Can you build an ADU in Capitol Heights? The Town considered a detailed ADU proposal in February 2026, but homeowners should not treat that draft as current law. As of September 16, 2026, Maryland ADU Guide could not verify the ADU proposal as voted-upon and signed legislation on the Town’s official legislation archive.
Status · Last verified September 16, 2026
🟡 ADU proposal found — adoption not verified
The Town’s February 23 agenda listed “Ordinance 2026-02 Accessory Dwelling Units (ADUs).” The Town-hosted ADU draft still contains blank introduction, reading and adoption fields. The Town’s legislation archive says it contains voted-upon and signed legislation, but the ADU proposal is not listed among the adopted 2026 ordinances currently shown there.
What applies now?
Do not use the draft’s dimensional, parking or owner-occupancy provisions as confirmed current requirements. Before paying for plans, ask the Town of Capitol Heights and the applicable Prince George’s County permitting/zoning authority to identify the rules currently controlling your parcel.
What did the 2026 Capitol Heights ADU draft propose?
The Town-hosted draft was written to implement Maryland’s 2025 ADU legislation and coordinate with Prince George’s County zoning. It contemplated internal, attached and detached ADUs on qualifying single-family detached properties.
The proposal is useful evidence of the Town’s policy work, but it is not the same thing as proof of enactment.
Proposed size limit
The draft proposed a local maximum of 800 square feet or 40% of the principal dwelling’s floor area, whichever is less. Homeowners should not assume this number currently controls a project unless the Town confirms that an enacted rule imposes it.
Maryland’s statewide ADU framework uses a 75% size threshold in its ADU definition. The difference between that state framework and the Town’s draft is worth watching, but this guide does not characterize the draft provision as legally valid or invalid without an authoritative interpretation.
Proposed parking rule
The draft contemplated the possibility of one additional off-street parking space for a detached ADU, along with potential waiver circumstances. Maryland law separately limits how local governments may impose additional ADU parking requirements. Ask which enacted parking rule applies before redesigning a driveway or adding paving.
Proposed owner-occupancy rule
The draft also contemplated owner occupancy of either the principal dwelling or the ADU unless applicable county law provided otherwise. Again, this is a draft provision, not a requirement we have verified as enacted.
Why the ordinance number is confusing
The February Town agenda and ADU document used the number 2026-02 for the ADU proposal. Later Town materials also used 2026-02 for other legislation, including an emergency residential-parking ordinance. For that reason, homeowners should identify the ADU document by its subject and date rather than assuming every reference to “Ordinance 2026-02” means the ADU proposal.
Capitol Heights vs. Prince George’s County
Capitol Heights is an incorporated municipality within Prince George’s County, and the draft itself anticipated coordination with county zoning requirements. A Capitol Heights postal address also does not, by itself, prove that a parcel is inside Town limits. Start with the Maryland ADU Jurisdiction Finder, then confirm the responsible zoning and permitting authorities.
What Capitol Heights homeowners should do now
- Confirm the parcel is inside the incorporated Town.
- Ask the Town whether a final ADU ordinance has now been adopted. Request the ordinance number, signed copy and effective date.
- Ask which Prince George’s County zoning provisions also apply.
- Do not design around the draft 800-square-foot/40% cap until its current legal status is confirmed.
- Confirm parking, owner-occupancy, setbacks and permitted ADU configuration in writing where possible.
- Confirm building, electrical, plumbing, mechanical and utility approvals separately.
Primary sources
- Town of Capitol Heights — 2026 ADU draft
- Town of Capitol Heights — February 23, 2026 Public Session agenda
- Town of Capitol Heights — official legislation archive
- Prince George’s County ADU guide
- Maryland County & City ADU Rules Tracker
Maryland ADU Guide is an independent research publication. This page is informational and is not legal, zoning, architectural, engineering or permitting advice. Local legislation can change quickly during Maryland’s 2026 implementation period.
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.