Baltimore County Councilman David Marks is pushing to put a hard stop on how high development charges can climb for new homes, floating a temporary $35,000 cap on impact fees while the county double-checks its math.
The legislation, introduced this week, is aimed at preventing buyers in large subdivisions from getting hit with unexpectedly steep infrastructure fees that can push up-front costs into the tens of thousands of dollars. The bill is slated for final reading at the County Council’s legislative session on Tuesday, April 6.
What Marks Is Putting On The Table
As reported by Nottingham MD, the measure under consideration would cap the impact fee for a new dwelling at $35,000 while Baltimore County reviews the methodology it uses to calculate those charges.
Nottingham MD quotes Marks saying, “I believe new homebuyers in large developments should help defray the costs associated with growth, but we should not be pricing them out of the market.” The outlet notes that the county’s online legislation portal includes the draft text for residents who want to read the fine print themselves.
Bill 20-26 Rewrites The Formula
Bill 20-26, sponsored by Marks, would overhaul how Baltimore County computes impact fees by basing them on “occupiable” square footage only. Non‑occupiable areas such as garages, screened-in rooms, and exterior decks would no longer be included in the fee calculation.
The county’s Baltimore County Council agenda packet for April 6 explains that the bill also includes an uncodified refund provision. Under that language, the county would have to issue reimbursements within 90 days if a fee paid under the old calculation method turns out to be higher than what would be owed under the revised approach.
The same packet notes that earlier proposed amendments circulated by Marks would have reduced the per-square-foot rate and required the county to conduct a study and submit recommendations within six months.
Why It Matters In Baltimore County
Baltimore County’s current impact-fee program was first enacted in 2019 and, after later adjustments, effectively charges about $6.00 per square foot for residential projects. For larger homes, that formula can translate into fees in the tens of thousands of dollars, not exactly pocket change for buyers already stretching to close.
A Department of Legislative Services summary for 2025 lists Baltimore County’s impact fee at $6.00 per square foot and notes that exemptions and policy decisions have kept early collections limited. That basic arithmetic lies behind Marks' push to temporarily limit some collections while county officials scrutinize whether the methodology holds up legally and technically.
The Trade-Offs On The Table
Marks is casting the cap as a consumer protection measure. He told Nottingham MD that the county should revisit how it assesses fees so that new-home buyers are not priced out of the market before they even move in.
On the other side of the ledger, county fiscal notes and development groups warn that rewriting the formula or issuing refunds could shrink the pool of money earmarked for schools, roads, and public-safety projects that depend on impact-fee revenue. The political question for the council is how to balance near-term affordability for buyers with the long-term infrastructure needs those fees are supposed to fund.
What Happens Next
The County Council is scheduled to take up Bill 20-26 at its Tuesday, April 6 legislative session, where members could vote on Marks’ amendment to cap impact fees at $35,000. If the bill passes, most of its provisions would take effect 14 days after enactment.
The draft bill and supporting documentation are available on the Baltimore County Council legislation page for the April 6 meeting.
