Pearson Partners

Statute Brief

What Does Utah's New ADU Law Actually Require?

From October 1, 2026, every specified municipality in Utah must permit a detached ADU on any lot of 11,000 square feet or larger that holds a single-family home.

Utah Code § 10-21-304 Enacted Ch. 166, 2026 General Session Effective 2026-10-01

01What the Law Does

It is a mandate, not an encouragement. Cities do not get to opt out.

"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."

Utah Code § 10-21-304(1)(a), effective 2026-10-01

Two consequences are easy to miss. The 11,000 sq ft figure is a floor on city restrictions, not a target — subsection (1)(b) preserves a city's ability to allow detached units on smaller lots, and Salt Lake City has no minimum at all. And subsection (2)(b) requires every covered city to publish a process for converting an existing legally built accessory structure into a dwelling. That language is mandatory, and it puts garage and shop conversions on the table everywhere.

Subsection (3) then strips three levers cities used to make these projects uneconomic. No conditional use permit in a primarily residential zone. No more than two parking spaces at 650 sq ft or larger, one below. No design standards conflicting with § 10-20-618.

The CUP bar is the sleeper. A conditional use permit means a hearing, a discretionary vote, and months of carry. Removing it turns an ADU from a political process into an administrative one — worth more to a schedule than the lot-size mandate itself.

02Which Cities It Binds

"Specified municipality" is a defined term, and narrower than every city in Utah.

"'Specified municipality' means: (a) a city of the first, second, third, or fourth class; or (b) a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class."

Utah Code § 10-21-101(25)

That captures essentially the entire Wasatch Front. We ran the two-part test against the state municipal class list for all 34 cities we cover in Salt Lake and Utah County; every one qualifies.

Outside it: unincorporated county land, which follows a different chapter entirely, and small fifth-class towns in fourth-class or smaller counties. Their existing ordinances still govern.

03Preempted vs. Preserved

This split decides whether a lot pencils. Subsection (1) governs whether you may build; subsection (4) governs how big and where. Subsection (4) is a permissive list — what a city may still do to you.

Preempted 10/1/2026

  • Outright bans (1)(a)
  • Lot minimums above 11,000 sq ft (1)(a)
  • Conditional use permits in residential zones (3)(a)
  • Parking above 2 spaces at 650+ sq ft, 1 below (3)(b)–(c)
  • Design standards conflicting with § 10-20-618 (3)(d)
  • Rental bans — only a 90-day minimum term survives (4)(b)(iv)

Cities keep

  • Setbacks, easements, window orientation, massing (4)(a)(ii)
  • Size, dimension, height, lot coverage (4)(a)(i)
  • A cap at no larger than the house (4)(b)(i)
  • Design consistency with the primary dwelling (4)(a)(iii)
  • Front-yard exclusion (4)(b)(iii)
  • Owner-occupancy of either unit (4)(c)
  • One ADU per lot (4)(e)
  • Replacement parking on garage conversion (4)(d)
The guesthouse pattern

Several cities permit a detached "guesthouse" with a full kitchen and then forbid renting it. Sandy's code limits one to "the occupants of the principal dwelling or their nonpaying guests." That survives no better than a flat ban: (4)(b)(iv) offers a minimum duration as the one rental restriction available, which presupposes renting is otherwise protected.

It matters because the restriction sits on use, not dimensions. The lot passes on size, setback and access. Screening on geometry alone will not surface it.

04Why Size Caps Decide the Deal

Size caps are not preempted. Subsections (4)(a)(i) and (4)(b)(i) expressly preserve city authority over size, height and lot coverage. Unlike the prohibitions, they do not expire on October 1.

This is the gap between "qualifies" and "worth pursuing." Across our measured Salt Lake and Utah County data, 73.7% of qualifying lots have room for a pad larger than the entire existing house. On those parcels the city cap, not the back yard, sets the deliverable unit.

Size caps in city code — verified against ordinance text
CityCapMeasuresAfter 10/1
Draper50% of primaryFloor areaPreserved
Taylorsville75% of primaryFootprintPreserved
South Salt Lake50% of primaryFloor areaPreserved
Mapleton1,000 sq ftFloor areaPreserved
Lindon1,500 sq ft or 40%, lesserFloor areaPreserved
Herriman1,000 sq ft and ≤ primaryFloor areaPreserved
Holladay800–1,400 by lot bandFootprintPreserved
Eagle Mountain1,200 sq ftFloor areaPreserved
Payson1,200 sq ftFloor areaPreserved
Vineyard1,200 sq ftFloor areaPreserved

Three things to check before drawing. Floor area or footprint is a per-city question — Taylorsville and Holladay cap footprint, most others cap floor area. The cap limits the unit, not the pad, so a two-story design delivers capped square footage on half the ground. And no cap in the code means no cap: subsection (4) is permissive, so a city is not obligated to adopt one and there is no statutory default.

05How a City Still Says No

A qualifying lot is not an approved lot. Four exits survive October 1, and three are invisible in parcel data.

