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Harford County, MD Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

ADU purpose
Relative occupancy only, § 267-28B(8)(a)
Owner-occupancy required
One of the two units
Certificate voids on
Sale, non-qualifying occupant, or vacancy
New owner requirement
Must re-apply for a new certificate
Not eligible
Market-rate rental use
Max fine
$500 per day

Summary

Harford County's accessory dwelling unit rule is not a general rental license: § 267-28B(8)(a) states its purpose is 'to allow a relative to live in an accessory dwelling unit within a family member's principal dwelling unit,' and § 267-28B(8)(c) requires the owner to occupy one of the two units as a legal permanent residence while a relative occupies the other.

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.

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. ... 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. ... The zoning certificate for the ADU shall be deemed null and void if: ... The property is transferred, conveyed or assigned; or ... The accessory dwelling unit is no longer being occupied by an individual identified in this subsection; or ... The property owner no longer occupies either the primary single-family detached dwelling or the 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: rev 4988582; v46 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Unlike a typical accessory apartment, Harford County's ADU provision under § 267-28B(8) does not let an owner rent the unit to the general public. Subsection (a) states the purpose plainly: to allow a relative to live in an accessory dwelling unit within a family member's principal dwelling unit. Subsection (c) backs that with an occupancy mandate: the property owner must occupy, as a legal permanent residence, either the principal dwelling unit or the ADU, while the other unit is occupied by the relative. That structure rules out leasing the ADU to a tenant unrelated to the owner, or renting out the main house while leasing the ADU to a stranger.

The restriction has teeth: § 267-28B(8)(h) makes the zoning certificate for the ADU 'null and void' if the property is transferred, conveyed or assigned; if the ADU is no longer occupied by an individual identified under the subsection, meaning the qualifying relative; if the owner no longer occupies either unit; or if any provision of the subsection is violated. A new owner who wants to keep the arrangement going after a sale must obtain a fresh zoning certificate under (g), and the county treats any use outside the relative-occupancy structure, including a market-rate rental, as grounds for voiding the certificate and pursuing enforcement.

Violations & Fines

Renting an ADU to anyone other than the qualifying relative, or failing to keep the owner living in one of the two units, voids the zoning certificate under § 267-28B(8)(h) and makes continued occupancy an unpermitted use. The Director of Planning can order it abated under § 267-14A, with a misdemeanor fine of up to $500 per day for a continuing violation under § 267-14B, or a civil citation up to $500 per offense under § 1-23A(1).

Frequently Asked Questions

Can I rent my Harford County ADU to a stranger for income?
No. § 267-28B(8)(a) limits the ADU's purpose to letting a relative live in it, and § 267-28B(8)(c) requires the property owner to occupy one of the two units while the relative occupies the other, ruling out a market-rate rental to someone unrelated.
What happens to the ADU's permit if the qualifying relative moves out?
§ 267-28B(8)(h) makes the zoning certificate null and void once the ADU is no longer occupied by an individual identified under the subsection, meaning the county treats the ADU as an unpermitted use until a new certificate is obtained.
Does the ADU certificate transfer when I sell my house?
No. § 267-28B(8)(g) requires a new owner to obtain a new zoning certificate to continue using the ADU, and (h) automatically voids the old certificate once the property is conveyed.

Sources & Official References

Other rules in Harford County

All Harford County rules

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

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