ADU Pass
Saint Michaels
ADU Pass helps homeowners in Saint Michaels, Talbot County, Maryland navigate the permit paperwork for building an accessory dwelling unit. This area covers 3 ZIP codes.
Map
Talbot County — county ADU rules and overlays
County ADU ordinance
Talbot County Chapter 190 Article IV Section 33.6 expressly permits one 'accessory dwelling' per lot in addition to the primary single-family detached dwelling, in any of three forms: (1) within the primary dwelling, (2) within an accessory structure such as over a detached garage, or (3) as a free-standing detached accessory dwelling. Accessory dwellings are excluded from density calculations. Owner-occupancy is NOT strictly required - the owner may live on-site and rent the other unit OR may rent the entire property - but the primary and accessory units must be rented as a single package, with no separate-tenant leases or subleases between them. Use as a guest house or employee dwelling is permitted; bed-and-breakfast use of a detached accessory dwelling is prohibited. Interior accessory dwellings are capped at 35% of the primary residence's gross floor area or 900 sq ft, whichever is less, with a 300 sq ft minimum. Detached accessory dwellings require at least 1 acre with septic or 0.5 acre with public sewer; on lots up to 5 acres they are capped at 900 sq ft (including porches/decks), must share the primary's septic system and driveway, and on lots over 5 acres they are capped at 1,500 sq ft. In the Rural Conservation (RC) District the cap is 900 sq ft AND the entire perimeter of the accessory dwelling must lie within 100 feet of the primary dwelling. Detached accessory dwellings may not be subdivided or sold separately from the primary unless each resulting lot independently meets current density and bulk standards.
County regulatory overlays
- Critical Area Overlay District (CAO) — An accessory dwelling on an RC-district parcel inside the CAO must observe BOTH the Sec. 33.6.G 900 sq ft cap and 100-foot proximity rule AND any additional Critical Area Commission requirements (e.g., impervious-surface offsets, buffer plantings). The county is required to report all RC-district accessory-dwelling building permits quarterly to the Critical Area Commission.
- Floodplain Management Overlay — Accessory dwellings added to existing principal dwellings in the floodplain require elevation certificates and may trigger substantial-improvement rules if the addition value exceeds 50% of the principal structure's pre-improvement assessed value, in which case the entire structure must be brought into compliance with the elevation standard.
- Forest Conservation Act — Pure interior accessory dwellings rarely trigger FCA; new footprint, land clearing, or grading associated with a detached accessory dwelling on a wooded parcel may require Forest Conservation Plan compliance.
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.
ZIP Codes
- 21624
- 21647
- 21663
Post Office
- 303 S Talbot St, 21663