Adequate Public Facilities Ordinances (AFPOs)

Introduction

In 1978, the Maryland General Assembly passed enabling legislation for municipalities and non-charter counties to adopt adequate public facilities ordinances (APFO). In 1992, the General Assembly expanded the scope to enable all local jurisdictions in Maryland, including charter counties, to enact a variety of growth management tools. (Land Use Article §7–101(2).)

Review of local laws reveals that 14 counties and 34 municipalities have adopted some form of adequate public facilities consideration in their development review and approval process. Fourteen additional municipalities have adopted regulations that apply only to specific zoning districts or uses requiring special exception approval. The most popular public facilities subject to APFOs are schools, roads/transportation, water, sewer, and fire/EMS, with all 14 counties having APFOs for schools and roads/transportation.

County and Municipal APFO Inventory Table, Updated 2025: Completed by a University of Maryland student

and the National Center for Smart Growth, the inventory distinguishes between municipalities that have

adopted APFO review methodologies and standards within their codes and those that apply them only to special exceptions or specific zones, district, or

development.

Description of APFOs

APFOs can be a response to a deficiency in existing capacity or the financial overburden on services required for new development, or part of a comprehensive review of the long-range demand for services and facilities. In either situation, the requirements must be reasonably and rationally related to valid governmental interest. Approval can be made contingent on the local government’s ability to provide services, or on a developer’s agreement to furnish or finance the needed improvements. The generally applicable standard in Maryland requires that the provision of adequate facilities be reasonably probable of fruition in the foreseeable future, although local jurisdictions can enact more flexible and effective standards that require greater immediacy. APFOs should set quantifiable levels of service for pubilc facilities and services, since these standards provide a basis for the evaluation of the proposed projects in relation to existing or planned facilities.

Land Use Article Requirements

Land Use Article §7–101 encourages the preservation of natural resources or the provision of affordable housing to facilitate orderly development and growth. It further enables and encourages a local jurisdiction that exercises planning and zoning authority to enact local laws providing for or requiring:

(1)    the planning, staging, or provision of adequate public facilities and affordable housing

or;

(2) off–site improvements or the dedication of land for public facilities essential for a development.

Local Government APFO Reports

Land Use Article §7–104 requires jurisdictions which have enacted APFOs to report to the Maryland Department of Planning (MDP) any restriction, moratorium, or capacity limitation imposed on development as a result of a local APFO law.

MDP Local Jurisdictional Report Biennial AFPO Report. Each year, MDP prepares a report to the General Assembly. This report includes a summary of any APFO restrictions reported within the Priority Funding Area.

Annual Report Long Form Section VI APFO Biennial Reporting Requirements. To facilitate the APFO reporting requirements, the Annual Report Long Form includes a biennial (every two years) report template guide.

Under Land Use Article §7–303 (a) and (a)(10)(iv), jurisdictions may utilize the development rights and responsibilities agreement to assist with the provision for the construction or financing of necessary public facilities to accommodate development.

 Other APFO Resources

Department of Legislative Services APFO Inventory and links to county APFO ordinances - In coordination with the Department of Legislative Services (DLS), an inventory of county APFO ordinances
Department of Legislative Services Map of Maryland APFO counties - A depiction of Maryland counties with adopted APFO ordinances
NCSG Report (Coming Soon!) - In coordination with the National Center for Smart Growth, an inventory and history of APFOs in Maryland 
MDP APFO Inventory Report 2012 - Initial report on APFOs in Maryland
MDP APFO Inventory Report 2013- An updated APFO Report submitted to Maryland Smart Growth Commission
MDE WWTP Flow Data 2021-2023 - In coordination with the Maryland Department of Environment, an inventory of wastewater treatment capacity and 3-year flows
State Rated Capacity COMAR 14-39-02-05 - Maryland school capacity regulations
MDP Maryland School Enrollment - Annual estimates and projections of school enrollment for Maryland’s public schools, organized by county, including historic enrollment
Interagency Commission (IAC) on School Construction-Administrative Procedures Guide - Helps Local Educational Agencies (LEAs) navigate the IAC reporting process
Local Best Practices Examples
- Baltimore County Bi-Annual APFO Report (2023-2024) - Identifies state rated capacity for each county school and explains operating and capital budget needs to ensure adequate capacity
- Charles County Adequate Public Facilities Manual - Supplements the county’s APFO to inform stakeholders of the county’s procedures and guidelines for school, water, and transportation testing
SHA roadway AADT traffic counts - Link to periodic annual traffic counts for state roads

Example APFO Ordinance - A sample APFO ordinance adopted by Thurmont, Maryland

Jurisdictions that are interested in learning more about these APFOs and collaborating with MDP, please contact David Dahlstrom, AICP, Planner Supervisor, Upper Eastern Shore Regional Planner at

 [email protected]

Adequate Public Facilities Ordinances (AFPOs)

​​​​​​​​​Introduction

Land Use Article Requirements

Local Government APFO Reports

Other APFO Resources

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Introduction

 Other APFO Resources