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Benton County supervisors direct staff to draft local rules for accessory dwelling units after reviewing new Iowa law

January 02, 2026 | Benton County, Iowa


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Benton County supervisors direct staff to draft local rules for accessory dwelling units after reviewing new Iowa law
Benton County’s Board of Supervisors spent a substantial portion of the meeting reviewing how to implement the state’s new accessory dwelling unit law and directed staff to draft local guidance.

Members said Senate File 592 allows ADUs (commonly called accessory dwelling units) subject to statutory requirements, and the board debated whether to minimally amend the county’s land-use ordinance or adopt a standalone ADU ordinance. An advisor explained the statute’s sizing limit—"you can't do more than 1,000 feet or 50% of the primary dwelling"—and supervisors repeatedly singled out septic permitting and driveway/access safety as the principal local implementation concerns. One participant observed, "it says we can't deny these," underscoring that local regulation must fit within state limits.

Supervisors asked staff to draft verbiage that defines an ADU, sets size and setback limits, and clarifies that the primary residence must already exist before an ADU is approved. They emphasized a separate septic-permit application and testing (perch test/permit) would likely be required and discussed charging a smaller application fee than the current $500 land-use fee because ADU reviews would not require the same public-notice and publication costs. Board members also stressed the need to check driveway and shared-access implications and to coordinate reviews with other county offices before charging nonrefundable fees.

The board did not adopt final policy at the meeting but provided direction to county staff to draft ordinance language or a separate ADU ordinance, develop an application form and suggest a fee schedule, and report back for further action. The county’s auditor and planning staff were asked to confer with other counties and the Iowa State Association of Counties to see how peers are handling implementation.

Next steps: staff to prepare draft language and administrative procedures addressing septic, driveway/setback requirements and fees, and to return with recommendations at a future meeting.

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