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Queen Anne's County, MD Accessory Structures: ADU Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

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

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?
Yes, within limits. Section 18:1-48 allows one accessory guest residence or apartment per single-family lot inside the principal dwelling or within an approved residential accessory structure. It cannot exceed 1,500 square feet in total floor area, and the owner of the principal dwelling must reside on the property.
Does the apartment count toward my lot's density?
No. The code says the accessory apartment shall not be included when calculating the total allowable number of units. In the Critical Area Resource Conservation Area, § 14:1-39 uses a similar rule for one additional dwelling unit that is inside the primary unit or within 100 feet of it and no more than 900 square feet.
What approval is needed if I am on septic?
Where the lot is not on public sewer, the apartment must be approved by the Queen Anne's County Health Department under § 18:1-48(C). That approval is a condition of the accessory apartment use itself, separate from any zoning certificate or building permit the Planning Director requires.
Is a caretaker dwelling the same as an accessory apartment?
No. A caretaker dwelling under § 18:1-46 needs a parcel of five or more acres, must meet the setbacks for the principal structure, and can be no more than 50% of the area of the principal building. The accessory apartment in § 18:1-48 has a 1,500 square foot cap and applies per single-family lot.

Sources & Official References

Other rules in Queen Anne's County

All Queen Anne's County rules

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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