Real Estate Law · August 27, 2026 · 8 min read
I spent twenty years in education before I became a realtor. Old habits die hard—I still read policy papers the way some people scroll Instagram.
So when the National Association of Home Builders (NAHB) reported that 2-to-4-unit housing starts dropped 24% year-over-year amid what they're calling "zoning headwinds," I sat up. Because this isn't just a national trend. It's playing out in Montgomery County, Baltimore County, Howard County, and across the Maryland jurisdictions I serve every single day.
The missing middle—duplexes, triplexes, fourplexes, those unassuming buildings that used to line streetcar routes and walkable neighborhoods—is getting choked out by local zoning fights. And if you're a buyer frustrated by inventory, or a seller wondering why your neighbor's lot can't be subdivided, this is why.
Let me back up.
Missing middle housing sits between single-family homes and big apartment complexes. Think of a duplex on a corner lot in Bel Air. A triplex near the MARC station in Halethorpe. A fourplex that looks like a slightly wider rowhouse in Federal Hill.
These buildings used to be everywhere. Then mid-century zoning laws made them illegal in most residential neighborhoods. Now, even when cities and counties try to bring them back, neighborhood opposition, parking requirements, and lot-size rules make construction nearly impossible.
The NAHB data shows starts for 2-4 unit buildings fell to their lowest level in years, even as demand for affordable, "right-sized" housing climbs. Meanwhile, single-family home construction chugs along, and large apartment complexes (5+ units) keep getting built because the math works at scale.
The middle disappears.
Here's the thing. If you're a first-time buyer in Anne Arundel County looking at homes for sale and wondering why everything is either a $450,000 single-family house or a $1,900/month apartment, zoning is part of the answer.
Missing middle housing would give you a third option: a condo in a triplex. A duplex where you live in one unit and rent the other. A fourplex that pencils as a small investor play or a house-hack for a young family.
I've had clients—teachers, nurses, state employees—who want to stay in Baltimore City or Silver Spring but can't find anything between a $300K rowhome fixer-upper and a $2,200/month Class A apartment. The missing middle would be their sweet spot.
But it's not getting built. Not in the numbers we need.
Montgomery County has spent years debating "Thrive 2050," a plan that would allow more density near transit. Opponents worry about parking, school crowding, and "neighborhood character." Supporters point to skyrocketing rents and hour-long commutes from Frederick.
Baltimore County has similar battles. Howard County just updated its general plan. Prince George's County has its own affordability crisis.
And Delaware? Don't get me started. New Castle County has some of the most restrictive zoning I've ever seen, which is one reason I wrote about Delaware's "silver tsunami" and what it means for Maryland buyers earlier this week.
The pattern is the same everywhere: local officials say they want more housing, then neighborhood groups pack meetings, and the "light-touch" density—duplexes, not towers—gets voted down or delayed into oblivion.
I've been to a few. One in Harford County about a proposed triplex near a park. The developer had done everything right—setbacks, landscaping, parking for six cars. The building would've looked like a bigger version of the Craftsman homes next door.
Neighbors spent an hour talking about "precedent" and "slippery slopes." The project died.
A month later, someone listed a single-family home two blocks away for $385,000. It got 17 showings in three days and went under contract for $402,000 with an escalation clause.
That's the disconnect. We say we want affordability, but we zone for scarcity.
If you own a large lot in a walkable neighborhood—especially near MARC, Metro, or light rail—you might be sitting on more value than Zillow thinks.
In places like Takoma Park, Catonsville, or Elkridge, the possibility of a zoning change can quietly boost land value. Developers and small investors track these fights. They know which counties are softening rules, which Planning Commissions have new members, which state legislators are pushing housing production goals.
But—and this is important—don't assume your lot can be split or redeveloped without doing real homework. Zoning is hyper-local. What's allowed in one zip code may be forbidden two miles away.
If you're thinking about selling a property with redevelopment potential, talk to a realtor (like me) and a land-use attorney before you list. The wrong listing description can tank interest; the right one can start a bidding war among builders.
Maryland doesn't have a statewide zoning override the way California or Oregon tried. (California's attempts to allow fourplexes by-right in single-family zones have been met with lawsuits and local resistance, by the way.)
Instead, Maryland pushes counties to adopt "housing goals" and ties some state infrastructure funding to progress. The Maryland Department of Planning tracks this, but enforcement is weak.
At the county level, rules vary wildly:
Washington, D.C., has been more aggressive, allowing accessory dwelling units (ADUs) and relaxing some multifamily restrictions, though neighborhood battles continue there too.
Pennsylvania and Delaware? York and Lancaster Counties remain mostly suburban/rural in zoning philosophy. New Castle County has pockets of density near Wilmington, but getting a duplex approved in suburban developments is tough.
If you're a buyer and you want missing middle housing—because you'd love to house-hack a duplex in Ellicott City or buy into a triplex near the Purple Line—here's my advice:
If you're a seller sitting on a lot that could be redeveloped:
I taught civics for years before I sold houses. I believe in local control. I also believe in fair housing and economic opportunity.
When zoning rules make it illegal to build the kinds of homes that working families can afford—homes that used to exist in these same neighborhoods—we're not preserving character. We're just making housing a luxury good.
The missing middle isn't radical. It's not "destroying suburbs." It's duplexes. It's what your grandparents' neighborhood looked like before we made it illegal.
And if the NAHB's numbers are right, we're moving backward. Starts are falling even as rents hit $1,962 nationally and mortgage rates sit at 6.65% for a 30-year fixed as of last week.
I've written before about Maryland's dual agency rules and why clear representation matters. Zoning questions are another area where roles get muddy.
As your realtor, I can explain what zoning currently allows, pull public records, and connect you with specialists. I can't give you legal advice about whether a variance will be approved or whether a zoning change is likely to pass.
This is general information, not legal advice — for your specific situation, please consult a licensed real estate attorney.
If you're serious about a property with redevelopment potential, budget for that legal consult. It's worth it.
Montgomery County's next Planning Board meetings. Howard County's zoning rewrite implementation. Any movement at the state level on tying transportation funding to housing production.
And, honestly, whether national builders start walking away from missing middle projects altogether. If starts keep falling, we'll see the impact in inventory and rents within 18 months.
For now, if you're searching for homes for sale in Baltimore County or anywhere in my coverage area and you're frustrated by the lack of options between a condo tower and a single-family subdivision, you're not imagining it.
The missing middle is missing for a reason. And unless zoning rules change—one hearing, one lot, one county at a time—it's going to stay that way.
Katrina Kirton Sherrod, REALTOR® · Samson Properties · Licensed in MD, DC, PA & DE · 443-616-9770 · Katrina@kkstherealtor.com
“The house you looked at today and wanted to think about until tomorrow may be the same house someone looked at yesterday and will buy today.” — Koki Adasi