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

Some Restrictions

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

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

Key Facts

Units per lot: One accessory apartment maximum
Approval: Board of Appeals special exception
Max size: 50% of principal dwelling living area
Detached front setback: 60 ft, or 85 ft from road center
Detached rear setback: 6 ft behind principal dwelling
Max accessory footprint: 25% of total site area
Fine: Up to $500 per day (§ 225-23)

ADU Eligibility Quick-Check

An Accessory Dwelling Unit (ADU) is a smaller, independent living unit on the same lot as a single-family home: converted garages, detached cottages, basement or attic conversions, and attached additions all qualify. Most states have streamlined ADU permitting since 2020, but local rules still control size, height, and setback.

Is your lot zoned single-family or multi-family residential?
Does your lot have at least 1,200 sq ft of buildable space?
Is your existing home owner-occupied (in most states this is not required, but some require it for ADU permits)?
Will the ADU stay under your state's size cap (commonly 850-1,200 sq ft for detached)?
Can you provide one off-street parking space (waived in many states within 0.5 mi of transit)?

If you answered 'yes' to most of these, you likely qualify in Maryland under recent ADU streamlining laws. The Wicomico County, MD rules below cover local size, height, and setback requirements.

Summary

In unincorporated Wicomico County, an accessory apartment needs Board of Appeals special exception approval under Zoning Code § 225-60 and is capped at one per lot. The unit cannot exceed 50% of the principal dwelling's living area, and it is barred entirely on lots with a Type II or Type III home-based business.

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

A. An accessory apartment may be permitted, provided that there shall be no more than one accessory apartment permitted per lot and provided such accessory apartment shall comply with the following standards. B. Applicability. An accessory apartment may be permitted as a special exception: (1) On the same lot as a detached single-family dwelling unit or two-family dwelling. (2) An accessory apartment is prohibited on a site with a Type II and III home-based business. ... (8) Maximum size. The size of an accessory apartment may be no more than 50% of the living area of the detached principal dwelling. ... (1) Setback requirements. An accessory apartment must be set back at least: (a) Sixty feet from the front lot line, or 85 feet from center of road whichever is greater; or (b) Behind the single-family dwelling or two-family dwelling: six feet.

View official code

Full Breakdown

Wicomico County Code § 225-60 lets a property owner add one accessory apartment on a lot already holding a detached single-family dwelling or a two-family dwelling, but only after the Board of Appeals grants a special exception; the county's design standards require the addition to visually match the principal dwelling in exterior finish material, roof pitch, trim, window proportion and eave projection, and cap its size at 50% of the principal dwelling's living area. An attached unit may only be created by converting existing living area, attic, basement or attached garage, by adding floor area, or by building a new principal dwelling with an internal apartment; only one street-facing entrance is normally allowed unless the dwelling already had additional entrances before the conversion.

A detached accessory apartment carries its own setbacks: at least 60 feet from the front lot line or 85 feet from the center of the road, whichever is greater, and only six feet behind the principal dwelling, with side and rear setbacks matching whatever the underlying zoning district requires. Its footprint cannot exceed the footprint of the principal dwelling, and the combined footprint of all detached accessory structures on the lot is capped at 25% of the total site area. Parking for the apartment is governed separately under Part 10 of the Zoning Code.

The Department of Planning, Zoning and Community Development administers the special exception application, and the Board of Appeals can attach conditions to its approval; violating an approved condition is treated as a chapter violation in its own right.

Violations & Fines

Building or occupying an accessory apartment without the required special exception, or exceeding its size or setback limits, is a civil zoning violation under § 225-23: a fine of up to $500 per violation, with each day of continued violation counted separately. Planning Director-authorized officers issue citations, and the Board of Appeals may revoke a special exception for violating its conditions after notice and hearing.

Frequently Asked Questions

Can I add an accessory apartment on my lot in unincorporated Wicomico County?

Yes, but only as a special exception approved by the Board of Appeals under § 225-60, and only on a lot with an existing detached single-family or two-family dwelling. The county caps the apartment at one per lot and at 50% of the principal dwelling's living area, and it is prohibited entirely where the property already hosts a Type II or Type III home-based business.

How far back must a detached accessory apartment sit from the road?

At least 60 feet from the front lot line or 85 feet from the center of the road, whichever distance is greater, per § 225-60E(1)(a). It must also sit no closer than six feet behind the principal dwelling, and side and rear setbacks follow whatever the underlying zoning district requires for the principal structure.

Can I convert my garage into an accessory apartment?

Yes. Section 225-60D(1)(a) lists converting existing living area, attic, basement or attached garage as one of three approved methods for creating an attached accessory apartment, alongside adding floor area or building a new principal dwelling with an internal unit.

What happens if I build an accessory apartment without approval?

It becomes a civil zoning violation under § 225-23, punishable by a fine of up to $500, with every day the violation continues counted as a separate offense. The Planning Director's enforcement officers can issue a citation, and the county can pursue other remedies including revoking any related permit.

Sources & Official References

[1]Code of Wicomico County via eCode360

Other rules in Wicomico County

Animal Ordinances: Dog Leash LawsSome Restrictions Animal Ordinances: Chickens & LivestockSome Restrictions Shed & Carport RulesSome Restrictions Parking Rules: RV & Boat ParkingSome Restrictions ADU Owner OccupancySignificant Restrictions Garage ConversionsSome Restrictions Parking Rules: Driveway RulesSome Restrictions Parking Rules: Commercial & Oversized VehiclesSome Restrictions Animal Ordinances: Veterinary Clinic ZoningHeavy Restrictions

All Wicomico County rules

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

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