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Charles County, MD Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Baseline MPDU share (AC/RC/RR/RV)
12% of units
Baseline MPDU share (RL/RM/RH etc.)
15% of units
Density-bonus MPDU floor
12.5% minimum
Maximum MPDU share
75% at full bonus
Enforcement tool
Zoning Officer withholds permits
Governing section
§ 297-243

Summary

Charles County lets residential developments exceed base zoning density in exchange for Moderately Priced Dwelling Units (MPDUs) under Zoning Ordinance § 297-243. Any project using the density bonus authorized by § 297-75 must set aside a minimum of 12.5% MPDUs, and that share climbs on a defined percentage scale as the achieved density bonus grows, up to 75% MPDUs at the maximum bonus the County Commissioners will approve.

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

When the development at one location is in a residential zone in which a density bonus is provided and is covered by a plan of subdivision, is covered by a plan of development or a site plan or requires a building permit to be issued for construction, the required number of moderately priced dwelling units is a variable percentage that is not less than 12.5% of the total number of dwelling units at that location. With the exceptions contained in the MPDU Program regulations, the required number of MPDUs must vary according to the amount by which the approved development exceeds the base density for the zone in which it is located. Article V, § 297-75, permits bonus densities over the base density where MPDUs are provided. The amount of density bonus achieved in the approved development determines the percentage of total units that must be MPDUs, as follows:

Full Breakdown

Article XV of the Zoning Ordinance sets Charles County's Moderately Priced Dwelling Unit (MPDU) program. Section 297-242A sets the baseline: developments in the AC, RC, RR or RV Zones must make at least 12% of their units MPDUs, while projects in the RL, RM, RH, PRD, MX, CER, CRR, CMR, WC or AUC Zones must hit 15%. 0% if the County Commissioners approve a full project and density bonus up to 100%. Developers must submit a written MPDU agreement, approved by the Deputy County Administrator for Community Services and the County Attorney, before final subdivision or site plan approval on any project of 50 or more dwellings, per § 297-242D.

The staging plan must build MPDUs alongside or ahead of market-rate units under § 297-242E, and certified covenants recording the MPDU restrictions must be filed in the land records and presented to the Zoning Officer before a final plat or site plan is approved, or the submittal is treated as incomplete under § 297-242G.

Violations & Fines

Charles County enforces the MPDU staging requirement through permit leverage rather than fines. Under § 297-242F, if a developer fails to build the required MPDUs along with or before the market-rate units in its approved staging plan, the Zoning Officer may withhold any later zoning permits for that project until the MPDUs called for in the plan are actually built, stopping further construction phases cold.

Frequently Asked Questions

Does every Charles County development have to include MPDUs?
Only developments using the density bonus in a residential zone, or otherwise required under the base MPDU standard, must include Moderately Priced Dwelling Units. The base rule in § 297-242A sets 12% or 15% depending on the zone, and § 297-243 adds a higher, sliding floor starting at 12.5% for any project that takes advantage of the bonus density allowed by § 297-75.
What is the highest MPDU percentage the density bonus can require?
The scale in § 297-243A tops out at 75% of the total dwelling units if a developer seeks, and the County Commissioners approve, the full available density bonus, up to a 100% increase over base density. Smaller bonus increments carry proportionally smaller MPDU floors, starting at 12.5%.
What happens if MPDUs aren't built on schedule?
Under § 297-242F, the Zoning Officer can withhold any further zoning permits for the development until the moderately priced units required by the approved staging plan are actually constructed, effectively halting later phases until the developer catches up on its MPDU obligation.

Sources & Official References

Other rules in Charles County

All Charles County rules

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