by James C. Sherlock

Democrats have given Virginians the “freedom” to build:

• what Democrats want them to build,
• where Democrats want it built.  

They want single-family homeowners to be able to build an additional dwelling on their property in residential areas without having to comply with local residential zoning ordinances. So Governor Spanberger signed Senate Bill 531 Zoning; development and use of accessory dwelling units (ADUs) into law on April 13 to take effect in 2027.

The Pacific Legal Foundation (PLF) praised the law as: 

cutting red tape that had prevented property owners from making full use of their land. The new law, championed by the Commonwealth Housing Coalition and Pacific Legal Foundation, requires localities to permit ADUs in single-family zoning districts and caps permit fees at $500.

Let’s deconstruct that:

• The “property owners” affected are only single-family homeowners.  
• By “red tape,” PLF and its partner mean local government zoning restrictions.  
• The term “full use” is entirely misused. PLFs’ very own model state law, the “By-Right Housing Development Act,” includes the right to build single-family homes and multi-family housing units on an owner’s property, not just accessory dwelling units.  

It does nothing to ease rebuilding rules for homeowners who, using the L.A. example, lost their homes in fires or floods. So, let’s call it the “Two Houses, One For Rent, On Single-Family Lots” Act for accuracy. The law clearly intends for the ADUs to be rentals:

A. As used in this section, “accessory dwelling unit” or “ADU” means an attached or detached dwelling unit on a residential dwelling lot that:

1. Provides complete independent living facilities for one or more individuals;

2. Is located on the same lot as a proposed or existing primary residence; and

3. Includes facilities for living, sleeping, eating, cooking, and sanitation.

D. Localities shall allow at least one accessory dwelling unit located on a lot with a single-family dwelling in any part of the locality where the locality allows single-family dwellings.

Local ordinances:

• • may require that: no ADUs (be) sold separately or subdivided from the primary dwelling.
  • may require: a lease term for the rental of an ADU of 30 consecutive days or longer;
  • shall not require: consanguinity or affinity between the occupants of an ADU and the primary dwelling.  
  • shall not require: construction of new dedicated parking for an ADU, unless the ADU is located on a block where on-street parking is prohibited at all times for any reason, including ensuring access for emergency services, or payment of fees in lieu of constructing additional parking to accommodate an ADU.

So the Pacific Legal Foundation calls it a win for individual freedom that only single-family homeowners are “free” to build on their property only what the state wants them to build, and nothing else. Democratic dogma disguised as an expansion of property rights.

What this actually does is set a precedent for state control of zoning. Be afraid. Democrats voted for it. Almost all Republicans voted against it.

Feel liberated?