Havre de Grace ADU Rules 2026: Current Law & Ordinance 1232

Can you build an ADU in Havre de Grace today? Potentially, yes. The City’s currently published § 205-9H allows an accessory dwelling unit as a Board of Appeals conditional use in the R, R-1, R-2, RO and RB zoning districts. Today’s requirements include owner occupancy, at least one additional off-street parking space, current attached or detached size caps, Historic Preservation Commission review in the designated Historic District, and recordation of a confirmatory deed before the City issues the use-and-occupancy permit.

Do not use the surrounding Harford County ADU rules for a property inside the incorporated City. Havre de Grace administers its own zoning and permit process through the City Department of Planning.

Current approval pathBoard of Appeals conditional-use approval plus applicable City permits.
Current owner occupancyRequired: the lot owner must occupy the main dwelling or ADU as a principal residence.
Pending changeOrdinance 1232 proposes objective standards, a 75% size definition and a 90-day decision window.

Current Havre de Grace ADU rules

The following rules come from the City’s currently codified § 205-9H. They remain the published local framework while the September 2026 ordinance package is pending.

Current Havre de Grace accessory dwelling unit requirements
QuestionCurrent published rule
Where allowed?One ADU may be considered as a conditional use on a single lot in the R, R-1, R-2, RO and RB districts.
Who approves it?The Havre de Grace Board of Appeals.
Owner occupancyThe lot owner must occupy one of the two dwellings as a principal residence.
Attached sizeUp to 1,200 square feet.
Detached sizeThe smallest of 50% of the primary dwelling’s square footage, 10% of total lot area, or 1,000 square feet of gross floor area.
ParkingAt least one additional off-street parking space beyond the parking required for the main dwelling.
AddressThe current code says no separate address is assigned to the ADU.
EntranceThe ADU entrance must be on the side or rear unless both units share the existing main entrance.
Separate saleThe ADU cannot be subdivided, conveyed fee simple, or converted into a separately owned condominium.
Historic DistrictHistoric Preservation Commission review is required before the Board of Appeals meeting.
Before occupancyA confirmatory deed describing the conditions and limitations must be recorded in Harford County Land Records before the use-and-occupancy permit is issued.

Read current City Code § 205-9H on eCode360. The online code states that it includes legislation through June 1, 2026, so the September bills are not part of the codified text.

Current rental wording needs careful interpretation

The current § 205-9H says ADUs can only be used as short-term rentals as defined and regulated under Chapter 147. That wording creates an obvious practical question about long-term rental treatment. The City’s own memorandum for proposed Ordinance 1230 says the current code lacks explicit language distinguishing long-term ADU rentals from short-term rentals.

Until the pending legislation is resolved, ask the Department of Planning to state in writing whether the proposed occupancy will be owner use, a rental of at least 30 consecutive days, or a short-term rental. A short-term rental also requires compliance with the City’s existing district, license, cap, inspection and operating rules; ADU zoning approval alone is not an STR license.

What Ordinances 1229–1233 would change

Havre de Grace introduced a coordinated ADU package on September 8, 2026. The City scheduled all five ADU-related ordinances for the September 21 public hearing:

Pending Havre de Grace ADU ordinance package
OrdinanceCity chapterSubject
1229Chapter 122Off-street parking related to ADUs
1230Chapter 147Long-term and short-term rental treatment for ADUs
1231Chapter 196Water and sewer rates related to ADUs
1232Chapter 205Zoning authorization, size, setbacks, parking limits, utilities, fees and application procedure
1233Chapter 198Water and sewer provisions

This guide analyzes the published text of Ordinances 1230 and 1232. For the other companion measures, we report only the subjects identified in the City’s hearing notice until their operative provisions can be compared with the complete package and any amendments.

