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

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

Key Facts

Qualifying land
Park, greenway or bikeway on county plan
Trigger
Owner dedicates that portion to the county
Single-family benefit
Reduced lot size/setbacks on remaining land
Multifamily benefit
Density counted as if land not dedicated
Resubdivision
Bonus passes pro rata to later parcels
Fine
Up to $500 per day (§ 225-23)

Summary

Wicomico County lets a developer count land dedicated to the county for a park, greenway or bikeway as if it were still part of the tract when calculating residential density under § 225-72. For a single-family subdivision, the Planning Commission may also shrink minimum lot size and setbacks on the remaining land to fit that bonus density.

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. Subject to the other provisions of this section, when the remainder of a tract is developed for residential purposes, the permitted density at which the remainder may be developed shall be calculated in accordance with the provisions of this section if: (1) Any portion of a tract lies within an area designated on any officially adopted county plan as part of a proposed public park, greenway, or bikeway; and (2) The owner of the tract, before the tract is developed, with the concurrence of the county, dedicates that portion of the tract so designated. B. If the proposed use of the remainder is a single-family detached residential subdivision, then the minimum lot size and minimum setbacks in such subdivision may be reduced, as determined appropriate by the Planning Commission, to permit the development at the density calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.

Full Breakdown

Section 225-72 applies when part of a tract lies within an area an officially adopted county plan designates for a proposed public park, greenway or bikeway, and the owner dedicates that portion to the county before developing the remainder. Rather than losing density for the dedicated acreage, § 225-72B lets the county calculate the permitted density for a single-family detached subdivision as though the dedicated portion were still part of the lot being developed; the Planning Commission may then reduce the minimum lot size and minimum setbacks on the remaining land, as it determines appropriate, so the site can actually accommodate that calculated density.

For a two-family or multifamily project, § 225-72C applies the same as-if-still-part-of-the-lot density calculation without the lot-size or setback reduction step. If the remaining, non-dedicated tract is later divided again for further subdivision or development, § 225-72D gives each resulting parcel its pro rata share of the density bonus that Subsections B and C created, so the benefit of the original dedication follows the land through later splits rather than being captured entirely by the first parcel developed. The bonus is tied specifically to park, greenway and bikeway dedications shown on an adopted county plan; a voluntary dedication without that plan designation does not qualify under this section.

Violations & Fines

Claiming the § 225-72 density bonus without an actual, plan-designated dedication to the county, or exceeding the bonus density calculated by the Planning Commission, is treated as a zoning violation under § 225-23A, subject to a fine of up to $500 per violation and per day the noncompliant development continues. The county can also require replatting or deny final subdivision approval until the dedication and density figures are corrected.

Frequently Asked Questions

How does dedicating land for a greenway affect my buildable density in Wicomico County?
Under § 225-72, if the dedicated portion lies within an area an adopted county plan designates for a park, greenway or bikeway, the county calculates your permitted residential density as though that dedicated land were still part of your tract, so you don't lose density units for giving up the land.
Can lot sizes be reduced to fit the bonus density?
Yes, for single-family detached subdivisions. Section 225-72B lets the Planning Commission reduce the minimum lot size and minimum setbacks on the remaining land, as it finds appropriate, so the site can physically accommodate the density calculated by including the dedicated acreage.
What if I subdivide the remaining land again later?
Section 225-72D gives each new parcel created from that later subdivision its pro rata share of the original density bonus, so the benefit of the earlier park, greenway or bikeway dedication carries forward rather than disappearing after the first development phase.
Does any land dedication qualify for the density bonus?
No. It has to be a portion of the tract that lies within an area shown on an officially adopted Wicomico County plan as a proposed public park, greenway or bikeway, and the owner must dedicate it to the county before the remainder is developed; other voluntary dedications don't trigger § 225-72.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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