Caroline County
ADU Pass helps homeowners in Caroline County, Maryland navigate the permit paperwork for building an accessory dwelling unit. We cover 8 cities and 10 ZIP codes in this county.
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County ADU details
County ADU ordinance
Caroline County, MD (population ~33,000; rural Eastern Shore agricultural county whose seat is Denton) regulates accessory dwelling units under Chapter 175 (Zoning), Article IX (Accessory Structures and Uses), Section 175-83. The county code defines an ADU as separate living quarters - with its own kitchen, living, and sleeping areas - located within the principal dwelling or in a detached accessory structure. Owner-occupancy of either the principal or accessory unit is required, and the principal and accessory unit must be in common ownership and cannot be subdivided from each other. The ADU must be located in a side or rear yard, no closer to the front lot line than the principal dwelling, and no more than 100 feet from the principal dwelling if detached. Total habitable area must be at least 400 square feet and not exceed 1,000 square feet, and the ADU cannot be larger than 50% of the principal dwelling. One ADU is permitted per lot. Mobile homes are not permitted as ADUs under Section 175-83 (the county's separate Article VIII governs mobile homes). The 2025 statewide ADU framework (Maryland HB 1466 / SB 891, signed by Governor Wes Moore on 2025-04-21, effective 2025-10-01) requires local-jurisdiction compliance by 2026-10-01; Caroline County's existing Section 175-83 was on the books before HB 1466 and must be conformed to the state floor by that deadline. As of the verification date the county had not yet adopted a HB 1466 conforming amendment.
Code citations:
- Caroline County Code, Chapter 175 (Zoning), Article IX (Accessory Structures and Uses), Section 175-83 (Accessory Dwelling Units)
- Maryland HB 1466 / SB 891 (2025) - Accessory Dwelling Units Act of 2025
State-floor overlay: Maryland HB 1466 (2025) establishes a statewide ADU floor that local jurisdictions must conform to by 2026-10-01. Caroline County's pre-existing Section 175-83 is generally permissive but has not yet been amended to align with the HB 1466 framework; the state floor will control to the extent of any conflict.
Adopting body: Caroline County Board of County Commissioners (the county is a commissioner-form government, not a charter county)
County permitting (unincorporated parcels)
The Caroline County Department of Planning and Codes (established 1985) administers zoning and building-permit review for unincorporated Caroline County from offices at 403 South 7th Street, Suite 210, Denton, MD 21629. The department operates a unified planning, zoning, and codes-administration function; it also handles erosion and sediment control, forest conservation, stormwater management, Critical Areas, floodplain management, and addressing. Applications are submitted through the county's online portal at https://caroline.onlama.com/. Inside the eight incorporated municipalities (Denton, Federalsburg, Goldsboro, Greensboro, Henderson, Hillsboro, Preston, Ridgely) the town issues its own building and zoning permits; the county's authority covers only unincorporated territory plus any town that has contracted county services.
Process overview: Caroline County publishes a Building Permit Application Checklist and site-plan specification. A complete first submittal lists a building permit application, a site plan to county specifications, and architectural plans. After intake the application is routed for concurrent review against the zoning ordinance (Chapter 175), the adopted building code, stormwater and erosion-and-sediment-control rules, Critical Area rules where the parcel lies within 1,000 feet of tidal waters or wetlands, and floodplain rules where the parcel lies within a mapped SFHA. The county's stated goal is to generate comments within 15 working days of a complete submittal; partial or inaccurate submittals extend the cycle. Issued permits remain valid for one year, with extension available before expiration.
Impact fees: Caroline County has a development impact fee ordinance on residential development (Caroline County Code, Chapter 75); fee amount is set by date of application and is published in the Planning and Codes Department fee schedule. The schedule itemizes building, electrical, and plumbing inspection fees separately from impact fees. Whether an ADU is subject to a full new-dwelling impact fee or a reduced accessory-use fee is set at intake against the current schedule.
County assessor
Caroline County does not operate its own assessor's office. Under Maryland Constitution Article XV and Tax-Property Article Title 2, real property assessment is a state function performed by the Maryland State Department of Assessments and Taxation (SDAT). The Supervisor of Assessments for Caroline County is a SDAT employee (the county partially funds the local office but does not direct its work). Caroline County's own Tax Office, located in the County Office Building, handles billing and collection of property taxes once SDAT has set the assessment. ADU improvements are captured on the host parcel's record through permit data shared by the Department of Planning and Codes with the Supervisor of Assessments, and the added improvement value is phased in on Maryland's three-year reassessment cycle.
Assessment policy: Maryland reassesses each parcel once every three years, with the assessed value phased in over the three-year cycle. Owner-occupied principal residences are eligible for the Homestead Tax Credit, which caps the year-over-year increase in taxable assessment regardless of underlying market growth (the county sets its Homestead percentage annually). New improvement value from an ADU is added to the parcel record at the next regular reassessment after the certificate of occupancy is issued; the Homestead cap shields existing assessed value but does not exempt new improvement value. Property owners may appeal an assessment between July 1 and December 31 of any year for the following tax year.