Proposed Ordinance 1232: the main zoning changes

If adopted in its current form, Ordinance 1232 would replace § 205-9H and materially change Havre de Grace’s ADU framework. These are proposals, not current permit rules:

  • Where allowed: one ADU on a qualifying property in every zoning district where a single-family detached dwelling is permitted as a principal use or lawfully exists as the primary dwelling.
  • ADU forms: within or added to the main dwelling; within or added to an accessory structure; or a new detached structure.
  • Size: less than the primary dwelling’s total floor area and no more than 75% of it.
  • Measurement: proposed “total floor area” is measured from exterior wall faces and includes enclosed habitable, storage and mechanical areas. Unenclosed porches, decks, patios, exterior stairs, carports and unconverted garage space are excluded. The same method must be used for both dwellings.
  • Existing conversions: an ADU wholly inside an existing primary dwelling or accessory structure would use the existing building envelope for building-size and form compliance.
  • Setbacks: qualifying conversions within an existing accessory structure would not receive a new or increased side or rear setback. Other ADUs would use no more restrictive side and rear setbacks than an accessory structure of the same height.
  • Parking: no new ADU space within 0.75 mile of a defined mass-transit facility. Outside that radius, no more than one additional space could be required, including tandem parking—but an additional requirement could not be imposed without the required parking study, an ordinance and an objective waiver process. Companion Ordinance 1229 must be read with this section before determining the package’s final parking result.
  • Utilities: written capacity confirmation would be required. A separate main connection could not be required when the existing connection has sufficient capacity, except in the circumstances stated in the bill. A shared meter could be elected.
  • Impact fees: no development impact fee or building excise tax for an ADU under 750 square feet; proportionate treatment for larger units.
  • Occupancy: owner, tenant or another lawful occupant; rentals would remain subject to applicable rental law.
  • Review timing: a 15-day completeness determination and final Board of Appeals action within 90 days after receipt of a complete application by the zoning decision-maker.
  • Historic District: Historic Preservation Commission review would remain where otherwise required, but recommendations would need to rest on objective published standards.
  • Recorded instrument: before the use-and-occupancy permit, the owner would record a City-approved instrument confirming common ownership and applicable conditions.

Important procedural distinction: the proposal retains the Board of Appeals as the decision-making body, but directs it to approve a complete application that meets objective standards. It is therefore not accurate to describe the draft as eliminating Board review.

Read proposed Ordinance 1232.

Proposed Ordinance 1230: long-term rentals and short-term rentals

Ordinance 1230 would define a long-term ADU rental as 30 or more consecutive days and make it subject to the City’s ordinary rental registration, inspection, occupancy and property-maintenance requirements. It would exclude long-term ADU rentals from the short-term-rental district and license cap solely because the premises is an ADU.

For stays under 30 consecutive days, the proposal would require a separate STR license and apply existing short-term-rental district boundaries, license caps, waiting-list rules, host compliance, safety requirements, responsible-party rules and bedroom-based occupancy limits. Zoning approval under proposed § 205-9H would not substitute for an STR license.

Read proposed Ordinance 1230.

Havre de Grace ADU permit path

  1. Confirm the property is inside City limits. A Havre de Grace mailing address is not enough to establish municipal zoning authority. Start with the Maryland ADU Jurisdiction Finder.
  2. Identify the City zoning district. Ask Planning whether the property is currently in R, R-1, R-2, RO or RB and whether any nonconforming-use issue applies.
  3. Request the controlling rule in writing. Ask whether today’s § 205-9H or a subsequently enacted version governs the application.
  4. Prepare the Board of Appeals conditional-use submission. Under current law, the Board decides the ADU conditional use.
  5. Coordinate other reviews. Building, zoning-use, water/sewer, floodplain, Critical Area, stormwater, fire and Historic District requirements may apply depending on the property and project.
  6. Obtain permits and inspections. The City Department of Planning provides the online permit portal and directs applicants through applicable submissions.
  7. Record the required instrument. Current law requires a confirmatory deed before the use-and-occupancy permit. The proposed replacement also retains a land-records instrument.
  8. Complete rental licensing separately. Use the City’s long-term registration or STR license path if the approved use will be rented.

City of Havre de Grace permit portal and guidance.

