Maryland Ordinances (2026)

The Maryland Building Performance Standards adopt the International Residential Code statewide, setting uniform minimum thresholds for accessory structure permits, setbacks-related construction, and exemptions across every Maryland jurisdiction.

Tiny homes built on a foundation in Maryland must comply with the Maryland Building Performance Standards, which adopt the IRC including provisions governing dwellings four hundred square feet or less.

Maryland Criminal Law Sections 10-604 through 10-606 prohibit aggravated and general animal cruelty statewide, including failure to provide nutritious food, proper drink, air, space, shelter, and protection that constitutes hoarding.

Maryland law requires every beekeeper to register their apiary with the Maryland Department of Agriculture and authorizes statewide inspection, treatment, and quarantine of colonies for disease control.

Maryland's Right to Farm Act protects established agricultural operations, including livestock and poultry, from local nuisance suits and certain restrictive ordinances when operations follow generally accepted agricultural practices.

Maryland Criminal Law Section 10-621 prohibits possession, sale, breeding, or transfer of specified dangerous wild animals statewide, including big cats, bears, nonhuman primates, wolves, alligators, and venomous reptiles.

Maryland Department of Natural Resources regulations and Natural Resources Section 10-416 prohibit feeding deer and black bears statewide to reduce disease spread, vehicle collisions, and dangerous human-wildlife conflicts.

Maryland Alcoholic Beverages and Cannabis Article Title 36 establishes statewide cannabis licensing through the Maryland Cannabis Administration, including 500-foot setbacks from schools and limits on local zoning power to ban licensed operations.

The Cannabis Reform Act, codified primarily in Alcoholic Beverages and Cannabis Article 1-101 et seq., allows adults 21+ to cultivate up to two cannabis plants per household and possess personal-use amounts statewide.

Maryland reserves exclusive authority over commercial UAS operations under Courts 14-301, requiring operators to follow FAA Part 107 certification, registration, and operational limits without conflicting local ordinances.

Maryland Courts and Judicial Proceedings Section 14-301 expressly preempts local drone regulation, reserving exclusive authority over unmanned aircraft systems to the state and federal government.

Maryland sets a statewide minimum wage under Labor and Employment Article 3-413 but allows charter counties like Montgomery and Howard to set higher local wages.

Maryland requires earned sick and safe leave statewide and is implementing the Family and Medical Leave Insurance program for paid family leave.

Maryland has no statewide predictive scheduling law but allows local jurisdictions to enact fair workweek rules; Montgomery County is studying such rules.

The Chesapeake and Atlantic Coastal Bays Critical Area Protection Program, codified at Natural Resources Article 8-1801 et seq., restricts development within 1,000 feet of tidal waters and tidal wetlands statewide.

Maryland Environment Article 4-101 through 4-116 requires erosion and sediment control plans approved by soil conservation districts before any earth disturbance of 5,000 square feet or more, with strict enforcement by MDE.

Maryland Environment Article 5-801 through 5-806 and COMAR 26.17.04 require all communities participating in the National Flood Insurance Program to adopt floodplain management ordinances meeting state and FEMA minimum standards.

The Maryland Stormwater Management Act of 2007, codified at Environment Article 4-201 through 4-215, mandates environmental site design and runoff treatment for new development statewide through MDE-approved local programs.

Maryland adopts the International Swimming Pool and Spa Code through the Maryland Building Performance Standards. All residential pools deeper than 24 inches must have a 48-inch barrier with self-closing, self-latching gates, applicable in every jurisdiction.

Maryland's adopted International Residential Code requires permits and engineered design for retaining walls over 4 feet tall or supporting surcharge loads. The Maryland Building Performance Standards apply uniformly statewide.

Maryland Public Safety Article Section 10-101 et seq. classifies most aerial and exploding fireworks as illegal for consumer use statewide. Only ground-based sparkling devices like sparklers, fountains, and snakes are legal without a permit, with stricter rules in some counties.

Maryland Department of the Environment regulates open burning under COMAR 26.11.07. Open burning is prohibited statewide between 10 a.m. and certain evening hours during active fire weather, with permits required for most agricultural, land-clearing, and brush burning activities.

Maryland regulates propane and liquefied petroleum gas storage statewide through the Office of the State Fire Marshal under COMAR 29.06.02, adopting NFPA 58 standards. Container size limits, setback distances, and installation rules apply uniformly to residential and commercial sites.

Maryland issues Wear and Carry Permits through the State Police and prohibits concealed carry in many sensitive locations across the state.

Maryland preempts most local firearms regulation but allows charter counties and Baltimore City to regulate the discharge of firearms within their jurisdiction.

Maryland generally prohibits the open carry of handguns in public without a Wear and Carry Permit, with very narrow exceptions for property and travel.

Maryland prohibits carrying or transporting a handgun in a vehicle without a Wear and Carry Permit, with narrow statutory exceptions for unloaded transport.

Maryland Health-General Section 21-330.1 and COMAR 10.15.03 authorize home-based cottage food businesses to sell non-potentially hazardous foods directly to consumers without a food service license, subject to labeling and sales caps.

Maryland Family Law Article 5-507 and COMAR 13A.15 require state licensure for any home providing care to unrelated children, with capacity limits, safety inspections, and training requirements administered by the State Department of Education.

The Maryland Trust Act under Public Safety Article 4-114 restricts state and local agencies from assisting federal civil immigration enforcement and bars ICE detainer holds.

Maryland law requires large food waste generators statewide to divert organics from landfills through reduction, donation, or composting when an organics recycling facility exists within thirty miles.

