New legislation requires towns to allow accessory dwellings

By Tara Fischer

Staff Writer

The Berlin mayor and Town Council began early discussions this week on how the town will comply with a new state mandate requiring local governments to allow accessory dwelling units (ADUs), noting that months of work and public comment are ahead.

Mayor Zack Tyndall placed the item on Monday night’s meeting agenda to notify council members of Senate Bill 891 and House Bill 1466, passed by the Maryland General Assembly during its 2025 session.

The act requires every county and municipality to adopt a local law authorizing the development of ADUs on properties with single-family detached homes. This requirement will take effect on Oct. 1, 2026.

Tyndall said he would like to get the ball rolling on drafting an ordinance that meets the state mandate to authorize ADUs while developing regulations and standards that fit Berlin’s needs. The mayor added that there’s a tight timeline to complete the work, which will likely include a few joint work sessions between the council and the town’s planning commission, followed by public hearings.

“The reason we need to have this on our radar is we really have between now and April, the way I see it, to craft something,” Tyndall said. “It’s going to require public input, it’s going to require time for us to meet and work through something for Berlin.

“In April, we really ramp up significantly for the budget through about May or June. During the warmer time of the year, people aren’t as active and engaged. I don’t feel comfortable having that level of discussion in the summertime when we want to have public feedback, and then if you wait until after summer, you’re in September. It goes into effect in October.”

Accessory dwelling units, apartment-like structures detached from a property’s main house, have been promoted statewide to expand housing options. However, allowing ADUs isn’t without its challenges.

During Monday night’s discussion, Town Attorney David Gaskill cautioned that the legislation leaves some logistical questions unanswered, particularly those involving water and sewer capacity. He raised concerns about how additional dwelling units on residential lots could impact existing infrastructure.

“If we’re going to allow people to build accessory dwelling units on their residential lot, what about the EDU?” Gaskill said, referring to equivalent dwelling units tied to water and sewer usage. “I guarantee you they didn’t think about that.”

Tyndall acknowledged that while municipalities can adopt regulations, state law requires that guidelines not be unduly restrictive.

“They’ve said you can’t make the cost of implementation prohibitive,” Tyndall said. “It’s going to be troublesome to work through.”

Town Administrator Mary Bohlen emphasized that the State of Maryland requires the discussion and that it’s not optional.

“The important thing people need to keep in mind is that this has been mandated by the state,” she said. “We have to have this conversation, and we have to have something in place.”

Bohlen added that while the town may establish local regulations, those rules must be reasonable and cannot effectively prevent homeowners from building ADUs.

Councilmember Steve Green asked whether requiring the purchase of an additional EDU could be considered overly restrictive under the law. These types of questions will be worked through during the upcoming ordinance-drafting process.

Tyndall said the following steps will involve council members and planning commissioners reviewing the legislation, gathering information, and then holding joint meetings to discuss potential approaches to the new state law. Once a draft ordinance is developed, public hearings will be scheduled to garner community feedback.

“It’s going to be our job to work through it and then come prepared to discuss what we like, what we think,” the mayor said. “Even with the fact that we only have a few months. Then we have to get some public hearings on the books.”