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Harford County, MD Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

ADU size
300 to 1,500 sq ft, max 50% of home
Bedroom cap
No more than 2 bedrooms
Eligible districts
AG, RR, R1-R4, RO, VR
Who may occupy
A relative of the owner
Application
Signed ADU agreement plus deed copy
Certificate voids if
Sale, vacancy, or non-relative occupant

Summary

Harford County allows one accessory dwelling unit per lot in the AG, RR, R1-R4, RO and VR Districts, but only to house a relative, and the property owner must live in either the main house or the ADU as a legal permanent residence.

These county ordinances apply to unincorporated areas of Harford County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(8) Accessory dwelling units (ADU). ... (a) Purpose. The purpose of the accessory dwelling unit is to allow a relative to live in an accessory dwelling unit within a family member's principal dwelling unit. (b) One ADU is permitted on a single lot in the AG, RR, R1, R2, R3, R4, RO and VR Districts, provided that: ... (c) The property owner shall occupy, as his or her legal permanent residence, either the principal single-family detached dwelling unit or the accessory dwelling unit, and the other dwelling unit shall be occupied by the relative. ... (h) The zoning certificate for the ADU shall be deemed null and void if: [1] The property is transferred, conveyed or assigned; or ... [3] The property owner no longer occupies either the primary single-family detached dwelling or the accessory dwelling unit; or [4] A violation of any provision of this subsection.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4988582; v46 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Code of Harford County § 267-28B(8) permits a single ADU on a lot in the AG, RR, R1, R2, R3, R4, RO and VR Districts, built to house a relative of the property owner. The unit must be attached to or located within an existing single-family detached dwelling, measure between 300 and 1,500 square feet and no more than 50% of the principal home's habitable space, hold no more than 2 bedrooms, and be separated from the main house by a wall or floor with a connecting interior door.

It needs its own cooking, sanitary and sleeping facilities and must share the principal dwelling's street address. Before a zoning certificate issues, the owner submits a signed ADU agreement of understanding and a copy of the property deed to the Department of Planning and Zoning. The controlling condition is occupancy: the owner must live in either the principal dwelling or the ADU as a legal permanent residence, with the relative occupying the other unit. If the property changes hands, the new owner needs a fresh zoning certificate to keep the ADU in use.

Under § 267-28B(8)(h), the certificate is automatically null and void if the property is transferred, conveyed or assigned, if the ADU is no longer occupied by a qualifying relative, if the owner stops occupying either unit, or if any provision of the subsection is violated. The code also states that obtaining an ADU certificate is never grounds for, or evidence supporting, a hardship variance under § 267-11.

Violations & Fines

Once the owner-occupancy condition fails, whether through a property sale without a new certificate, the owner moving out of both units, or the ADU going to someone other than a qualifying relative, the zoning certificate is deemed null and void by operation of § 267-28B(8)(h). Continued use of the ADU after voidance is an unpermitted use enforceable by the Department of Planning and Zoning under the county's general zoning enforcement authority, and the owner cannot use the certificate's earlier issuance as evidence supporting a hardship variance under § 267-11.

Frequently Asked Questions

Can I rent Harford County's ADU to a non-relative?
No. Section 267-28B(8)(a) states the ADU's purpose is to allow a relative to live within a family member's principal dwelling, and the zoning certificate becomes void under § 267-28B(8)(h) if it is occupied by anyone else.
Do I have to live on the property myself?
Yes. Section 267-28B(8)(c) requires the property owner to occupy either the principal dwelling or the ADU as a legal permanent residence, with the relative in the other unit; moving out of both voids the certificate.
What happens to the ADU certificate if I sell the house?
It becomes null and void under § 267-28B(8)(h) upon transfer, conveyance or assignment. The new owner must apply for and receive a new zoning certificate before continuing to use the accessory dwelling unit.
How big can a Harford County ADU be?
Section 267-28B(8)(b)[4] sets a minimum of 300 square feet and a maximum of the lesser of 1,500 square feet or 50% of the existing home's total habitable space, with no more than 2 bedrooms.

Sources & Official References

Other rules in Harford County

All Harford County rules

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