Maryland law universally prohibits homeowner associations and similar covenants from banning low-impact landscaping such as pollinator gardens, rain gardens, native plants, and xeriscaping on owner-occupied lots.

Rainwater harvesting is legal and encouraged throughout Maryland, with statewide standards set under the Maryland Plumbing Code and MDE stormwater guidance applying uniformly across all jurisdictions.

The Maryland Forest Conservation Act sets statewide minimum standards for forest retention and replanting whenever land development disturbs 40,000 square feet or more, applying to every county and municipality.

Maryland law universally requires a state-issued permit before anyone trims, prunes, plants, or removes a tree growing in whole or part within a public road right-of-way anywhere in the state.

Maryland law gives the Governor and Department of the Environment statewide authority to declare drought emergencies and impose mandatory water use restrictions that override local rules during declared events.

Aircraft noise in Maryland is preempted by federal law under the Federal Aviation Act and 14 CFR Part 36. Neither the state nor municipalities may regulate flight operations or in-flight noise emissions, though airport proprietors retain limited authority.

Amplified music in Maryland is governed by COMAR 26.02.03 decibel ceilings measured at the receiving property line. The state limits apply universally, with stricter local enforcement permitted but no relaxation of state caps.

Maryland's COMAR 26.02.03.03 exempts construction activity from state noise limits during daytime hours, generally 7 a.m. to 10 p.m. Outside those hours, construction must meet residential nighttime decibel limits unless a permit allows otherwise.

Maryland regulates industrial noise statewide under COMAR 26.02.03 with district-based decibel ceilings. Industrial operations may not exceed 75 dBA at the property line continuously, with stricter limits when adjoining residential zones.

Maryland sets statewide maximum noise levels by zoning district under COMAR 26.02.03. Daytime and nighttime decibel limits apply universally, though municipalities may adopt stricter rules. The state baseline covers all properties not explicitly exempted by regulation.

Maryland Transportation Article Title 25 Subtitle 2 establishes uniform procedures for identifying, removing, storing, and disposing of abandoned vehicles, allowing local enforcement under a state-prescribed notice and titling process.

Maryland law restricts homeowner associations from prohibiting EV charging stations on members' property and requires accommodation in condominiums and HOAs, while also incentivizing public charging deployment statewide.

Maryland's Real Property Article sets statewide minimum notice periods, court procedures, and tenant protections that govern every residential eviction, with local jurisdictions limited to adding tenant-favorable rules.

Maryland uses agricultural land preservation districts and county zoning to protect farmland, supplemented by state programs and the Right to Farm law.

Maryland Agriculture Article 5-403 protects established farms from nuisance lawsuits when operations follow generally accepted agricultural practices.

Maryland regulates insurance coverage statewide through the Maryland Insurance Administration. Standard homeowner policies typically exclude commercial short-term rental activity, requiring hosts to obtain commercial or endorsement coverage to comply with policy terms and protect against liability.

Maryland imposes a statewide 6% sales and use tax on short-term rental accommodations under 90 days. Hosts and platforms must collect and remit this tax to the Comptroller, regardless of local rental fees or registration requirements.

Maryland Election Law and Transportation Article restrict political sign placement on state highway rights-of-way. Signs may not be placed on state-maintained roads or medians, and the State Highway Administration removes violations statewide.

The Maryland Plastic Bag Reduction Act of 2024 prohibits retailers from providing thin plastic carryout bags at the point of sale statewide.

Maryland was the first state to ban expanded polystyrene foam food service products statewide, prohibiting their sale and use at food service businesses.

Maryland encourages but does not statewide ban plastic straws; many local jurisdictions require restaurants to provide straws and utensils only on request.

Maryland Real Property Section 2-119 voids any HOA, condominium, or deed restriction that prohibits or unreasonably restricts the installation of solar collector systems on residential property.

Maryland enforces the federal Do Not Call Registry plus state telemarketing restrictions under Commercial Law Article Section 14-3201. Door-to-door solicitation is regulated locally, but the state Buyer's Right to Cancel gives consumers three days to rescind home solicitation sales.

Maryland Public Safety Section 12-501 requires statewide adoption of the Maryland Building Performance Standards, including the International Swimming Pool and Spa Code barrier rules requiring four-foot fences around residential pools.

Maryland Department of Health regulations under COMAR 10.17.01 set uniform statewide safety, water quality, lifeguard, and operator requirements for public swimming pools, spas, and semi-public pools.

Maryland prohibits the sale of any tobacco or electronic smoking device to anyone under age 21 under Health-General Article 16.7A.

Maryland restricts flavored cigarettes federally and is considering broader flavored vape restrictions; some counties have enacted local flavor bans.

Maryland requires retailers selling electronic smoking devices to obtain a state Other Tobacco Products license and to follow strict youth-access protections.

The Maryland Recycling Act of 1988 requires every county and Baltimore City to recycle a minimum percentage of solid waste. Larger jurisdictions must recycle 35%, smaller counties 20%, with mandatory office paper, yard waste, and refillable container provisions statewide.

Maryland protects exceptional trees through the Roadside Tree Law and the Big Tree Program administered by DNR Forest Service. Champion trees and roadside specimens cannot be pruned or removed without a state permit, applying uniformly across all jurisdictions.

The Maryland Forest Conservation Act requires permits and reforestation plans for clearing forested areas of 40,000 square feet or more during development. Local jurisdictions implement the law but cannot weaken state minimum thresholds, retention requirements, or replacement ratios.

Maryland Forest Conservation Act sets statewide minimum tree replacement ratios for development projects clearing forest above retention thresholds. Replacement ranges from 1:4 to 2:1, with fee-in-lieu payments to a state forest fund where on-site planting is infeasible.