Legislation implementation work is ongoing. Please check back regularly for updates.
Subject Jurisdictions
- Municipalities with more than 1,000 residents that are in a metropolitan planning organizations
- Portions of counties that are both within a Census Designated Place with more than 40,000 residents and within a metropolitan planning organization
Components
Local ADU Requirements
Subject jurisdictions must allow one accessory dwelling unit (ADU) where single family detached units are allowed. Subject jurisdictions must use an administrative approval process for ADUs, cannot require parking or owner occupancy (with limited exceptions), must allow certain ADU sizes and setbacks, and generally cannot otherwise restrict ADUs through design and dimensional standards that are more stringent than those that apply to single family homes in the same district (more details in forthcoming guidance documents). Requirements in the law also apply to planned unit developments (PUDs) and homeowners associations (HOAs) within subject jurisdictions.
Certification Process
To be certified as an ADU-supportive jurisdiction, subject jurisdictions are required by the law to submit a report showing compliance and implementation of one or more strategies from a menu of strategies encouraging ADU construction or conversion. Local governments that are not subject jurisdictions can opt in to be eligible for the ADU grant program and for their residents to be eligible for the CHFA financing programs!
Grant Program
- ADU fee reduction / encouragement program for pre-approved plans, technical assistance, or reducing fees. Funding will also be available for ADU financing programs via CHFA.
Nothing Prevents
Under this law, nothing prevents a local government from applying the following policies and regulations for ADU construction or conversion:
- Requiring a parking space be designated so long as there is an existing space available for designation, including a driveway, garage, or tandem parking, or other off-street space
- Requiring one new parking space if an off-street space is not available, on-street parking is prohibited, and parking is required as of January 1, 2024 for the primary dwelling unit
- Requiring owner occupancy at the time of application either to construct/convert an ADU (except for new construction) or for a short-term rental license
- Allowing ADUs smaller than 500 square feet and/or larger than 750 square feet so long as the ADU is not larger than the principal dwelling unit
- Allowing multiple ADUs
- Assessing impact fees
- Regulating short term rentals
- Applying historic district standards / procedures
- Applying life safety code (e.g., utilities, fire, stormwater)
- Defining ADUs to include motor homes, recreational vehicles (or not)
- Requiring a water / wastewater capacity letter
Key Dates
June 30, 2025: One-time compliance report due to DOLA for subject jurisdictions and those seeking to opt-in for certification as an ADU-supportive jurisdiction
September 28, 2025: DOLA approves and certifies / rejects / grants extension