This is the first edition of our Prince George’s County quarterly updates.
Recently, I have heard some negative commentary about Prince George’s County and the challenges of developing real estate here. As a result, I want to address some meaningful progress taking place—progress that reinforces my continued commitment to building a law practice in Prince George’s County.
This perspective is informed by a range of experiences. I began my career in the County in 2005 as a construction manager for a national homebuilder, working directly on job sites and navigating inspections. I later practiced at two regional law firms (including this one) with strong land use practices, representing builders and developers throughout the County. I also served as Senior Counsel to the Maryland-National Capital Park and Planning Commission, where I was assigned to the Prince George’s County Planning Board and Planning Department. These roles have given me a comprehensive view of the development process from multiple vantage points.
Over that time, I have seen the County evolve significantly. What was once a jurisdiction where “country lawyering” was commonplace is now poised to attract larger, more sophisticated firms with deep land-use and real estate capabilities. Firms like Lerch, Early & Brewer—equipped with substantial resources, experienced professionals, and big-law expertise—are well suited not only to establish a presence here, but to help lead and shape that evolution. The County presents real opportunities, particularly for local developers who understand the regulatory landscape and work with experienced consultants who know how to navigate the approval process.
For several reasons, the timing is right. Two of those reasons are discussed in this article.
I. A Local Newspaper Comes to Prince George’s County
The first reason the timing is right in Prince George’s County is the recent expansion of The Banner into the County. While some have commented that the County has been in the news for the wrong reasons, that perspective misses an important point. The Banner’s presence should be viewed as a positive development.
A strong, independent local press plays a vital role in any community. Skilled journalists bring transparency and accountability to public institutions. Local reporting helps inform residents, builds trust (or highlights where trust needs to be rebuilt), and fosters a more informed public dialogue.
Greater visibility does not imply that public officials or agencies are doing anything improper. To the contrary, many individuals in County government and at M-NCPPC are working diligently to improve processes and move the County forward. Progress is being made; I see it every day.
For the real estate community, this is something to welcome. Increased coverage invites important questions: Are existing institutions structured effectively? Do decisions by public officials advance the County’s long-term interests? Are processes supporting or hindering economic growth? Are developers truly evil enterprises destroying the County, or are they a conduit for attracting businesses, investment, and quality development that residents want and deserve?
Ultimately, a local newspaper can also help educate residents about the real estate development process, clarify misconceptions, and reduce concerns that often arise from incomplete information.
II. State Control Over Local Land Use
A second reason the timing is right in Prince George’s County is the State’s increasing role in shaping land-use policy to address the housing crisis. Across the country, policymakers and scholars have highlighted the limits of strictly local control, particularly when it contributes to housing shortages and restricts mobility. Recent books—such as Ezra Klein and Derek Thompson’s Abundance, Yoni Appelbaum’s Stuck, and M. Nolan Gray’s Arbitrary Lines—underscore the need for a more balanced approach, where state-level policy helps ensure consistency, predictability, and progress toward broader housing goals.
Maryland’s leadership has recognized this need. The Governor and General Assembly have advanced legislation that reflects an understanding that local decision-making, while important, can sometimes be constrained by hyper-local pressures. In those circumstances, state action can provide the framework necessary to support housing production, align with smart growth principles, and address the scale of the current housing shortfall.
Several recent laws illustrate this shift, including the Maryland Housing Certainty Act, the Maryland Transit and Housing Opportunity Act, and the Maryland Housing Expansion and Affordability Act. These measures are designed to remove barriers to development, create greater predictability in the approval process, and prevent interpretations or policies that unduly restrict housing.
This evolution reflects a more sophisticated approach to land-use policy—one that balances local input with broader regional and statewide priorities. It also creates meaningful opportunities for firms with deep experience in navigating complex regulatory environments and advancing large-scale development projects. In short, these changes signal that the industry, and the practice of land-use law, is moving forward, and our firm is well-positioned to be part of that next chapter
A. Maryland Housing Certainty Act
One of the most significant recent developments is the passage of the Maryland Housing Certainty Act (House Bill 548/Senate Bill 325). A copy of the legislation can be viewed here: Link to Maryland Housing Certainty Act.
Generally, under Maryland law, statutes are presumed to apply prospectively—that is, they will not apply backward in time. But the Maryland Supreme Court recently reminded us, in County Council of Prince George’s County v. Robin Dale Land LLC, 491 Md. 105 (2025), that changes to land-use and zoning laws are an important exception to that rule. Under what is commonly known as the “Yorkdale Rule,” named after the 1964 case Yorkdale Corporation v. Powell, courts may apply changes in land-use laws retroactively unless doing so would interfere with a “vested” right.
In practical terms, this creates significant uncertainty for developers. Because the entitlement process for a development project can take years, changes in applicable law could affect a project at any point during review unless the project has vested.
