Commission discusses new state 'casita' law, warns of reduced local control over accessory dwellings

Planning staff briefed the Graham County Planning and Zoning Commission on a new state law that will require local governments to allow detached and attached accessory dwelling units (ADUs), reduce setback requirements and limit many regulatory controls, and commissioners expressed concern about septic capacity, deed restrictions and the potential loss of public hearings.

Staff said the law goes into effect Jan. 1 and will apply statewide to cities and counties. "We will have rules and regulations in place by January 1," staff said, but added that the law substantially limits local discretion: "You cannot stop this. You cannot stop that. I mean there's almost no regulation other than septic and setbacks." A commissioner noted local setbacks historically required 10 feet for fire code; staff said the new law may reduce that to 5 feet.

Staff also discussed size limits, saying, "don't quote me on this but I think it's 75% of the main dwelling or 1,000 square foot whichever is least," and cautioned that units under the law could be rented and would not be required to match the primary house or to be occupied by a family member. Commissioners asked whether septic and water configurations would be allowed to serve multiple dwellings; staff said accessory units must comply with the health department's septic standards and that shared septic systems could be allowed if the health department approves the fixture counts.

Commissioners noted ongoing legal battles over deed restrictions and homeowners associations and questioned how the new law will interact with private restrictions. Staff said deed-restriction litigation is active and that the law is written to limit local government barriers, but court outcomes could affect implementation. The briefing was informational; no zoning action was taken at the meeting.