Land Use and Real Property - Accessory Dwelling Units - Requirements and Prohibitions
SB 891 requires counties and municipalities to adopt local laws allowing accessory dwelling units (ADUs) - secondary homes on single-family zoned lots - by a set deadline. It sets specific rules for zoning permits, development fees, parking requirements, and prohibits utilities from charging extra fees for ADU connections. The bill also blocks property transfer agreements from restricting ADU development and lets homeowners associations treat ADUs as separate lots for voting and fees. This directly affects homeowners seeking to build ADUs, local governments required to update zoning, and homeowners associations managing community rules. The law aims to expand housing options by removing barriers to ADU construction on single-family residential land.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House of Delegates Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Feb 3, 2025
Signed Apr 22, 2025
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What changed between versions
First - Land Use and Real Property - Accessory Dwelling Units - Requirements and Prohibitions
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Third - Land Use and Real Property - Accessory Dwelling Units - Requirements and Prohibitions
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3 edits
MINOR
SB 891 was amended to clarify that accessory dwelling units (ADUs) must be on land zoned for single-family detached residential use, rather than just single-family residential use. The bill also updated definitions to explicitly require ADUs to be subordinate in use to the primary dwelling and limited their size to no more than 75% of the primary unit. Additionally, the bill was reorganized to include new sections on real property and repeals were adjusted to align with these substantive changes.
Scope change
The bill's scope was narrowed to specifically apply to single-family detached residential use, and new definitions were added to clarify ADU size limits and usage requirements.
ELIGIBILITY
ADUs are now restricted to properties zoned for single-family detached residential use, rather than single-family residential use generally.
DEFINITION
New definition added stating ADUs must be subordinate in use to the primary dwelling unit and limited to no more than 75% of the primary unit's size.
REQUIREMENT
The bill was reorganized to add new sections on real property and adjust repeals to align with the updated ADU definitions and scope.
Floor votes · Senate Mar 10, 2025 · House of Delegates Mar 25, 2025
How they voted
44–0
Passed · 2 other
Total votes 46
Mar 10, 2025
D
Democratic33
93% Yea
R
Republican13
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
15
Key actions
10
Committee
7
Apr 22, 2025
Signed into law
Approved by the Governor - Chapter 196
executive
Apr 7, 2025
Upper · Passed
Returned Passed
upper
Apr 7, 2025
Lower · Passed
Third Reading Passed
lower
Apr 4, 2025
Lower · Passed
Favorable Adopted Second Reading Passed
lower
Apr 4, 2025
Lower · Passed
Favorable Report by Environment and Transportation
lower
Apr 2, 2025
Committee
Rereferred to Environment and Transportation
lower
Mar 31, 2025
Committee
Referred Rules and Executive Nominations
lower
Mar 28, 2025
Upper · Passed
Third Reading Passed
upper
Mar 27, 2025
Upper · Passed
Favorable with Amendments {
upper
Mar 27, 2025
Upper · Passed
Favorable with Amendments Report by Education, Energy, and the Environment
upper
Mar 25, 2025
House Of Delegates · Passed
House of Delegates Vote: pass (134-3-2)
house of delegates
Mar 10, 2025
Senate · Passed
Senate Vote: pass (44-0-2)
senate
Feb 3, 2025
Committee
First Reading Education, Energy, and the Environment
upper
2 primary · 0 co-sponsors
Sponsors
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