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County staff to draft ordinance after state ADU law; board to consider optional elements and timeline

Madison County Board of Supervisors · April 29, 2026
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Summary

Madison County planning staff will draft local ordinance language to implement a newly signed state law requiring accessory dwelling units (ADUs) be permitted by right in single‑family residential districts. Staff said the state law takes effect July 1, 2027; board members discussed whether to expand ADU allowances into agricultural districts.

Madison County planning staff will draft local ordinance language to implement a recently signed state bill that requires accessory dwelling units (ADUs) to be permitted by right in residential districts that allow single‑family dwellings.

Planning & Zoning Administrator Mr. Nichols told the board the state bill requires ADUs as‑of‑right in applicable residential zoning districts and appears not to mandate ADUs in agricultural zoning. "A bill has been signed by the governor requiring that accessory dwelling units be permitted by right in all of the residential zoning districts which permit single family dwelling," Nichols said. He added that the bill includes optional elements localities may adopt and elements localities may not require; staff will identify these specifics as part of a draft local ordinance.

Supervisors expressed interest in considering broader local options — for example, whether ADUs should be allowed in certain agricultural or conservation lots — but acknowledged much of that discussion will be shaped by the bill’s mandatory and prohibited elements. Nichols said staff can prepare draft ordinance language for Planning Commission review and a proposal to present to the board in coming weeks; the state law becomes effective July 1, 2027.

What’s next: Staff will continue research, coordinate a targeted working group (some supervisors recommended reconstituting a small task force), and bring a draft ordinance and Planning Commission workshop dates to the board for review.