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

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

Key Facts

Governing law
Montgomery County Code § 29-19(b)
License type
Class 3 accessory apartment license
Proof accepted
MD tax return, license, or tax bill
Enforcing office
Dept. of Housing and Community Affairs

Summary

An accessory dwelling unit rental license requires the owner to live in either the main house or the ADU as their primary residence, proven with tax or license records.

City-specific rules exist: Rockville has its own adu owner occupancy rules that differ from Montgomery County's county-level regulations. If you live in Rockville, check the city-specific page instead.

the principal dwelling or accessory dwelling unit is the primary residence of the applicant for an accessory dwelling unit rental license. Evidence of primary residence includes: (i) the owner's most recent Maryland income tax return; (ii) the owner's current Maryland driver's license; or (iii) the owner's real estate tax bill for the address of the proposed accessory dwelling unit

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

Montgomery County will not license an accessory dwelling unit for rent unless the principal dwelling or the ADU itself is the applicant's primary residence. The Department of Housing and Community Affairs accepts a Maryland income tax return, a Maryland driver's license, or a real estate tax bill for the property as proof. At renewal, the owner must again attest that one of the two units on the lot is their primary residence, on top of certifying compliance with occupancy limits under Section 26-5.

Violations & Fines

Failing to prove owner-occupancy blocks issuance or renewal of the Class 3 rental license; operating an unlicensed ADU rental is a class A civil violation enforced by the County Attorney.

Frequently Asked Questions

Do I have to live in the ADU itself, or just the property?
Either works: the principal dwelling or the accessory unit can be the applicant's primary residence, but one of the two must be.
What counts as proof of primary residence?
A recent Maryland income tax return, a current Maryland driver's license, or the real estate tax bill for that address.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland accessory structures overview

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