Workgroup, Lawmakers Fine-Tuning Accessory Dwelling Unit Proposal

Garage-turned-apartments, carriage houses, in-law suites — all are accessory dwelling units (ADUs). Whatever they’re called, ADUs are seen by some as a fix to affordable housing options or a way to meet the needs of specific families.

But the versatile form of housing isn’t always encouraged by locals or officials and little regulatory guidance exists for their approval around the state.

An ADU with alley access in Richmond’s Fan neighborhood. (Wyatt Gordon)

Following the continuation of proposals to frame such guidance during Virginia’s most recent legislative session, a workgroup in the state’s Housing Commission is fine-tuning ideas for how to get a law on the books in the future.

“It was never supposed to get out of committee, is what I was told. And somehow [it] got out of committee to get bipartisan support,” said Sen. Saddam Salim, D-Fairfax, a freshman delegate carrying a bill that would have required local zoning ordinances for ADUs, which had been unsuccessful in a previous session.

Salim’s bill cleared the Senate with bipartisan votes before failing in a House committee. That same committee also stopped a similar measure from Del. Kannan Srinivasan, D-Loudoun. But rather than be defeated totally, they were “continued to 2025.”

Now, Salim is optimistic that after workshopping from the Housing Commission, a future version of the bill can go on to become law. The trick will be balancing local government authority with state-level guidelines for ADUs.

In her own district — which encompasses rural and urban areas with different residential needs — workgroup chair Del. Carrie Coyner, R-Chesterfield, sees the challenge if state law were to more rigidly regulate ADUs.

It’s why she believes there’s some consensus building on taking a guideline approach that localities could implement. Salim is eager to see what comes of the workgroup.

“I think there’s going to be some consensus on ‘what does local authority look like?’ when the bill comes back,” Salim said. “I’m super excited about that.”

Why do ADUs matter?

ADUs may serve different purposes for Virginia communities’ differing needs.

“Sometimes folks build them to have a rental income, to age in place, to help someone recovering from an injury or illness or to house multiple generations on the same property,” said former Charlottesville delegate  Sally Hudson, who’d carried a previous version of the bill.

Hudson had seen inspiration for the legislation in her district, as demand for housing had increased in the Charlottesville area.

Likewise, Salim noted how job growth in his Northern Virginia district has contributed to a higher need for housing that isn’t always being met through construction of new homes and apartments. Allowing for ADUs could at least help, he said.

“This is not going to solve the housing crisis that we have,” Salim said. “This is going to sort of ease some of the issues that we already have right now.”

ADUs aren’t a one-size-fits-all approach to increasing housing stock or affordability. But they offer flexibility for families or communities who may want them.

In some places, they’re allowed to be constructed by-right, or without seeking local permits in residentially-zoned areas.

Rockingham County, for example, allows this. About 90 ADUs were built in the county over the past seven years, allowing housing for a range of people, from farm workers to students and tourists, who can rent them when needed.

Local infrastructure has made their construction a little easier in Rockingham where many properties are on private wells and use septic tanks, but constructing ADUs in other places may require expanding sewage lines and utility setups. It’s considerations like these that are a part of why some people may oppose ADUs, or wish for local authority over how to regulate them.

So, what’s next?

In the short term, the workgroup is planning to explore how localities could allow for ADUs within their comprehensive plans without fully requiring them to develop local zoning ordinances for them.

Comprehensive plans are guiding documents for localities’ urban planning that the state requires they update every few years.

Coyner, the ADU workgroup’s chair, said she hopes to “ensure that localities couldn’t stick their head in the sand and not address the need for accessory dwelling units” and also “allow them to have the flexibility based on the differences and nuances in localities.”

The full Housing Commission is set to meet on July 15, where the Virginia Department of Housing and Community Development is expected to present data. Coyner anticipates the ADU work group will meet again later in July to utilize that data in its next steps.

by Charlotte Rene Woods, Virginia Mercury

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