Last researched: September 18, 2026. Berlin is actively developing one of Maryland’s most detailed municipal ADU ordinances. On September 14, the Mayor & Council and Planning Commission held a joint work session on draft Ordinance 2026-07. The Town also published a detailed public summary of proposed §108-719.
Important status: the September 14 materials describe Ordinance 2026-07 as a draft/proposed ordinance. This guide separates Berlin’s proposal from enacted law. Do not submit plans assuming the draft standards are final until the Town confirms adoption and effective text.
Berlin’s proposed ADU rules at a glance
| Question | September 2026 draft proposal |
|---|---|
| Eligible property | Existing single-family detached home on an R-1 or R-2 lot under the draft. |
| Approval | Matter-of-right pathway if draft eligibility and development standards are met. |
| Draft standard size | 800 sq ft of livable space or 35% of primary-home livable space, whichever is less. |
| Variance ceiling | Draft hardship route could allow up to 1,200 sq ft or 75% of primary home, whichever is less, subject to strict findings. |
| Bedrooms | Up to two under standard draft pathway. |
| Setbacks | Draft uses standard accessory-structure setbacks; Town summary identifies 6-ft side/rear setbacks. |
| Parking | Town summary says one dedicated space is encouraged, not required, until required parking-study conditions are satisfied. |
| Owner occupancy | Draft requires owner to live in primary home or ADU as permanent residence. |
| Historic District | Additional Historic Commission review with mandatory compatibility findings under the draft. |
| Old unpermitted ADUs | Draft creates an amnesty/legalization pathway for qualifying pre-Oct. 1, 2025 units, with an April 1, 2027 application deadline. |
1. Berlin is not Worcester County zoning
Berlin has its own Planning & Zoning Department, Chapter 108 zoning code, Planning Commission, Board of Appeals and permit system. Do not automatically apply Worcester County’s accessory-apartment rules to an in-Town property. For property outside Berlin, use our Worcester County ADU guide.
2. Berlin began its formal ADU work in February 2026
The Town held a joint Mayor & Council / Planning Commission work session on February 9 for an “Initial Discussion of ADU requirements.” On September 14, both bodies met again and the Town posted an Ordinance 2026-07 ADU Summary. That chronology matters: Berlin’s rules are being actively developed rather than simply inherited from the County.
3. The draft 35% / 800-sq-ft standard deserves careful legal verification
The Town’s September summary says the standard matter-of-right ADU would be limited to 800 net square feet of livable space or 35% of the primary home’s livable space, whichever is less. For example, the Town itself illustrates a 1,800-sq-ft primary home producing a 630-sq-ft ADU under the draft.
The same draft creates a hardship-variance route with an outside ceiling of 1,200 sq ft or 75% of the primary home, whichever is less, subject to demanding findings.
Because Maryland HB 1466 and state guidance establish statewide ADU parameters, homeowners should not assume the draft’s own characterization of how the 35% matter-of-right cap interacts with state law is settled. Confirm the final enacted ordinance and any state review before designing around either number. Our 75% ADU Size Calculator is useful for comparison, not a Berlin permit determination.
4. What “matter of right” would mean under Berlin’s proposal
The draft summary describes a pathway where a qualifying R-1/R-2 property with an existing detached single-family home could receive an ADU permit once the eligibility, development and building-code standards are met. The proposed sequence runs through Planning Department applications for zoning/building approval and, where required, a certificate of occupancy.
This is different from assuming every backyard automatically qualifies. Water, sewer, fire, floodplain and other constraints can still block the proposed matter-of-right pathway.
5. Detached ADU siting: rear yard, setbacks and accessory structures
The September summary says the draft would place the ADU in the rear yard and apply standard accessory-structure setbacks, identified by the Town as 6 feet at the side and rear. It also proposes limits on the number of accessory structures on a single-family residential lot.
A pre-existing accessory structure built before October 1, 2025 receives special treatment in the draft: conversion of a second pre-existing structure could qualify matter-of-right if its footprint and height are not enlarged. Verify the final language before relying on that pathway.
6. Historic District ADUs would face a much stricter design review
Outside the Historic District, the draft treats matching materials, roof pitch, windows and neighbor privacy largely as design cues that should be followed where possible. Inside the Historic District, the September summary makes those considerations part of an affirmative Historic Commission review and says the Commission must deny where required compatibility findings fail.
Berlin already operates a Historic District Commission and publishes an application. If your property is historic, involve that process before paying for finished exterior drawings.
7. Parking: the draft does not currently make an extra space mandatory
Berlin’s public summary says the Town cannot impose an ADU parking condition until the required parking-study process is completed. Until then, the draft encourages—but does not require—one dedicated off-street parking space per ADU.
That is exactly the kind of detail that can save a homeowner from unnecessarily redesigning a driveway. Verify the final ordinance and whether a parking study has since changed the rule when you apply.
8. Owner occupancy is central to Berlin’s proposed rental framework
The draft requires the owner to occupy either the primary home or ADU as a permanent residence. The summary defines permanent residence around 180+ days per year and the Homestead Tax Credit principal residence concept.
