The PRA Housing Committee, and its neighboring partner associations*, want to alert residents to legislation now pending before the Maryland General Assembly. The Housing for Jobs bills, HB 503 and SB 430, seek to accelerate county and municipality approvals of building permits in order to increase new housing.
The bills do so by identifying counties with a housing “deficit,” such that those counties would be required to expedite approvals of building permits unless a denial would fit six narrow exceptions. Even then, an exception can be overridden by “the need for more housing.” Montgomery County would be in the building deficit category until it achieves 33,000 new approvals, without regard to its current “pipeline” of some 35,000 housing permit approvals yet to be built. Under this formula, Montgomery County could remain in deficit indefinitely.
Under the proposed state legislation, in order for a county or local authority to deny new or substantially new housing permits, the authority would have to show, by clear and convincing evidence, that the housing would: adversely impact health or safety of occupants; fail to comply with other state or federal law; lack adequate water or wastewater facilities; be located on inappropriate land, such as industrial or agricultural space; cause local school enrollment to exceed 100% of capacity; not comply with objective written development standards in existence at the time of application.
Proponents of the legislation claim that this last exception preserves county and local zoning and permitting requirements. Opponents point out that the override for “the need for more housing” could preempt this and the other exceptions. In any event, traditional neighborhood considerations, such as traffic, parking and compatibility, do not figure into any of the provisions of the bill as currently proposed.
The General Assembly is in session until April 7, 2025. Insiders in Annapolis expect substantial amendments to be advanced to these bills. But, due to the widespread perception of a housing crisis in the state, some form of the legislation is likely to be enacted by the General Assembly this year. We will update residents as the “sausage-making” progresses in the state capital.
*Kensington Estates Civic Association and Byeforde-Rock Creek Highlands Citizens Association.
Parkwood Residents Association 