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Allegany County, MD Accessory Structures: ADU Rules (2026)

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

ADU rules in Allegany County, MD, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Governing section
Allegany County Code § 360-87
Districts allowed
B-1, B-2, I only
Ownership rule
Same owner for dwelling and business use
Size rule
Dwelling must be subordinate in size
Repeat-violation fine
Up to $1,000 per § 360-140.E

Summary

In unincorporated Allegany County, an accessory dwelling unit is only a zoning right in the B-1, B-2 and I Districts, and only as a use tied to a commercial or industrial building on the same lot. There is no by-right ADU in the county's residential (R-1, R-2) or agricultural (A, C, GU) districts under Chapter 360.

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

§ 360-87. Accessory dwelling units. Accessory dwelling units shall be permitted in the B-1, B-2, and I Districts, subject to conditions set forth in § 360-129. ... ... C. Dwelling units as accessory uses in the B-1, B-2, and I Districts. New dwelling units associated with commercial or industrial uses may be permitted as accessory uses in the B-1, B-2, and I Districts where the dwelling units are clearly subordinate in size to the commercial or industrial use. The owner of the dwelling units must also own the associated commercial or industrial use.

Full Breakdown

Land Development Services administers ADUs under Allegany County Code § 360-87, which permits accessory dwelling units in the B-1 (Neighborhood Commercial), B-2 (Major Commercial) and I (Industrial) Districts, subject to the general regulations of § 360-129. Section 360-129.C frames these as "dwelling units as accessory uses" attached to a commercial or industrial building: the new unit must be clearly subordinate in size to the primary commercial or industrial use it accompanies, and the same person must own both the dwelling unit and the associated business use, foreclosing a landlord adding an ADU to lease independently.

Because the R-1, R-2, GU, A and C Districts are not listed in § 360-87, a homeowner in one of the county's residential or agricultural zones cannot add a garage apartment or in-law suite as an accessory dwelling unit under this section; any such second unit would instead have to qualify separately, for example as a duplex conversion under § 360-83, which is itself restricted to certain districts and requires Board of Appeals approval as a special exception outside the R-2/GU Districts. A zoning permit application for a § 360-87 accessory dwelling unit goes through Land Development Services' standard permit procedure under Article XIV, with plan review and applicable fees set under § 360-72.

Violations & Fines

Building or using land, including adding a dwelling unit, without the required permit is a civil infraction under § 360-140.D. The County can issue a thirty-day notice to correct, and repeat violations by the same owner on the same property can draw a civil citation without the notice period. Fines are set by Commissioners' resolution, and repeat violations of the same offense can reach $1,000 per § 360-140.E, with each day of continued violation a separate offense; the County may also abate the violation at the owner's expense and record a lien.

Frequently Asked Questions

Can I add an accessory dwelling unit to my house in a residential district in unincorporated Allegany County?
Not under § 360-87, which limits accessory dwelling units to the B-1, B-2 and I Districts and only when tied to a commercial or industrial use on the same lot. A second unit on residential land would have to be authorized under a different section, such as the duplex provisions of § 360-83, which carry their own district and Board of Appeals limits.
Who can own the accessory dwelling unit under § 360-129?
Section 360-129.C requires the same person to own both the accessory dwelling unit and the commercial or industrial use it is attached to, so an investor cannot add a rental unit onto someone else's business building and lease it separately.
What happens if I build an ADU without a permit?
It is treated as building or changing use without a permit, a civil infraction under § 360-140.D. The County issues a notice to correct, and if the situation is not fixed within 30 days it can escalate to a civil citation, abatement at the owner's cost, or a fine that can reach $1,000 for repeat violations under § 360-140.E.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

How Allegany County compares: Easiest Cities to Build an ADU·Compare Allegany County to another location·View the Maryland accessory structures overview

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