1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2) “Qualified project” means a residential project that:

      1. (i) consists of new construction or substantial renovation;
      2. (ii) is on property that is located within three-quarters of a mile of a rail station located in the State;

      3. (iii) except as provided in item (iv) of this paragraph:

         1. 1. contains at least 15% of units that are affordable dwelling units; and
         2. 2. is deed-restricted to include 15% of units that are affordable dwelling units for a period of at least 40 years; and

      4. (iv) in a county or municipality that, on or before December 31, 2024, has requirements equal to or exceeding the requirements under item (iii) of this paragraph:

         1. 1. contains at least 20% of units that are affordable dwelling units; and
         2. 2. is deed-restricted to include 20% of units that are affordable dwelling units for a period of at least 40 years.

   3. (3) “Rail station” means a present or planned:

      1. (i) MARC station along the Penn, Camden, or Brunswick lines;
      2. (ii) Baltimore Metro SubwayLink station;
      3. (iii) Baltimore Light RailLink station;
      4. (iv) Metrorail system station in the State; or
      5. (v) any other passenger rail station.

2. (b) This section does not apply to:

   1. (1) a property located within three-fourths of a mile of a rail station in the State if:

      1. (i) the rail station is located on the campus of an institution of higher education as defined in § 10-101 of the Education Article; or
      2. (ii) only a portion of the property is located within the three-fourths of a mile of the rail station; or

   2. (2) an area zoned for single-family residential use:

      1. (i) on January 1, 2024; and
      2. (ii) during any process to increase allowable density under subsection (c) of this section.

3. (c)

   1. (1) In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone.
   2. (2) In an area zoned for single-family residential use, a qualified project may include middle housing units.

   3. (3) In an area zoned for multifamily residential use, a qualified project:

      1. (i) shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and
      2. (ii) may consist of mixed-use.
   4. (4) Subject to § 7-509 of this subtitle, in an area zoned for nonresidential use, a qualified project may consist of mixed-use, with density limits that do not exceed the highest allowable density in the local jurisdiction's multifamily residential zones.
   5. (5) In an area zoned for mixed-use, a qualified project may include 30% more housing units than are allowed in that zone for uses that are not part of a qualified project.
   6. (6) If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7-502 or § 7-504 of this subtitle.

Added by Acts 2024, c. 122, § 1, eff. Jan. 1, 2025.