requirement that you have, if you did not have a driveway, you had to do additional parking spaces.

16:32

So planning recommended removing that, and then also retaining the waiver that you get through the hearing examiner.

16:39

So if you look at this ETA section about parking, first the language about if a new driveway must be constructed, then two spaces must be provided is changed so that if the principal dwelling has no existing on-site parking, such as a driveway, then the ADU only needs to provide one more parking space.

16:57

So it's more consistent across all ADUs.

17:00

And then also letting the hearing examiner do a waiver if the size or shape of the existing lot effectively precludes the ability to provide additional on-site parking.

17:12

And that change is consistent with language in the state law about a parking waiver for small or irregular lots.

17:23

We like to go through proofread update where we can.

17:27

So there's things like making things that were lowercase, be uppercase, some language that was cut off.

17:32

So that's number four on page three.

17:49

And so what the ZTA does is apply that across the board in all zones.

17:54

But we thought of a scenario where there's an ADU on a lot, and then you subdivide the lot.

18:00

Now the ADU is on its own lot, so in that instance, you would then count that density.

18:06

As for the use standards, this is a lot of stuff about the setbacks, which is probably the part where we were the least in compliance with the recent state law.

18:15

So there were standards in the zoning ordinance about size specifications.

18:20

Because the state definition made it clear that you could go up to 75% of the size of the primary dwelling.

18:28

Just most of those setback and other size requirements are just taken out and replaced with that language.

18:42

And so what the ZTA does is rely on those accessory setback provisions.

18:47

I did receive a question or two about this, like then what would the setbacks be?

18:51

It would be whatever the accessory structure allowances are in the underlying zone.

18:55

So that varies across zone, but whatever zone you're in, whatever those accessory structure standards are, that's what the detached ADU standards would be.

19:04

And that is it for the overview of the ZTA.

19:09

We did receive impact statements.

19:12

OLO provided a negative impact statement, noting that while this advances housing policies that ADUs mostly benefit wealthier white homeowners because they're in affluent neighborhoods with larger lots to accommodate the size, and also because of high construction costs.

19:30

So their policy recommendations were incentives to help property owners with low incomes receive low interest loans to finance the construction, providing trainings and permit ready designs to help with some of the upfront logistical costs, and then incentives for property owners to do affordability covenants for ADUs.

19:49

None of that, of course, would be amendments to this CTA, but policy things for the council to consider in the future.

20:01

Um, and did also note minor positive and minor negative impacts for the climate assessment.

20:07

Um increasing ADU development could increase impervious surfaces, but it also supports and fill.

20:14

So that is the overview of the ZTA, and I'll pause there before an amendment in case of questions.

20:21

Any questions?

20:24

Okay.

Discussion Breakdown — Share of Meeting
Affordable Housing█████████████████████████████████33%
Engineering And Infrastructure██████████████████18%
Technology and Innovation████████████████16%
Procedural████████████12%
Community Engagement█████████9%
Racial Equity████4%
Fiscal Sustainability████4%
Environmental Protection██2%
Public Safety██2%
Summary of Proceedings

Montgomery County Planning, Housing and Parks Committee Work Session - July 27, 2026

On July 27, 2026, from 1:32 p.m. to 4:30 p.m., the Montgomery County Council's Planning, Housing and Parks (PHP) Committee met in the Council Hearing Room. Chair Andrew Friedson presided with Councilmembers Natali Fani-González and Will Jawando; Councilmember Marilyn Balcombe was also present. The committee considered two state-law compliance zoning text amendments, ZTA 26-06 on accessory dwelling units and ZTA 26-07 on solar collection systems, and deferred action on Bill 9-26 concerning rental housing air-conditioning requirements.

Public Comments & Testimony

  • For ZTA 26-06, staff summarized that public hearing speakers were all in support of the accessory dwelling unit amendments, although multiple speakers asked to remove the owner-occupancy and two-adult occupancy requirements.
  • For ZTA 26-07, a resident supported relaxing solar standards, stating it could help encourage young farmers. Written testimony also debated whether rooftop solar should be preferred over ground-mounted solar, citing agrivoltaics and the potential to generate more electricity.
  • For Bill 9-26, staff summarized that DHCA Director Bruton strongly supported the bill and the Housing Justice Coalition supported it. The Apartment and Office Building Association of Metropolitan Washington (AOBA) opposed the bill, arguing that centrally controlled heating and cooling systems cannot quickly switch between modes, the May 15 start date lacked flexibility, and weather patterns did not support the earlier date.

