Wicomico County ADU Rules 2026: Bill 2026-08, Size, Parking & October 19 Effective Date

Wicomico County has enacted a new accessory dwelling unit law, but homeowners are in a transition period until October 19, 2026. Legislative Bill 2026-08 replaces the older accessory-apartment framework with a broader ADU definition, allows one ADU with a single-family detached primary dwelling, removes the old owner-occupancy language, and rewrites parking and setback provisions. The complication is that the enrolled bill still uses a 50% size cap and one parking space per bedroom, creating unresolved questions when read alongside Maryland’s HB 1466 guidance.

The safest way to use this guide is to separate what applies today from what becomes effective October 19, 2026. Also confirm whether the property is inside the City of Salisbury, because Salisbury has its own zoning code and should not be treated as if County zoning automatically controls every Wicomico County address. If you are unsure, start with the Maryland ADU Jurisdiction Finder.

Last verified: September 13, 2026. The County’s legislative index lists adoption on August 19, while the enrolled bill’s certification records Council approval on August 18 and County Executive approval on August 19. Both official sources point to an October 19, 2026 effective date. This page is informational and not legal, zoning, architectural, engineering or permitting advice.

Wicomico County ADU status at a glance

What applies before October 19, 2026?

Wicomico’s older zoning code uses the term accessory apartment. The existing definition ties the apartment to an owner-occupied single-family residence or accessory building on the same lot and historically required at least 20,000 square feet of lot area. It also limited the apartment to no more than 50% of the principal residence and routed parking through the County’s approval process.

The older code also treats accessory apartments through special-exception procedures in parts of the zoning table. Because Bill 2026-08 is enacted but has a future effective date, homeowners applying before October 19 should ask Wicomico County Planning & Zoning to identify in writing which provisions control an application filed during the transition.

What Bill 2026-08 changes

The new law replaces the older “accessory apartment” terminology with Accessory Dwelling Unit and defines an ADU as a secondary dwelling on the same lot, parcel or tract as a primary single-family detached dwelling. It allows no more than one ADU with that primary residence and excludes the ADU from density calculations and residential-growth limits.

The enrolled bill recognizes attached additions and separate structures, prohibits adding an ADU to a multifamily dwelling, regulates the location of a street-facing entrance, and requires compliance with applicable building-code and public-health requirements. It also allows the County to prohibit conversion of an accessory structure when the only vehicular access is from an alley.

The 50% vs. 75% size conflict

This is the most important issue on the page. Bill 2026-08 says an ADU may be no more than 50% of the square footage of the primary single-family detached dwelling.

Maryland Department of Planning’s HB 1466 FAQ says qualifying local ADU laws must authorize ADUs consistent with the state definition, which allows a unit up to 75% of the size of the primary single-family detached dwelling. MDP goes further and says local jurisdictions may not limit ADU size below the 75% limit.

Parking under Bill 2026-08

The enrolled bill amends the County’s minimum-parking table to require 1 off-street parking space per ADU bedroom, and says the space may not be located in the front yard.

Maryland HB 1466 allows a local government to impose additional ADU parking only after completing a parking study, and Maryland guidance says any local law requiring additional ADU parking must provide a waiver process. The enrolled Wicomico bill reviewed for this guide refers generally to “parking and parking waivers” but the operative parking-table amendment itself states the one-space-per-bedroom requirement without setting out the waiver criteria in that text.

For that reason, we classify parking as an implementation question that needs County confirmation, not as a simple final numeric rule.

Does Wicomico require owner occupancy?

Under the older accessory-apartment definition, owner occupancy is part of the framework. Bill 2026-08 strikes that owner-occupied language when it replaces the old definition with the new ADU definition.

That means owner occupancy appears to change materially when the new law becomes effective. Because the effective date has not yet arrived, homeowners should distinguish between an application made now and one filed after October 19.

What setbacks apply under the new law?

Bill 2026-08 says an ADU must comply with the setback requirements of the primary dwelling unit under § 225-70. That is stricter language than simply applying ordinary accessory-structure setbacks.

Maryland HB 1466, however, says local ADU laws may not establish side and rear setbacks that exceed the existing setback requirements for accessory structures. That makes setbacks another area where the enacted Wicomico text should be reconciled with the statewide standard before a homeowner fixes a site plan.

City of Salisbury is a separate zoning path

A Wicomico County address does not automatically mean County zoning controls the property. The City of Salisbury maintains its own zoning code. Salisbury’s current materials include separate accessory-apartment provisions, including owner-occupancy, size and parking conditions in certain residential districts.

Do not use the County’s Bill 2026-08 numbers for a Salisbury parcel without confirming municipal jurisdiction first. This is exactly why the site’s county tracker and jurisdiction finder separate county and municipal authority.

Septic, sewer and Critical Area checks

Wicomico County includes many properties served by private septic systems as well as properties affected by Chesapeake Bay Critical Area requirements. Bill 2026-08 expressly requires ADUs to comply with applicable public-health, safety and welfare standards, so zoning approval does not eliminate wastewater-capacity review.

The Wicomico County Health Department administers septic permitting and publishes separate environmental-health applications. The County also adopted a major Critical Area code rewrite in 2026. Properties near tidal waters, tidal wetlands or tributary streams can face buffer and environmental-development constraints in addition to the zoning rules.

If the parcel is not on public sewer, review our Maryland ADU Septic & Well Guide before paying for final architectural plans.

What Wicomico homeowners should do now

1. Confirm jurisdiction. Determine whether County zoning or City of Salisbury zoning controls the parcel.
2. Confirm the filing date rule. If applying before October 19, ask which existing accessory-apartment provisions still govern the application.
3. Do not design around the 50% cap without clarification. The County bill and Maryland’s 75% guidance conflict.
4. Ask for the ADU parking-study and waiver procedure. The enrolled bill requires one space per bedroom, while state law requires additional protections when extra parking is imposed.
5. Verify setbacks in writing. Bill 2026-08 references primary-dwelling setbacks, while HB 1466 limits side/rear ADU setbacks to accessory-structure standards.
6. Check owner occupancy based on timing. The new bill removes the older owner-occupied definition, but the new law is not effective yet.
7. Check septic, sewer and Critical Area constraints early. These can stop or reshape a project even when basic zoning works.
8. Re-check after October 19. Confirm the codified text and any County implementation guidance before paying for final plans or a prefab deposit.

Research changelog

• September 13, 2026: verified Bill 2026-08 as enacted with an October 19, 2026 effective date; identified the 50% size and parking/setback implementation conflicts with Maryland HB 1466 guidance.
• August 2026: County Council completed action on Bill 2026-08 and the County Executive approved the enrolled legislation.
• April 16, 2026: Planning Commission minutes noted that Wicomico was developing ADU regulations for the October 1 state-law deadline.

Primary sources used for this Wicomico County guide

• Wicomico County — 2026 Legislative Bills
• Wicomico County Legislative Bill 2026-08 — enrolled text
• Wicomico County — Zoning
• Wicomico County Zoning Code
• Maryland Department of Planning — HB 1466 ADU FAQ
• Wicomico County Health Department — Environmental Health Applications
• City of Salisbury — Charter & Municipal Codes

For statewide comparison, use the Maryland County ADU Rules Tracker and the Maryland ADU Guide 2026. Maryland ADU Guide is maintained by Gijo John as an independent research publication. Source-backed corrections can be sent to gijo.j@marylandaduguide.com.