The Montgomery County Council voted 10-1 on Tuesday, Nov. 10, to drop the requirement that homeowners live on properties with accessory dwelling units. The bill also waives fees for ADU owners who rent at below-market rates.

Bill 41-26, led by Councilmember Andrew Friedson and Council President Natali Fani-González, follows a 2019 zoning text amendment that first eased barriers for homeowners seeking to build ADUs. As we reported Nov. 10, County Executive Marc Elrich had called the bill "bad policy" and vowed to veto it if passed as introduced.

The identity of the lone dissenting vote was not available in council records reviewed for this report.

What changes for homeowners

Under the old rules, either the main house or the ADU had to be owner-occupied. That restriction is gone. Both units on a property can now be rented out.

To address concerns about corporate buyers, the bill caps any single owner at two ADU rental licenses countywide, according to the county's press release. The council's Planning, Housing and Parks Committee added that cap after Councilmember Will Jawando raised the issue at an Oct. 26 committee meeting.

The bill also waives county licensing and permitting fees for ADU owners who agree to charge rent affordable to households earning 65% or less of the area median income for at least 10 consecutive years.

Friedson said in a statement that the county faces a housing crisis and called ADUs "one tool in our toolkit to create more housing options." He said the legislation reduces red tape, improves affordability and follows best practices recommended by organizations like AARP.

The county's Department of Permitting Services reports that 222 ADUs have been permitted in Montgomery County since 2019.

The Montgomery County Planning Board had recommended approval of the bill. The Town of Chevy Chase submitted written testimony, though the content of that testimony was not available for this report.

Whether Elrich will follow through on his veto threat remains an open question. The bill was amended before the final vote, and the 10-1 margin exceeds the supermajority the council would need to override a veto.

Sidewalk bill gets public hearing

The same afternoon, the council held a public hearing on Bill 51-26, sponsored by Councilmember Evan Glass. The bill would make it easier to build sidewalks by lowering the bar to skip a public hearing.

Under current law, a proposed sidewalk built entirely in public rights-of-way can bypass a public hearing if a majority of property owners along the route sign a petition of support. Bill 51-26 would drop that threshold to 25% of property owners.

The bill would also replace the current requirement for a civic or homeowners association to file a notice of support. Instead, the county Department of Transportation would determine whether a proposed sidewalk would affect private property, including whether it would require acquiring private land, materially impair access to a property, or impose a special assessment.

A Transportation and Environment Committee worksession on the bill will be scheduled at a later date, according to the council staff report. Written comments on Bill 51-26 can be submitted through Nov. 23 at the council's public hearing sign-up page.