Current with changes from the 2024 Legislative Session
Section 7-502 - [Effective 1/1/2025] Qualified projects on property owned or previously owned by the state or federal government(a) In this section, "qualified project" means a residential project that: (1) consists of new construction or substantial renovation, as annually established and identified by the Department of Housing and Community Development in the Multifamily Rental Financing Program Guide;(2) is on property that: (i)1.was formerly owned by the State;
2. consists of more than one building;3. includes at least one building that was built more than 50 years before the date of application for the project; and4. is appropriate for redevelopment as determined by the Secretary of Housing and Community Development; or(ii)1.is currently or was formerly owned by the federal government;
2. is greater than 80 acres in size; and3. was the site of a former U.S. military reservation;(3) contains at least 25% of units that are affordable dwelling units; and(4) is deed-restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years .(b)(1) In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone.(2) In an area zoned for single-family residential use, a qualified project may include middle housing units.(3) In an area zoned for multifamily residential use, a qualified project:(i) shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and(ii) may consist of mixed-use .(4) Subject to § 7-509 of this subtitle, a qualified project may consist of mixed-use development with density limits that do not exceed the highest allowable density in the local jurisdiction's multifamily residential zones: (i) in an area zoned for nonresidential use; or(ii) on land that: 1. is currently or was formerly owned by the federal government;2. is more than 80 acres in size; and3. was the site of a former U.S. military reservation.(5) In an area zoned for mixed-use, a qualified project may consist of residential development with density limits that do not exceed the greater of the following: (i) the highest allowable density in the local jurisdiction's residential zones; or(ii) six units per gross acre.(6) If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7-503 or § 7-504 of this subtitle.Added by 2024 Md. Laws, Ch. 122,Sec. 1, eff. 1/1/2025.