HB 322
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 322 (Delegates Hill and Feldmark)
Environment and Transportation Judicial Proceedings
Real Property - Restrictions on Use - Low-Impact Landscaping
This bill prohibits specified restrictions on use from imposing unreasonable limitations on
“low-impact landscaping.” Such restrictions on use include covenants, restrictions, or
conditions included in, among other instruments, deeds, declarations, or contracts. The bill
may not be construed to prohibit a restriction on use from including reasonable design and
aesthetic guidelines regarding the type, number, and location of low-impact landscaping
features. The bill is not applicable to historic property that is listed in, or eligible for
inclusion in, the Maryland Register of Historic Properties.
Fiscal Summary
State Effect: The bill does not directly affect State government operations or finances.
Local Effect: The bill does not directly affect local government operation or finances.
Small Business Effect: Minimal.
Analysis
Bill Summary: “Low-impact landscaping” means landscaping techniques that conserve
water, lower maintenance costs, provide pollution prevention, and create habitat for
wildlife. Such techniques include bio-habitat gardens designed to attract wildlife and
pollinator gardens designed to attract pollinator species.
Restrictions on use may not impose unreasonable limitations on low-impact landscaping
as long as the property owner (1) owns or has the right to exclusive use of the property and
(2) maintains and regularly tends to the low-impact landscaping. Unreasonable limitations
on low-impact landscaping include provisions that significantly increase the cost of
low-impact landscaping or significantly decrease the efficiency of the techniques.
Additional Information
Prior Introductions: HB 279 of 2020, a similar bill, passed the House, but no further
action was taken.
Designated Cross File: None.
Information Source(s): Judiciary (Administrative Office of the Courts); Maryland
Department of Agriculture; Maryland Department of the Environment; Department of
Housing and Community Development; Department of Natural Resources; Department of
Legislative Services
Fiscal Note History: First Reader - January 15, 2021
rh/jkb Third Reader - March 12, 2021
Revised - Amendment(s) - March 12, 2021
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 322/ Page 2


Statutes affected:
Text - First - Real Property - Restrictions on Use - Low-Impact Landscaping: 2-124 Real Property
Text - Third - Real Property - Restrictions on Use - Low-Impact Landscaping: 2-124 Real Property