by James C. Sherlock
Democrats have given Virginians the โfreedom” to build:
- what Democrats want them to build,
- where Democrats want it built. ย
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.
Letโs deconstruct that:
- The “property owners” affected are only single-family homeowners. ย
- By โred tape,โ PLF and its partner mean local government zoning restrictions. ย
- The term โfull use” is entirely misused. PLFsโ 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. ย
It does nothing to ease rebuilding rules for homeowners who, using the L.A. example, lost their homes in fires or floods. So, letโs call it the โTwo Houses, One For Rent, On Single-Family Lotsโ Act for accuracy. The law clearly intends for the ADUs to be rentals:
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