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Welcome to the first installment of our series dedicated to unraveling the complexities of recent and potential state-level urban and community planning policy. State regulations establish the framework for local planning activities and are constantly evolving. We believe that understanding these laws is crucial for anyone interested in the future of our cities and communities. So, whether you are a local government official, city planner, developer, community activist, or just a curious citizen, we hope this series will provide valuable insights.
We first delve into the Maryland Housing Expansion and Affordability Act (HB538), a piece of legislation that the Maryland General Assembly approved on April 9th, 2024, and is expected to soon be signed into law by the Governor. The law aims to expand housing construction, particularly affordable housing, by lessening local zoning and permitting barriers. It requires all local jurisdictions in the state to ensure that their regulations follow three main components.
Maryland has an estimated housing shortage of 96,000 units, and over half of Maryland renters spend 30% or more of their salaries on housing. Due to the urgent nature of this housing conundrum and the complexities of local housing development, addressing zoning and permitting barriers is increasingly becoming one of the pieces of the puzzle.
Residential projects qualify for increased densities if they are new construction or substantial renovations in one of the following locations:
In each case, the project must contain a percentage of dwelling units affordable to households earning 60% or less than the area median income: 15% affordable near rail stations and 25% affordable for nonprofit and former state-owned land. These units must remain affordable for at least 40 years.
If a project meets the criteria above, local jurisdictions must allow a qualified project’s density to exceed that otherwise authorized in a district or zone as follows – A qualified project in an area zoned for:
The bill outlines deviations from the following traditional planning regulations and procedures for qualified projects:
Keep an eye out for subsequent pieces of the puzzle where decoding housing policies continues!
For more information on Maryland’s Housing Expansion and Affordability Act or expert support in planning your next urban and community planning project, Contact Our Team!
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Whether you’re a local government official, city planner, developer, or simply a concerned citizen, understanding the Maryland Housing Expansion and Affordability Act is crucial for the well-being of our communities.
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