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.
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 2026-10-01Two 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)
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.
| City | Cap | Measures | After 10/1 |
|---|---|---|---|
| Draper | 50% of primary | Floor area | Preserved |
| Taylorsville | 75% of primary | Footprint | Preserved |
| South Salt Lake | 50% of primary | Floor area | Preserved |
| Mapleton | 1,000 sq ft | Floor area | Preserved |
| Lindon | 1,500 sq ft or 40%, lesser | Floor area | Preserved |
| Herriman | 1,000 sq ft and ≤ primary | Floor area | Preserved |
| Holladay | 800–1,400 by lot band | Footprint | Preserved |
| Eagle Mountain | 1,200 sq ft | Floor area | Preserved |
| Payson | 1,200 sq ft | Floor area | Preserved |
| Vineyard | 1,200 sq ft | Floor area | Preserved |
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.
| Clause | Ground | Where 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 |
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.
| City | What the current code says | After 10/1 |
|---|---|---|
| Sandy | Guesthouse only, no rental at any lot size, conditional use, 20,000 sq ft | Preempted |
| Orem | Unit "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 Fork | Internal only — interior access must be maintained | Preempted |
| Taylorsville | Internal only; detached guesthouse "shall not be rented" | Preempted |
| South Jordan | Guesthouse requires 14,520 sq ft | Floor → 11,000 |
| Draper | Detached ADU requires 12,000 sq ft | Floor → 11,000 |
| Cottonwood Heights | Conditional use permit ~$1,100 plus two added parking spaces | CUP 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.
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.
- Primary — the statute Utah Code § 10-21-304, Detached accessory dwelling units — the operative text, effective 10/1/2026.
- Primary — definitions Utah Code § 10-21-101 — the "specified municipality" test at subsection (25).
- Primary — the bill S.B. 284, Local Land Use Modifications, 2026 General Session — status, votes and every substitute version.
- Primary — enrolled text S.B. 284, 6th Substitute (PDF) — the version that carried, enacted as Chapter 166.
- Related statute Utah Code § 10-20-618 — cross-referenced by § 10-21-304(3)(d), which bars ADU design standards conflicting with it.
- Secondary — city comparison Utah ADU Builders — Utah ADU rules by city — internal vs. detached rules across jurisdictions.
- Secondary — homeowner framing Redsign — Utah just changed the rules on backyard homes — a short consumer-side summary, useful to forward to an owner.
- Secondary — contractor framing Stoneward Construction — SB 284 — notes the HOA and short-term-rental limits the statute leaves alone.
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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