ZTA 26-06 - Accessory Residential Uses - Accessory Dwelling Unit

  • Staff explained that House Bill 1466, passed by the General Assembly in April 2025, requires local jurisdictions to adopt laws authorizing accessory dwelling unit development by October 1, 2026.
  • The ZTA expands ADUs from the currently allowed agricultural, rural residential, and residential detached zones to all zones; updates definitions; retains the one off-street parking space requirement with a transit exemption near the Purple Line or MARC; adds a hearing examiner waiver for small or irregular lots; and replaces many size and setback standards with the state-law standard allowing ADUs up to 75 percent of the primary dwelling's size, relying on underlying accessory structure setbacks.
  • Staff summarized OLO's racial equity impact statement as negative, noting that ADUs mostly benefit wealthier white homeowners in affluent neighborhoods with larger lots, and that high construction costs are a barrier. OLO recommended low-interest loans, training, permit-ready designs, and incentives for affordability covenants.
  • The committee supported, without objection, a clarifying amendment removing redundant setback-related language, including the phrase unless modified by the use standards for an Accessory Dwelling Unit and language about minimum side and rear setbacks for detached ADUs.
  • Council staff noted that the owner-occupancy requirement is not in the zoning ordinance and would require a separate bill; Planning indicated support for examining that issue, and a bill was possible before December. AARP's national checklist reportedly gave the county green checks except on the owner-occupancy requirement.
  • Committee members discussed ADU fee waivers, especially for property owners who enter affordability agreements, and noted construction costs have risen from an earlier estimate of $150,000 to $200,000 to a current realistic baseline of about $250,000 to $300,000. The committee voted 3-0 to recommend approval of ZTA 26-06 as amended.

ZTA 26-07 - Solar Collection System - Use Standards

  • Staff explained that House Bill 1036, passed in April 2025, preempts local jurisdictions from enforcing land-use regulations on solar collection systems under 1 megawatt, down from the previous 2 megawatt threshold. The ZTA brings the county zoning code into consistency with state law.
  • The ZTA creates separate definitions for ground-mounted and rooftop-mounted solar systems, reorganizes limited use standards, and establishes that rooftop-mounted systems in the AR zone may be a limited use if they comply with state law.
  • Outside the AR zone, the existing limited use standard for systems producing 120 percent or less of on-site energy use is retained for ground-mounted systems. Systems producing more than 120 percent require a site plan, a minimum site size of three acres, setbacks, landscaping, screening, and equipment removal provisions. Rooftop-mounted systems outside the AR zone need only written utility authorization and compliance with state-law energy generation limits.
  • Existing provisions were retained in the conditional use standards because the county could regain authority if solar development reaches five percent of priority preservation areas.
  • OLO's racial equity impact statement was summarized as a small negative, noting the ZTA would primarily benefit high-income property owners who can afford solar panels; OLO recommended grants or low-interest loans for lower-income property owners. The climate assessment found moderate positive impacts.
  • The committee adopted Planning Board amendments 1 through 4 without objection: clarifying that the referenced state code provisions are in the Public Utilities Article; clarifying that the preemption applies to local zoning regulation, not to solar projects themselves; clarifying that onsite energy usage is measured as the annual baseline of onsite energy use; and reorganizing the AR zone limited use standards into separate ground-mounted and rooftop-mounted subsections.
  • The committee declined Planning Board amendment 5, which would have added the prefix 59- before internal references to the Zoning Ordinance. Council staff noted that internal references throughout the Zoning Ordinance are not preceded by the chapter number and that amendment 1 sufficiently distinguishes local zoning references from state code references. The committee voted 3-0 to recommend approval of ZTA 26-07 as amended.

Bill 9-26 - Rental Housing - Maintenance Standards and Essential Services - Air Conditioning

  • Bill 9-26, introduced February 10, 2026 and heard publicly on March 10, 2026, would amend the 2020 legislation that requires landlords to provide air conditioning in rental units from June 1 through September 30.
  • The bill would remove the existing exemption for detached single-family homes and extend the required cooling period to May 15 through September 30.
  • Staff summarized impact statements: a negative but complex economic impact for landlords, a positive racial equity impact, and a small positive climate impact.
  • Staff noted that Maryland's 2026 General Assembly session passed a new state law, Section 8-222 of the Real Property Article, which applies to new construction and, effective October 1, to substantially renovated properties. The state law aligns with the county's 80-degree standard measured three feet above floor level in each habitable space.
  • DHCA presented three informal recommendations: differentiating between central plant buildings, which need a later seasonal switchover from heating to cooling and should be required to switch by June 1, and units with individual thermostat control, which could use May 15; and creating a hardship exemption for single-family units without existing air conditioning that need to install a new system or electrical upgrade, allowing an automatic application and one year to comply.
  • DHCA did not provide formal written amendment language. Councilmembers expressed disappointment that the recommendations were not submitted in advance, and lead sponsor Councilmember Mink said the informal position did not reflect the position expressed by the DHCA director an hour earlier, noting that constituents in central plant buildings have been overheating and should not be excluded from relief.
  • The committee deferred action on Bill 9-26 and agreed to reschedule a worksession after DHCA provides a formal position and amendment language coordinated with Council staff and the lead sponsor.

