Harford County, MD Accessory Structures: ADU Rental Restrictions (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.
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.
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?
What happens to the ADU's permit if the qualifying relative moves out?
Does the ADU certificate transfer when I sell my house?
Sources & Official References
Other rules in Harford County
Compare Harford County to another location·View the Maryland accessory structures overview
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