If the owner does not satisfy that requirement, the draft sharply limits occupancy/rental to immediate family unless a time-limited Board of Appeals special exception is granted for good cause. Do not build a two-unit absentee-landlord model around this draft without Town confirmation.
9. Short-term rentals are a separate question
The September summary says short-term rental of an ADU remains separately regulated under Berlin’s short-term-rental code. ADU approval therefore does not automatically equal Airbnb approval, and the proposed owner-occupancy restrictions still matter.
10. Berlin’s proposed amnesty program is unusually important
One of the most homeowner-useful parts of the draft is a legalization pathway for qualifying ADUs physically built and used as dwellings before October 1, 2025. The proposal would require an amnesty application by April 1, 2027 and evidence establishing the construction/use date.
The Town summary says applicants would need at least two forms of evidence, including one independently verifiable source, and would need to document electrical/plumbing safety or complete a safety inspection and corrections. Because this is draft language, owners of existing units should not wait for our article—ask Berlin now how the final legalization program will work.
11. Utilities: Berlin’s draft tries to answer a real cost question
The proposal says a separate water/sewer connection would not be needed where the existing connection can support the added fixture load described in the ordinance. A separate EDU could be required where topography requires separate lines, capacity needs upgrades or the ADU exceeds specified plumbing-fixture conditions. The summary also proposes a separate meter or submeter.
These are proposed rules, but they show why utility feasibility should be checked before final architecture.
12. Berlin homeowner checklist
- Confirm the parcel is inside Berlin.
- Confirm R-1/R-2 zoning or ask how the final ordinance treats your district.
- Ask whether Ordinance 2026-07 has been enacted and obtain final text.
- Confirm the final size rule and how livable space is measured.
- For detached units, verify rear-yard placement, 6-ft setbacks and accessory-structure count.
- Check Historic District status before exterior design.
- Check floodplain, water, sewer and fire constraints.
- Confirm whether parking is required when you apply.
- Understand owner-occupancy/rental restrictions before financing the project.
- If an old ADU exists, ask immediately about the proposed amnesty pathway.
- Map zoning, building and certificate-of-occupancy approvals.
- Only then buy plans or order a prefab unit.
Berlin MD ADU FAQs
Has Berlin adopted its 2026 ADU ordinance?
The materials reviewed through September 18 identify Ordinance 2026-07 and §108-719 as a draft/proposed ordinance discussed at the September 14 joint work session. Confirm final enactment with the Town before relying on the proposal.
How big would a Berlin ADU be under the draft?
The standard draft pathway uses 800 sq ft of livable space or 35% of the primary home’s livable space, whichever is less. A separate hardship-variance route has a higher ceiling subject to strict findings. Verify the final ordinance and state-law alignment before design.
Can I convert an existing backyard building?
The draft gives special treatment to qualifying pre-existing accessory structures and includes a conversion pathway. The structure still must meet the applicable final zoning, safety and building requirements.
How close could a detached ADU be to the property line?
The Town’s September summary identifies standard accessory-structure setbacks of 6 feet at the side and rear under the draft. Confirm the final rule for your parcel.
Do I need another parking space?
The September summary says a dedicated space is encouraged but not required until the Town completes the parking-study process necessary to impose an additional ADU parking condition. Verify the current status when applying.
Do I have to live on the property?
The draft requires the owner to occupy either the primary dwelling or ADU as a permanent residence, subject to a proposed limited special-exception mechanism.
Can I Airbnb the ADU?
Do not assume so. Berlin’s draft says short-term rentals remain separately regulated and the proposed owner-occupancy/occupancy restrictions still apply.
What if I already have an unpermitted ADU?
The draft proposes an amnesty/legalization program for qualifying units built and used before October 1, 2025, with an application deadline of April 1, 2027. Because the ordinance is still described as draft in the materials reviewed, contact Berlin for the final process before acting.
Will I need a separate water and sewer connection?
Not necessarily under the proposal. The draft allows use of an existing connection in specified circumstances but can require additional capacity/EDU treatment depending on the project. Confirm utility capacity with Berlin.
Primary sources checked
- Town of Berlin — Draft Ordinance 2026-07 ADU Summary
- Town of Berlin — Mayor & Council Meetings
- Town of Berlin — Planning Commission / Board & Commission Records
- Town of Berlin — Planning, Zoning & Permits
Maryland ADU Guide is an independent research publication, not the Town of Berlin, Worcester County, a law firm, architect or contractor. Ordinance 2026-07 is described as draft/proposed in the materials reviewed. Confirm final enacted requirements before spending money on design or construction.
What to do next
Start by finding the office that reviews your property. A mailing city or a county guide does not establish your parcel’s authority.
- Find Who Reviews My Property.
- Obtain your parcel identifier, survey, floor plans and utility records.
- Ask the reviewing office which current rules, supporting documents and approvals apply.
- Continue to your planning workspace.
Enable JavaScript to prepare a downloadable next-step brief. Planning guidance is not permit approval.