Key Outcomes

  • ZTA 26-06 was recommended to the full Council as amended by a 3-0 vote; council action will be scheduled for a later date.
  • ZTA 26-07 was recommended to the full Council as amended by a 3-0 vote; council action will be scheduled for a later date.
  • The committee requested that the Planning Department return with recommendations and examples of ADU fee waivers, potentially tied to affordability agreements, for possible future legislation.
  • Bill 9-26 was deferred; a second worksession will be scheduled after DHCA submits formal, vetted amendment language.

Meeting Transcript

Good afternoon. It is just past one thirty on July twenty-seventh. We're here for a planning housing and parks committee work session. We have a few items on our agenda, starting with a couple zoning tax amendments recommended by the planning board related to compliance with state law to get our zoning code in conformance with the state issues, starting with accessory dwelling units. So why don't we turn it over to Miss Nadu? You can walk us through the issues and we can take it up. Absolutely. Speakers were all in support. Although multiple speakers did ask for amendments to remove owner occupancy requirements, um, as well as the two adult occup to adult occupancy requirement, which I will address later. So turning to page two, the background of this is in April twenty twenty-five, the General Assembly passed House Bill fourteen sixty-six, and it explicitly required uh the county to adopt what all local jurisdictions, not just us, um, to adopt a local law that authorizes ADU development by October first, twenty twenty-six. So the county actually, as you know, already has ADUs allowed in the zoning ordinance, um, but several of the provisions were stricter than the state would like. And so planning um took on drafting and transmitting this CTA for request by the council, or for intro by the council. Um, so going through the various provisions in the DTA. Uh, first, the use table. Uh, previously, both attached and detached ADUs. Um, and to back up slightly, this whole ZTA will cover both types. I know we often think of the detached like converted garage, but basement apartments are also considered ADUs. So this covers both. Um, so the use table was amended to allow ADUs in all zones. Uh, currently, ADUs were only allowed in the agricultural rural residential and residential detached zones. Um, the reason for this change was the definition under state law as well as guidance documents that were provided by the state. And so planning reviewed all of those and interpreted that this should be changed in our zoning ordinance to bring us into compliance. Second, also about the definition. And so what they said was local jurisdictions need to do a parking study if you're going to have parking restrictions on ADUs. And also that if parking is going to be required, there must be a waiver provision. So planning had two choices here. We could have removed all of the parking provisions, or they could do a parking study and see where we can tweak what was already, I'll say hard fought. And so the current zoning ordinance requires one off street parking space, which is not required if you're a mile from Purple Line or MARC, and it also allows a request for a waiver from the hearing examiner. So park uh planning completed the study and had a few recommendations. First was to actually retain that one space per ADU as well as the exemption near transit. But there was a requirement that you have, if you did not have a driveway, you had to do additional parking spaces. So planning recommended removing that, and then also retaining the waiver that you get through the hearing examiner. So if you look at this ETA section about parking, first the language about if a new driveway must be constructed, then two spaces must be provided is changed so that if the principal dwelling has no existing on-site parking, such as a driveway, then the ADU only needs to provide one more parking space. So it's more consistent across all ADUs. And then also letting the hearing examiner do a waiver if the size or shape of the existing lot effectively precludes the ability to provide additional on-site parking. And that change is consistent with language in the state law about a parking waiver for small or irregular lots. We like to go through proofread update where we can. So there's things like making things that were lowercase, be uppercase, some language that was cut off. So that's number four on page three. And so what the ZTA does is apply that across the board in all zones. But we thought of a scenario where there's an ADU on a lot, and then you subdivide the lot. Now the ADU is on its own lot, so in that instance, you would then count that density. As for the use standards, this is a lot of stuff about the setbacks, which is probably the part where we were the least in compliance with the recent state law. So there were standards in the zoning ordinance about size specifications. Because the state definition made it clear that you could go up to 75% of the size of the primary dwelling. Just most of those setback and other size requirements are just taken out and replaced with that language. And so what the ZTA does is rely on those accessory setback provisions. I did receive a question or two about this, like then what would the setbacks be? It would be whatever the accessory structure allowances are in the underlying zone. So that varies across zone, but whatever zone you're in, whatever those accessory structure standards are, that's what the detached ADU standards would be.

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