Historically, Maryland has been considered a “late vesting” state. Typically, we hear people in our industry say a project is not vested until there are “footings in the ground”; however, that is not quite the common law rule. Under the standard set forth in Prince George’s County v. Sunrise Development Ltd. Partnership, 330 Md. 297 (1993), vesting generally requires:
- that the applicant obtained a lawful permit;
- that the applicant, in good faith, commenced construction in accordance with the permit and made a “substantial beginning to construct the building and commit the use of the land to the permission granted”; and
- visible construction sufficient to put the public on notice.
This means that, in most cases, a project is not protected from changes in the law until construction is already underway.
The Maryland Housing Certainty Act fundamentally changes this framework for residential development projects. Effective October 1, 2026, a “housing development project”—defined as “the new construction or substantial renovation of a residential real estate project”—will vest at the time a “complete application” is submitted. The term “application” is defined broadly and may include submissions for permits, subdivisions, or site plans.
This new law provides substantially greater predictability and protection for residential developers. Instead of waiting until construction has visibly commenced, a residential project will now be governed by the laws in effect at the time a complete application is submitted. This is particularly important in jurisdictions like Prince George’s County, where the approval process can be lengthy and complex.
Again, the Act applies only to residential projects. Industrial and commercial developments remain subject to Maryland’s common-law vesting doctrine, leaving them exposed to potential changes in the law during the review process. Expanding similar protections to those sectors may be an area for future legislative consideration.
B. Maryland Transit and Housing Opportunity Act
Another notable development from this year’s General Assembly session is the passage of the Maryland Transit and Housing Opportunity Act (House Bill 894/Senate Bill 389). A copy of the legislation can be found here: Maryland Transit and Housing Opportunity Act.
This legislation includes several provisions aimed at encouraging development near transit, including the automatic designation of certain transit-oriented developments as enterprise zones. Of particular importance for land use, however, is the bill’s preemption of local off-street parking minimums in most circumstances for residential and mixed-use projects located within one-quarter mile of a rail station.
In practical terms, this means that developers working near Metro stations, the Purple Line, Amtrak, or other rail stations may no longer be required to meet locally imposed minimum parking requirements. This change offers greater flexibility in site design and can help reduce development costs, particularly for projects in transit-oriented locations where demand for parking may already be lower.
C. Maryland Housing Expansion and Affordability Act
Two years ago, the General Assembly enacted the Maryland Housing Expansion and Affordability Act (House Bill 538). While implementation has taken time, because local jurisdictions are only beginning to understand its application, it is now becoming an increasingly important tool for transit-oriented affordable housing development.
The Act applies to “qualified projects,” which include certain Low-Income Housing Tax Credit (LIHTC) developments and other affordable housing projects located within one-quarter mile of a rail station, such as a Metro or Purple Line station. For these projects, the HEAA offers meaningful benefits, including a density bonus (above local density maximums) and limitations on local governments’ ability to impose “unreasonable requirements or restrictions.”
In practical terms, the Act is designed to facilitate the development of affordable housing in transit-accessible areas by ensuring that local regulations do not unnecessarily impede these projects. Developers interested in determining whether their project may qualify should consult the Maryland Department of Housing and Community Development’s FAQs. A copy of the legislation can be found here: Maryland Housing Expansion and Affordability Act of 2024.
III. A Final Word
Taken together, these advances point to a moment of real opportunity in Prince George’s County. The presence of a strong local newspaper and increased state engagement in land use policy both serve an important purpose: ensuring that local challenges do not unnecessarily impede well-planned development. At the same time, experienced consultants and professionals continue to demonstrate that, even within a complex regulatory environment, projects can and do move forward.
It is true that the County’s process remains more intensive than in many neighboring jurisdictions. That reality has caused some national developers to look elsewhere, citing concerns about uncertainty and the influence of local politics in the development process. But that dynamic also creates a meaningful advantage for those who understand the local landscape—those who know the process, work with the right teams, and are equipped to navigate complexity effectively.
For these developers, Prince George’s County represents not a risk to avoid, but an opportunity to pursue. The County remains one of the most promising jurisdictions in the region for growth, with significant demand for housing, investment, and high-quality development.
Just as importantly, there is a growing acknowledgment within County leadership that the current system can be improved, that processes are too lengthy, that regulations can be overly burdensome, and that strengthening the commercial tax base is a priority. The fact that these conversations are now happening openly marks a meaningful shift and signals a willingness to evolve.
I believe there may be no better time than now to invest in and develop within Prince George’s County.
For more information, please contact Peter Z. Goldsmith, a Principal and head of Lerch, Early & Brewer’s Prince George’s County office, a co-author of the Guide to Maryland Zoning Decisions, which is published by LexisNexis, the Vice Chair of the Maryland State Bar Association’s Real Property Section Council, and the Chair of the Maryland State Bar Association’s Land Use Committee. He also teaches a class to undergraduates at the University of Maryland, College Park, on the legal foundations of real estate.
