United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-21-304, 2026

A specified municipality must adopt land use rules allowing detached accessory dwelling units on qualifying lots, and the rules may include certain limits and requirements but may not impose several listed restrictions.

Source excerpt

accessory dwelling unitsbuilding code compliancebuilding codesbuilding compliancebuilding dimensionsbuilding regulationconstructiondesign standardsfire code compliancefire codesgarage conversionhealth code compliancehealth codeshousingland uselot coveragemunicipal regulationon-site parkingparkingparking requirementspermittingproperty usesetbacksutility servicezoning

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2026
Dates: Enacted 2026 · Source version 1 Oct 2026

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Dates: Enacted 2026 · Source version 1 Oct 2026

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“A specified municipality must adopt land use rules allowing detached accessory dwelling units on qualifying lots, and the rules may include certain limits and requirements but may not impose several listed restrictions.”

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Detached accessory dwelling units.

Section 10-21-304

Subsection 10-21-304(3)

A land use regulation covered by Subsection (1) may not impose certain conditions or parking requirements for detached accessory dwelling units, and may not include conflicting design standards.

Section 10-21-304(3)

Subsection 10-21-304(4)(a)(iii)

be designed consistent with the design of the single-family dwelling;

Section 10-21-304(4)(a)(iii)

Subsection 10-21-304(4)(e)

No more than one accessory dwelling unit may be allowed on a lot or parcel.

Section 10-21-304(4)(e)

Subsection 10-21-304(5)(c)(ii)

relates to a detached accessory dwelling unit.

Section 10-21-304(5)(c)(ii)

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Source record from le.utah.gov · Enacted 2026 · Source version 1 Oct 2026

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Showing 36 of 36 provisions

Provision 36

Part 10-21-3

part 10-21-3 Provisions Unique to Residential Zones and Residential Units

§ 10-21-304Detached accessory dwelling units.Provision

Source excerpt

Detached accessory dwelling units. A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel. This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet. A land use regulation described in Subsection (1) shall: require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes. A land use regulation described in Subsection (1) may not: require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone; require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger; require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 . A land use regulation described in Subsection (1) may: require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling; prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days; require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel; require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site; prohibit more than one accessory dwelling unit on a lot or parcel; and prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements. This section does not supersede: a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit; prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.

Section 10-21-304Verify source

§ 10-21-304(1)Subsection 10-21-304(1)Provision

Source excerpt

A specified municipality must adopt a land use regulation allowing a detached accessory dwelling unit on qualifying lots of 11,000 square feet or larger with a single-family dwelling, if that dwelling is a permitted use.

A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel. This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet.

Section 10-21-304(1)Verify source

§ 10-21-304(1)(a)Subsection 10-21-304(1)(a)Provision

Source excerpt

A specified municipality must adopt a land use regulation allowing a detached accessory dwelling unit on qualifying lots or parcels.

Section 10-21-304(1)(a)Verify source

§ 10-21-304(1)(b)Subsection 10-21-304(1)(b)Provision

Source excerpt

A municipality is not prohibited from adopting a land use regulation allowing a detached accessory dwelling unit on a lot or parcel smaller than 11,000 square feet.

This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet.

Section 10-21-304(1)(b)Verify source

§ 10-21-304(2)Subsection 10-21-304(2)Provision

Source excerpt

A land use regulation under Subsection (1) must require detached accessory dwelling units to comply with applicable building, health, and fire codes.

A land use regulation described in Subsection (1) shall: require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes.

Section 10-21-304(2)Verify source

§ 10-21-304(2)(a)Subsection 10-21-304(2)(a)Provision

Source excerpt

A detached accessory dwelling unit must comply with applicable building, health, and fire codes.

require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and

Section 10-21-304(2)(a)Verify source

§ 10-21-304(2)(b)Subsection 10-21-304(2)(b)Provision

Source excerpt

The owner of a legally constructed accessory structure must be able to use a process to convert it into a detached accessory dwelling unit, subject to setback and building, health, and fire code requirements.

include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes.

Section 10-21-304(2)(b)Verify source

§ 10-21-304(2)(b)(i)Subsection 10-21-304(2)(b)(i)Provision

Source excerpt

dwelling and accessory structure setback requirements; and

Section 10-21-304(2)(b)(i)Verify source

§ 10-21-304(2)(b)(ii)Subsection 10-21-304(2)(b)(ii)Provision

Source excerpt

building, health, and fire codes.

Section 10-21-304(2)(b)(ii)Verify source

§ 10-21-304(3)Subsection 10-21-304(3)Provision

Source excerpt

A land use regulation covered by Subsection (1) may not impose certain conditions or parking requirements for detached accessory dwelling units, and may not include conflicting design standards.

A land use regulation described in Subsection (1) may not: require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone; require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger; require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 .

Section 10-21-304(3)Verify source

§ 10-21-304(3)(a)Subsection 10-21-304(3)(a)Provision

Source excerpt

A conditional use permit is required for a detached accessory dwelling unit in a primarily residential zone.

require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone;

Section 10-21-304(3)(a)Verify source

§ 10-21-304(3)(b)Subsection 10-21-304(3)(b)Provision

Source excerpt

Requires more than two on-site parking spaces for a detached accessory dwelling unit that is 650 square feet or larger.

require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger;

Section 10-21-304(3)(b)Verify source

§ 10-21-304(3)(c)Subsection 10-21-304(3)(c)Provision

Source excerpt

require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or

Section 10-21-304(3)(c)Verify source

§ 10-21-304(3)(d)Subsection 10-21-304(3)(d)Provision

Source excerpt

include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 .

