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SetbackIQ

ADU rules in Montgomery County, MD

Yes. An ADU is a new dwelling unit and needs a building permit.

Since October 5, 2026 an ADU can be up to 75% of the size of the house (ZTA 26-06).

A detached ADU uses the accessory-structure setbacks, for example 5 ft side and rear in R-60.

Rules last checked by a person on October 20, 2026. Guidance only; confirm with Montgomery County before you build.

Limits

ADUs per lot1
SizeUp to 75% of the size of the house
Detached ADU setbacksSame as an accessory structure in the zone (5 ft side and 5 ft rear in R-60 and R-90)
Detached ADU heightThe accessory-structure height limit (20 ft in R-60)
ParkingNone extra within 1 mile of Metrorail, Purple Line or MARC; otherwise generally 1 space (waiver possible)

Good to know

  • ZTA 26-06 took effect October 5, 2026. Plans reviewed under the old rules (12 ft rear setback, the 1,200 sq ft / 10% / 50% size cap) no longer apply. Confirm with DPS how the 75% is measured.
  • Call 811 at least a few days before you dig footings or post holes. Utility locating is free.
  • HOA covenants and deed restrictions can be stricter than city rules. Check yours before you build.

Check your lot

What are you building?

Where to apply

Sources

  1. Montgomery County DPS, Guidelines for Accessory Dwelling Units (revised October 2026; reflects ZTA 26-06, Ordinance 20-36, effective October 5, 2026). Checked 2026-10-20.
    An ADU may not be greater than 75% of the size of the primary single-family detached dwelling... [An ADU] must comply with the setback, height, and building lot coverage standards applicable to an accessory structure in the underlying zone... [Within one mi…
  2. 44 CFR 59.1, definition of development (NFIP). Checked 2026-10-19.
    Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures...
  3. 44 CFR 60.3, floodplain management criteria. Checked 2026-10-19.
    Require permits for all proposed construction or other development in the community...
  4. Montgomery County DPS, R-60 Zone Development Standards (Sec. 4.4.9, guidance). Checked 2026-10-19.
    Accessory Buildings: Rear yard only... 5 ft. Side setback... 5 ft. Rear setback, if not otherwise addressed... 20 ft. maximum height... footprint must not exceed 50% of the footprint of the main building or 600 sq/ft whichever is greater.