Surviving grounds for denial
ClauseGroundWhere you find it
(4)(f)(i) No adequate access to a required utility — sewer, culinary water, electrical, storm water Utility will-serve letter
(4)(f)(ii) The system improvement you must connect to lacks capacity for the added unit City engineering
(5)(b) Prohibitions in a development agreement signed on or before May 6, 2026 are grandfathered Recorded MDA; title work
Private CC&Rs. The statute binds municipalities, not HOAs, and does not void a recorded covenant Title report; HOA docs
The development-agreement carve-out

Subsection (5)(b) is the sharp edge. Master-planned communities under an agreement signed on or before May 6, 2026 keep their ADU prohibitions outright. In Eagle Mountain roughly 90% of residential parcels sit under named master development agreements — a lot there can clear size, setbacks and access and still be prohibited by a document recorded years ago.

No parcel-level dataset covers this. It lives in recorded documents and title work, which is why we treat it as a disclosure item rather than something computable from public data.

06Cities Still Out of Compliance

About 20% of the qualifying lots we measure sit in a city whose published ordinance would currently refuse the unit. Every one of those restrictions conflicts with § 10-21-304 and lifts on October 1.

Ordinance status reviewed 2026-08-15 — a timing statement, not an exclusion list
CityWhat the current code saysAfter 10/1
SandyGuesthouse only, no rental at any lot size, conditional use, 20,000 sq ftPreempted
OremUnit "must be part of the footprint of the primary structure"Preempted
Highland"Shall not be permitted in detached accessory buildings"Preempted
Saratoga Springs"External ADUs (detached apartments) are not allowed"Preempted
American ForkInternal only — interior access must be maintainedPreempted
TaylorsvilleInternal only; detached guesthouse "shall not be rented"Preempted
South JordanGuesthouse requires 14,520 sq ftFloor → 11,000
DraperDetached ADU requires 12,000 sq ftFloor → 11,000
Cottonwood HeightsConditional use permit ~$1,100 plus two added parking spacesCUP barred

Cities are already moving, and landing on the statutory number rather than fighting it. Lehi cut its detached floor from 14,520 to 11,000, framed in council materials as state requirements. West Valley City enacted a detached section at 11,000 in June 2026. Herriman rewrote its ADU chapter in May. Of every city we caught mid-amendment, all landed exactly on the statutory floor.

A late city does not make the unit illegal

An ordinance conflicting with a state mandate is unenforceable whether or not the city has rewritten its text. Lateness costs time at the counter — a clerk on stale code, an extra review cycle — not the right to build. Expect published city FAQ pages to lag adopted code; Lehi's still showed 22,000 sq ft after the council moved to 11,000. Read the ordinance, not the handout.

07What Changes in Practice

On October 1 a large block of Wasatch Front lots moves from "ask permission and hope" to "meets the standards, issue the permit." The bottleneck shifts from entitlement to finding the lots.

Of the ADU permits we mined from the one Utah city that publishes them openly, 92.5% were pulled by the homeowner rather than a contractor. That is a market currently served by owner-builders and small remodelers. Homeowner-facing coverage of this law is heavy and growing, so owners are reading that they may now have a path — while very few know whether their own lot clears 11,000 sq ft, let alone whether anything fits once setbacks apply.

Lot Size Is a Filter, Not an Answer

Clearing 11,000 sq ft gets a parcel past the statutory gate and says nothing about whether a unit fits. What decides that is the rectangle left after the house, garage, shed, setbacks and front-yard exclusion are subtracted — and whether equipment and a utility trench can reach it. Those are measurements, not lookups, and the size test alone passes far more parcels than survive the rest.

Three Angles Worth Pricing Before October

  • Accessory-structure conversions. Subsection (2)(b) forces every covered city to publish a conversion path. Existing slabs and roofs on lots that already clear the floor, at a lower basis and shorter schedule.
  • The cities that are behind. Sandy, Orem, Highland, Saratoga Springs, American Fork and Taylorsville hold a large share of qualifying lots and a field that still believes the market is closed. The preemption date is fixed and public.
  • Two-story product under generous caps. Where a city caps floor area, stacking doubles deliverable square footage on a constrained pad. Where it caps footprint — Taylorsville, Holladay — it does not.

08Sources

Every statutory quotation here is taken from the code text at le.utah.gov rather than secondary coverage. Start with the statute.

Where secondary sources conflicted with the code, we followed the code. Two live examples: several summaries describe cities as retaining broad authority over minimum lot size, which (1)(a) preempts above 11,000 sq ft; and at least one treats size caps as locally negotiable without noting that (4)(a)(i) and (4)(b)(i) affirmatively preserve them. Both change a pro forma.

Which of These Cities Do You Build In?

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Important Disclaimers:

This page is a summary of a statute, not legal advice. Pearson Partners is not a law firm. Utah Code § 10-21-304 is quoted here from the published code text, but a summary is not a substitute for reading the statute, and no summary can tell you how a particular city will apply it to a particular lot. Confirm every rule with the city and every legal question with a licensed Utah attorney.

Ordinance status changes. The city-by-city figures on this page were verified against ordinance text on the dates noted and cities are actively amending ahead of the October 1 effective date. Published city FAQ pages routinely lag adopted code. Re-verify before you act.

Qualifying is not permitting. A lot that clears 11,000 square feet and the applicable setbacks is not thereby approved. Utility capacity, recorded easements, development agreements signed on or before May 6 2026, private CC&Rs, soils, floodplain, fire access and impact fees are all settled outside this statute, and nothing here substitutes for the city counter.

Statute text current as of 2026-08-27. City ordinance review dated per table. © 2026 Pearson Partners.