State law mandates town must not be restrictive

By Tara Fischer

Staff Writer

(Feb. 12, 2026) Berlin officials began laying the groundwork for how the town will comply with new state requirements for accessory dwelling units (ADUs) by holding a joint work session this week with the mayor and council and the Berlin Planning Commission.

The group considered parking requirements, equivalent dwelling units (EDUs), short-term rental regulations, and size restrictions.

The meeting comes as Maryland law now requires all municipalities and counties to adopt a local law authorizing the development of ADUs on properties with single-family detached homes by Oct. 1, 2026, under Senate Bill 891 and House Bill 1466.

The law is part of a statewide mission to expand housing options. The idea is that accessory dwelling units, apartment-like structures detached from a lot’s primary home, could provide additional residency options.

One of the central questions from Monday night’s work session was whether ADUs in Berlin should be approved “by right,” meaning automatically if they meet zoning standards, or whether applications should go through a conditional use or special exception process with review by the Board of Zoning Appeals.

Councilman Steve Green said Berlin should consider additional review, such as having the Board of Zoning Appeals hear the cases, at least to begin with in town.

“By right goes right through, basically,” he said. “Are we happy by right, or do we want to add a hurdle to it, where it allows case-by-case review of each one?”

There was some discussion about whether approving ADUs under special exceptions or conditions, rather than by right, is permitted under state law. Berlin Mayor Zack Tyndall said that officials and staff would seek an answer to this question, but the Maryland Department of Planning states it’s permissible and that ADUs simply can’t be prohibited.

The planning commission and the mayor and council also considered size restrictions. Worcester County allows ADUs between 500 and 900 square feet. However, Council member Shaneka Nichols said that she would like to see the maximum reduced for Berlin’s ordinance.

“I think using the county as a skeleton and then building from it is a great idea, but I think the part that’s hard for me is Worcester County … can be vast and huge …I  think 900 square feet, that’s a decent size for a first house,” she said. “That’s big…if you’re truly using it as an accessory unit, what do you need 900 square feet for? Unless it’s an income property.”

Nichols indicated that a more appropriate size for an ADU would fall between 500 and 700 square feet.

Parking was another major concern. Planning Commission Chair Matt Stoer said Berlin’s residential parking study is outdated and that the town may need new data before requiring extra parking spaces.

“We can’t force additional spots on property unless we have a parking study showing there’s a need for us not to have extra people, extra vehicles, and to require a spot,” he said. “Something most of our roads probably can’t handle is more cars.”

Tyndall said they were unsure whether spending around $20,000 on a new parking study for ADUs is necessary, given that few people are likely to build the detached units.

“Is it better to just require…to assess a fee associated with parking if you can’t handle it onsite?,” he said. “Is it worth the town spending money if the basket is going to be so small? I don’t think so. So how do you accommodate the parking considerations?”

The mayor said that parking regulations be something the group would come back to at a later work session.

The group also discussed how ADUs would impact water and sewer capacity. Current town policy requires developers to pay an equivalent dwelling unit (EDU) fee — roughly $17,000 — for new connections. Several officials said that the fee would be too burdensome for small ADUs.

One option discussed was charging a fractional EDU or reviewing water usage annually and adjusting fees if necessary.

Despite differing views on details, there was agreement on several points: ADUs should not be used as short-term rentals, units should be within 100 feet of the main house, and they should match the style of the primary dwelling. Height should also not exceed that of the main home.

Town staff and officials will continue drafting an ordinance for ADU requirements. Additional work sessions will be held to finalize details.

“We need answers to the by right question, we need an answer or some general idea of what we can discuss next time around parking, and we need something about EDUs,” Tyndall said. “I think there’s some research that needs to be done.”