Prince George’s County continues to refine how its relatively new Zoning Ordinance (effective April 1, 2022) applies to projects navigating the transition between the “prior” and “current” regulatory frameworks. Following a period of inconsistent application and uncertainty surrounding the Transitional Provisions, the County has issued Zoning Ordinance Interpretation ZOI-2026-002 (attached), which provides much-needed clarity on how these provisions operate in practice. For developers, property owners, and investors, this interpretation delivers both reassurance and caution when evaluating existing approvals and future development strategies.
Zoning Ordinance Interpretation ZOI-2026-002 provides important clarification on the scope and application of the Transitional Provisions contained in Sections 27-1701 through 27-1707 of the County’s Zoning Ordinance. These provisions govern how development approvals and applications initiated under the prior Zoning Ordinance may proceed following the adoption of the current ordinance, which became effective on April 1, 2022. The interpretation reinforces that the Transitional Provisions are intended to balance two competing objectives: protecting the reliance interests of property owners and developers who initiated projects under the prior regulatory framework, while ensuring an orderly transition to the County’s updated zoning regime. In doing so, ZOI-2026-002 confirms that certain projects may continue to utilize the prior Zoning Ordinance, but only within defined limits and timeframes.
As clarified in the interpretation, development approvals and permit applications filed or approved prior to April 1, 2022 generally retain the ability to proceed under the prior Zoning Ordinance and Subdivision Regulations. This includes the right to pursue subsequent approvals necessary to complete the originally approved project and, where appropriate, to amend those approvals under the prior regulatory framework. Notably, certain long-term approvals, such as Conceptual Site Plans (CSPs) and Comprehensive Design Plans (CDPs), may continue to be amended and relied upon for additional development under the prior Ordinance during their validity period, now capped at twenty (20) years, provided such amendments remain within the scope of the original approval. However, these grandfathering rights are not indefinite. If a qualifying approval expires or is revoked, any subsequent development must comply with the current Zoning Ordinance. The interpretation further underscores that the ability to rely on prior regulations is inherently tied to the specific project that was originally approved. New development proposals, including those that materially differ from, expand upon, or go beyond the scope of the original approvals, are not entitled to proceed under the prior ordinance and must instead conform to current zoning requirements. This distinction is particularly important for property owners evaluating redevelopment opportunities or contemplating significant modifications to previously approved projects.
With respect to existing conditions, the interpretation confirms that buildings, structures, site features, and uses that were legally established, either through prior approvals or as of March 31, 2022, are generally deemed legal and conforming, even if they do not comply with current zoning standards. These properties benefit from a defined transition period, during which they may be maintained, repaired, and in certain cases expanded or reconstructed, subject to specified limitations. In many instances, these protections extend through April 1, 2032, providing property owners with a meaningful window to continue existing operations. At the same time, the interpretation makes clear that the adoption of the new Zoning Ordinance does not legitimize prior violations. Any noncompliance under the prior ordinance remains subject to enforcement under the current regulatory framework.
Importantly, the interpretation underscores the County’s broader policy objective of gradually phasing out reliance on the prior Zoning Ordinance. While certain legacy approvals may continue for extended periods, particularly where long-term approvals such as CSPs and CDPs remain valid, the Transitional Provisions impose time limits, restrict the scope of grandfathering, and ultimately require new development to conform to the current ordinance. At the same time, the interpretation confirms that, through April 1, 2032, property owners of grandfathered buildings may continue to utilize the prior use tables to obtain Use and Occupancy permits for uses that were permitted on their property as of March 31, 2022. This clarification is especially significant for owners of existing commercial or industrial properties, as it preserves the ability to re-tenant vacant space with uses permitted under the prior ordinance, even where such uses may not be allowed under current zoning, at least for a set time period. Over time, however, this framework is intended to bring all development activity into alignment with the County’s updated land use policies and planning goals. Accordingly, this interpretation highlights the need for careful evaluation of existing approvals, project timelines, and development strategies. Determining whether a project qualifies for grandfathering, and the extent to which prior regulations, including prior use tables, may still be utilized, can have significant implications for feasibility, entitlements, and risk allocation.
Our zoning and land use team has extensive experience advising developers, property owners, lenders, and investors on navigating complex entitlement frameworks, including grandfathering and transitional zoning issues. We regularly assist clients in evaluating vested rights, preserving existing approvals, structuring development strategies, and mitigating regulatory risk in evolving jurisdictions such as Prince George’s County.
If you have questions regarding this interpretation or its impact on your project or property, we welcome the opportunity to discuss how we can help position your development for success under both the prior and current zoning regimes.