Questions to ask before paying for plans

  • Which zoning district and authority control this parcel?
  • Has the September 2026 ADU package been adopted, amended, rejected or carried over?
  • Which size formula and floor-area definition apply on the application date?
  • Does the property fall within the proposed 0.75-mile transit radius, and what parking rule is actually enforceable?
  • Will the existing water and sewer connection support both units?
  • Is Historic Preservation Commission, floodplain or Chesapeake Bay Critical Area review required?
  • Which Board of Appeals, zoning-use, building, trade, rental and occupancy approvals are required?
  • What instrument must be recorded in Harford County Land Records?

Havre de Grace ADU FAQ

Does Harford County zoning control an ADU inside Havre de Grace?

No. Havre de Grace has its own zoning code, Planning Department and Board of Appeals. County land records and some regional services may still be involved, but the City’s zoning rules control property inside the incorporated boundary.

Is owner occupancy currently required?

Yes. Current § 205-9H requires the lot owner to occupy the primary dwelling or ADU as a principal residence. Proposed Ordinance 1232 would replace that language with occupancy by an owner, tenant or other lawful occupant, but that change is not yet law.

How large can a Havre de Grace ADU be today?

The current code caps an attached ADU at 1,200 square feet. A detached ADU is limited to the smallest of 50% of the primary dwelling’s square footage, 10% of lot area, or 1,000 square feet. Ordinance 1232 proposes a different 75%-of-total-floor-area rule.

Does the proposed 75% rule apply now?

No. It appears in pending Ordinance 1232. Continue using the currently effective code until the City verifies adoption and an effective date.

Can an ADU be used as an Airbnb?

ADU zoning approval does not itself authorize short-term rental use. Current § 205-9H routes ADU short-term rentals through Chapter 147. The City also requires an STR license and applies a boundary map and other operating requirements. Proposed Ordinance 1230 would clarify the ADU-specific long-term and short-term rental paths.

When is the public hearing?

The City scheduled the public hearing for Ordinances 1229–1233 for September 21, 2026 at 7:00 p.m. in City Council Chambers, 711 Pennington Avenue. Check the official hearing page for amendments, continuances or updated meeting materials.

Official sources

Official sources used for the Havre de Grace ADU guide
SourceWhat it establishes
Current City Code § 205-9HExisting districts, owner occupancy, size, parking, entrance, Historic District and recordation rules.
Official September 21 hearing noticeHearing date, location and the five-ordinance ADU package.
Proposed Ordinance 1232Proposed zoning, size, setback, parking, utility, fee and approval standards.
Proposed Ordinance 1230Proposed long-term and short-term ADU rental framework.
City permit guidanceCity Department of Planning permit intake and online portal.
Long-term rental registrationCurrent registration pathway and City contact.
Short-term rental licenseCurrent STR application pathway and required documentation.
Maryland Planning HB 1466 FAQStatewide requirements that local ADU legislation must address.

Research changelog

  • September 12, 2026: Current § 205-9H, City permit guidance, rental pages, Ordinances 1230 and 1232, and the September 21 hearing notice reviewed. Page published with the ordinance package labeled pending.

This independent guide is informational and is not legal, zoning, architectural, engineering or permitting advice. Confirm the controlling ordinance and property-specific requirements with the City of Havre de Grace before paying for plans, construction or a rental program.

YOUR NEXT PRACTICAL STEP

Verify the parcel before using any size or parking number

Start with the jurisdiction finder, then ask the City Planning Department which version of § 205-9H controls the application date.

Find who reviews my property →
Return to the Maryland ADU Rules Tracker →

YOUR NEXT PRACTICAL STEP

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.

  1. Find Who Reviews My Property.
  2. Obtain your parcel identifier, survey, floor plans and utility records.
  3. Ask the reviewing office which current rules, supporting documents and approvals apply.
  4. Continue to your planning workspace.

Enable JavaScript to prepare a downloadable next-step brief. Planning guidance is not permit approval.