Commissioners adopt ADU ordinance to align with state law after legal warning

Walkersville commissioners voted to adopt Ordinance 2026-04, which updates local code to allow accessory dwelling units (ADUs) consistent with Maryland state law. The town attorney advised that if the town refused to adopt the ordinance, property owners meeting the state's definition could seek permits or appeal denials, and the circuit court for Frederick County would likely rule in favor of the property owner, exposing the town to legal fees.

"If someone wanted to build an ADU on their property ... they would appeal the town's action ... and I can guarantee you at that point, the circuit court for Frederick County is going to allow them to do what they want," the town attorney said. Commissioners questioned how the ordinance would interact with homeowners associations (HOAs) and with county/state requirements for stormwater and school impact. The town attorney said ADUs are exempt from density calculations in many cases but remain subject to building-code, stormwater and other requirements.

Commissioner Yoder moved to adopt the ordinance and Commissioner Winch seconded. After brief discussion, the board approved the ordinance on a 4–1 voice vote. One commissioner said they opposed the policy on principle but voted for adoption to avoid litigation and potential loss of state funds. The burgess emphasized the board's preference to follow legal counsel's advice and minimize risk to the town.

The ordinance text cited density exemptions for occupants 65 or older and specified the review and appeals process through the Board of Zoning Appeals; it also refers to compliance with Frederick County building codes and applicable state statutes. The town attorney recommended adoption to avoid protracted court challenges and potential attorney-fee awards against the town.