Section 10-21-304(3)(d)Verify source

§ 10-21-304(4)Subsection 10-21-304(4)Provision

Source excerpt

A land use regulation may set design, size, setback, occupancy, parking, location, rental-term, unit-count, and utility-access limits for a detached accessory dwelling unit.

A land use regulation described in Subsection (1) may: require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling; prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days; require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel; require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site; prohibit more than one accessory dwelling unit on a lot or parcel; and prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements.

Section 10-21-304(4)Verify source

§ 10-21-304(4)(a)Subsection 10-21-304(4)(a)Provision

Source excerpt

A detached accessory dwelling unit must meet land-use, setback, and design-consistency requirements.

require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling;

Section 10-21-304(4)(a)Verify source

§ 10-21-304(4)(a)(i)Subsection 10-21-304(4)(a)(i)Provision

Source excerpt

Comply with applicable land use regulations on structure size, dimensions, height, and maximum lot coverage.

conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage;

Section 10-21-304(4)(a)(i)Verify source

§ 10-21-304(4)(a)(ii)Subsection 10-21-304(4)(a)(ii)Provision

Source excerpt

Setback requirements may take into account nearby property lines, structures, easements, window orientation, massing, and other elements.

conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and

Section 10-21-304(4)(a)(ii)Verify source

§ 10-21-304(4)(a)(iii)Subsection 10-21-304(4)(a)(iii)Provision

Source excerpt

be designed consistent with the design of the single-family dwelling;

Section 10-21-304(4)(a)(iii)Verify source

§ 10-21-304(4)(b)Subsection 10-21-304(4)(b)Provision

Source excerpt

A detached accessory dwelling unit may not be larger than the single-family dwelling on the same lot, be located in a public utility or other recorded easement, be in a front-yard area, or be rented for less than 90 consecutive days.

prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days;

Section 10-21-304(4)(b)Verify source

§ 10-21-304(4)(b)(i)Subsection 10-21-304(4)(b)(i)Provision

Source excerpt

larger in size than the single-family dwelling located on the same lot or parcel;

Section 10-21-304(4)(b)(i)Verify source

§ 10-21-304(4)(b)(ii)Subsection 10-21-304(4)(b)(ii)Provision

Source excerpt

located within a public utility easement or other recorded easement;

Section 10-21-304(4)(b)(ii)Verify source

§ 10-21-304(4)(b)(iii)Subsection 10-21-304(4)(b)(iii)Provision

Source excerpt

located in a front-yard area of a lot or parcel; or

Section 10-21-304(4)(b)(iii)Verify source

§ 10-21-304(4)(b)(iv)Subsection 10-21-304(4)(b)(iv)Provision

Source excerpt

rented for less than 90 consecutive days;

Section 10-21-304(4)(b)(iv)Verify source

§ 10-21-304(4)(c)Subsection 10-21-304(4)(c)Provision

Source excerpt

The lot or parcel owner must live in the detached single-family dwelling or the detached accessory dwelling unit on the lot or parcel.

require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel;

Section 10-21-304(4)(c)Verify source

§ 10-21-304(4)(d)Subsection 10-21-304(4)(d)Provision

Source excerpt

If a detached garage is converted into a detached accessory dwelling unit, the parking spaces for the single-family dwelling that were inside the garage must be replaced on-site.

require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site;

Section 10-21-304(4)(d)Verify source

§ 10-21-304(4)(e)Subsection 10-21-304(4)(e)Provision

Source excerpt

No more than one accessory dwelling unit may be allowed on a lot or parcel.

prohibit more than one accessory dwelling unit on a lot or parcel; and

Section 10-21-304(4)(e)Verify source

§ 10-21-304(4)(f)Subsection 10-21-304(4)(f)Provision

Source excerpt

A detached accessory dwelling unit is prohibited if it lacks adequate access to required utility services or if the connected system does not have enough capacity.

prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements.

Section 10-21-304(4)(f)Verify source

§ 10-21-304(4)(f)(i)Subsection 10-21-304(4)(f)(i)Provision

Source excerpt

the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or

Section 10-21-304(4)(f)(i)Verify source

§ 10-21-304(4)(f)(ii)Subsection 10-21-304(4)(f)(ii)Provision

Source excerpt

a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the

Section 10-21-304(4)(f)(ii)Verify source

§ 10-21-304(5)Subsection 10-21-304(5)Provision

Source excerpt

This section does not override certain land use regulations, development-agreement restrictions, or lawful administrative actions relating to detached accessory dwelling units.

This section does not supersede: a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit; prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.

Section 10-21-304(5)Verify source

§ 10-21-304(5)(a)Subsection 10-21-304(5)(a)Provision

Source excerpt

a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit;

Section 10-21-304(5)(a)Verify source

§ 10-21-304(5)(b)Subsection 10-21-304(5)(b)Provision

Source excerpt

prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or

Section 10-21-304(5)(b)Verify source

§ 10-21-304(5)(c)Subsection 10-21-304(5)(c)Provision

Source excerpt

a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.

Section 10-21-304(5)(c)Verify source

§ 10-21-304(5)(c)(i)Subsection 10-21-304(5)(c)(i)Provision

Source excerpt

is not prohibited by law; and

Section 10-21-304(5)(c)(i)Verify source

§ 10-21-304(5)(c)(ii)Subsection 10-21-304(5)(c)(ii)Provision

Source excerpt

relates to a detached accessory dwelling unit.

Section 10-21-304(5)(c)(ii)Verify source

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Utah Code § 10-21-304, 2026

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