County overlays (3)
Caroline County administers three overlay regimes that materially affect ADU project feasibility: (1) the Chesapeake Bay Critical Area, which applies to all land within 1,000 feet of the Choptank River, the Tuckahoe Creek, the Marshyhope Creek, and their tidal tributaries; (2) FEMA NFIP floodplain rules, with floodplain overlay districts established as overlays on the Official Zoning District Maps; and (3) Forest Conservation Act review for projects that disturb 40,000 square feet or more. The Critical Area regime is the most distinctive Caroline County overlay: substantial portions of the southern and western parts of the county (and a corridor along the Choptank through Denton, Greensboro, and Federalsburg) fall inside the 1,000-foot Critical Area envelope, and the Maryland Critical Area Commission's IDA / LDA / RCA classification of a parcel controls density, impervious-coverage caps, and buffer rules for any new structure including an ADU.
- Chesapeake Bay Critical Area (Caroline County) — Contact Matt Kaczynski at the Caroline County Planning and Codes Department (410-479-8100) for Critical Area determinations.
- FEMA NFIP Special Flood Hazard Areas in Caroline County — A new ADU in a mapped SFHA must be elevated to or above the Base Flood Elevation; cost impact on the project is often material on this low-lying Eastern Shore county.
- Forest Conservation Act review (Caroline County) — Most single-ADU additions on existing residential lots stay below the FCA trigger; verify at intake for larger parcels.
Known county issues (3)
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Maryland state — ADU law and programs
State ADU law
Maryland enacted statewide ADU preemption with the Accessory Dwelling Units Act of 2025 — HB 1466 / SB 891 (cross-filed) — passed by the General Assembly in the 2025 Regular Session and effective 2025-10-01. Counties and municipalities with planning and zoning authority must adopt local laws compliant with the Act by 2026-10-01. The Act establishes that it is the policy of Maryland to promote and encourage ADU creation on land with a primary single-family detached dwelling. ADUs are defined as secondary units on the same lot/parcel/tract as a primary single-family detached dwelling, no greater than 75% of the size of the primary dwelling. Counties and municipalities cannot prohibit ADUs or impose unreasonable restrictions on their construction or rental. The 2025 ADU Act ALSO amends the Maryland HOA Act (Title 11B of the Real Property Article), prohibiting community associations from prohibiting or unreasonably restricting ADU construction and rental. The state has been preparing this framework since 2023 (SB 382 created the ADU Policy Task Force, which issued its final report 2024-05-31).
State HOA preemption
Maryland enacted HOA preemption for ADUs as part of the 2025 ADU Act. HB 1466 / SB 891 amended the Maryland Homeowners Association Act (Real Property Article, Title 11B), adding the ADU definition at §11B-101(a-1) and prohibiting HOAs from prohibiting or unreasonably restricting the construction or rental of ADUs on lots with primary single-family detached dwelling units. HOAs retain authority to (a) treat an ADU as a separate lot for voting and assessment purposes (optional, not required) and (b) impose reasonable design and architectural standards consistent with the community's overall character. The HOA preemption became effective 2025-10-01.
State financing programs
Maryland does not currently operate an ADU-specific statewide loan, grant, or forgivable-loan program tied to the 2025 ADU Act. The Maryland Department of Housing and Community Development (DHCD) administers a broad portfolio of homeownership, rental development, and home-repair financing — including the Maryland Mortgage Program, Settlement Downpayment Loan Program, Project Restore (commercial-to-residential conversions), and various Energy & Home Repair loan products. None target ADU construction directly, though Project Restore can fund ADU-like conversions, and the Energy & Home Repair Loan can fund ADU-related electrical, HVAC, and weatherization upgrades.
State housing programs
Maryland's primary state-level ADU program is the 2025 ADU Act framework: statewide preemption requiring local jurisdictions to adopt compliant ordinances by 2026-10-01, including HOA preemption. The Maryland Department of Planning maintains an ADU resource hub with technical assistance for local governments. Maryland does not currently operate a statewide pre-approved ADU plan catalog, an ADU rebate, or an impact-fee waiver statute, but the local-compliance window through 2026-10-01 is expected to produce additional ADU-specific incentive programs.
- ADU Act 2025 Statewide Floor (HB 1466 / SB 891) — Counties and municipalities with planning/zoning authority must adopt compliant ordinances by 2026-10-01, allowing ADUs on every single-family-detached lot at up to 75% of primary dwelling size. Bars prohibitions and unreasonable restrictions. Includes HOA preemption.
- Maryland Department of Planning ADU Resource Hub — Resource hub with model ordinances, FAQs for local governments (HB 1466 FAQ), task-force final report, and statewide ADU ordinance inventory.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.