Maryland protects housing approvals and delays some local project charges

Local authorities and the Commission must use the laws and rules in effect when they receive a substantially complete housing project application to decide whether to approve, conditionally approve, or deny it. This applies to housing project applications reviewed by a local regulatory authority or the Maryland–National Capital Park and Planning Commission. An application may qualify despite minor errors or missing details. Reviewers must notify applicants of their completeness decision and, if it is incomplete, list the problems and allow reasonable time to fix them. For a project needing several approvals, the first complete or substantially complete application that may lead to final project approval generally sets the date. A rezoning request or similar local process does not count. Reviewers generally must decide within 30 days whether an application is substantially complete. If they do not notify the applicant within 35 days, it is treated as substantially complete for this rule.

After a project receives all required approvals, its proponent has a vested right to the approved use and development for at least five years. Each phase of a phased housing project is treated as a separate project for this protection. A local authority or the Commission may set a longer period. Existing approval expiration rules still apply, subject to this protection. Authorities may require separate approvals for each phase and enforce health and safety rules needed to address immediate threats to public safety. Conflicting state or federal law takes priority. The protection begins after the project receives all required approvals.

Covered counties and municipalities may not collect development taxes or impact fees for residential projects until construction is complete and occupancy requirements are met. This applies to counties and municipalities that impose these charges under the specified local laws or authority. It covers residential projects, including mixed-use projects with homes. A county or municipality may collect the charge as a condition of a final inspection, but no more than 30 days before that inspection. This timing rule does not apply to a charge imposed to finance county debt incurred on or before January 1, 2026. If a charge is unpaid within a reasonable time set by the county or municipality, it may deny, withhold, or revoke an occupancy certificate or permit. The general collection limit lasts until construction is complete and occupancy requirements are met. A charge collected before a final inspection may be collected no more than 30 days before it.