Queen Anne's County, MD Accessory Structures: ADU Rules (2026)
ADU rules in Queen Anne's County, MD, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Number allowed
- One accessory apartment per single-family lot
- Location
- Inside the principal dwelling or an approved residential accessory structure
- Maximum size
- 1,500 square feet in total floor area
- Septic or no public sewer
- Queen Anne's County Health Department approval required
- Density
- Not counted in total allowable number of units
- Critical Area RCA unit
- 900 square feet, within 100 feet of the primary dwelling
Summary
In unincorporated Queen Anne's County, one accessory guest residence or apartment is allowed per single-family lot. It must sit inside the principal dwelling or an approved residential accessory structure, stay within 1,500 square feet of total floor area, and win Health Department approval where there is no public sewer.
One accessory guest residence/apartment is allowed as an accessory residential use per single-family lot, and shall not be included when calculating total allowable number of units, provided that: A. It is located within the principal dwelling structure or within an approved residential accessory structure; B. It does not exceed 1,500 square feet in total floor area; C. Where not on public sewer, is approved by the Queen Anne's County Health Department;
Full Breakdown
Section 18:1-48 is the county's accessory apartment rule. It allows one accessory guest residence or apartment as an accessory residential use per single-family lot, and the unit is not included when calculating the total allowable number of units, so it does not eat into the lot's density. Four conditions apply. The apartment must be located within the principal dwelling structure or within an approved residential accessory structure. It cannot exceed 1,500 square feet in total floor area. Where the lot is not on public sewer, the Queen Anne's County Health Department must approve it. The fourth condition, owner residence, is covered on its own page.
The accessory structure route connects to § 18:1-45, which sets location, area, and height limits for residential accessory structures in the same article. A related but separate use is the caretaker dwelling in § 18:1-46: one is allowed on a parcel of five or more acres, it must meet the setbacks that apply to the principal structure, and it can be no more than 50% of the area of the principal building.
Inside the Chesapeake Bay Critical Area the county code adds its own layer for the Resource Conservation Area under § 14:1-39(B)(2). One additional dwelling unit per lot or parcel counts as part of the primary dwelling for density if it is inside the primary unit or its entire perimeter is within 100 feet of the primary unit, does not exceed 900 square feet in total enclosed area, and shares the primary unit's sewage disposal system. A separate unit meeting those criteria cannot be subdivided or conveyed separately from the primary dwelling. Kent Island lots near the shoreline should read both chapters together.
Violations & Fines
The Planning Director enforces Chapter 18:1 (§ 18:1-208). Using property in a manner the chapter prohibits is a civil zoning violation with a $500 preset fine, each day is a separate violation, and an unpaid fine draws an additional fine equal to twice the original preset fine (§ 18:1-212). The County Commissioners, Planning Commission, or Planning Director can also bring an action to restrain or abate the violation (§ 18:1-210).
Frequently Asked Questions
Can I build a garage apartment in unincorporated Queen Anne's County?
Does the apartment count toward my lot's density?
What approval is needed if I am on septic?
Is a caretaker dwelling the same as an accessory apartment?
Sources & Official References
Other rules in Queen Anne's County
How Queen Anne's County compares: Easiest Cities to Build an ADU·Compare Queen Anne's County to another location·View the Maryland accessory structures overview
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