Wallsburg reviews ADU draft: internal units allowed, externals discouraged amid septic concerns

The Wallsburg Planning Commission discussed a draft accessory dwelling unit ordinance that would allow internal ADUs (units built within or attached to the main dwelling) while prohibiting external or detached ADUs for the time being.

Spencer Foster, who presented the draft, said it largely mirrors state guidance: internal ADUs are required to be allowed by state law, but external ADUs create additional utility, septic and health-department complications that many towns are not prepared to regulate. "The purpose of this ordinance is to allow internal accessory dwelling units and prohibit external accessory dwelling units," Foster said. He and commissioners noted that an internal ADU's utilities and septic are tied to the principal dwelling and that local health departments could require septic upgrades for any change that increases occupancy.

The draft includes an owner-occupancy requirement: either the primary dwelling or the internal ADU must be occupied by a full-time resident owner, with exceptions for sabbaticals, military service, hospital stays and similar temporary absences. Foster said the ordinance would require property owners to file an affidavit notifying the town they have an internal ADU; the draft presently does not include a permitting/inspection process or a fee schedule so the town would not immediately receive revenue from ADUs unless it later adopts a permit or inspection program.

Commissioners discussed trade-offs. Several members said internal ADUs can provide housing options, for example for young people or multigenerational families; others raised concerns about increased septic load, property conversion and potential conversion of ADUs into separate rental units without appropriate approvals. The commission also discussed the need to update references in the draft from "Utah County" to "Wasatch County" and to tailor owner-occupancy verification to Wasatch County tax rolls.

No vote was taken; commissioners directed staff to accept edits and return an updated draft for additional review and eventual public hearing. Foster advised the commission that the town can add permitting, inspection or penalty provisions later if it wants stronger enforcement or revenue capture, but he recommended starting with a simple, state-aligned ordinance to reduce loopholes and confusion.