Merced

Merced County portion

ADU Pass helps homeowners in Merced, Merced County, California navigate the permit paperwork for building an accessory dwelling unit. This area covers 3 ZIP codes.

3 ZIP codes
Merced County — county ADU rules and overlays

County ADU ordinance

Merced County is a Central Valley agricultural county (population ~290,000) along the State Route 99 corridor between Stanislaus County (north) and Madera County (south). The county seat is Merced city, home of UC Merced (the newest UC campus, opened 2005). Six incorporated cities: Merced, Atwater, Livingston, Gustine, Los Banos, and Dos Palos. Extensive unincorporated agricultural footprint plus the unincorporated communities of Hilmar-Irwin, Winton, Cressey, Snelling, Planada, Le Grand, Santa Nella, Volta, Stevinson, El Nido, and South Dos Palos. The county Board of Supervisors administers ADUs in unincorporated areas under California Government Code Sec. 65852.2 and 65852.22 (state ADU preemption, as amended by AB 68/881, SB 13, AB 670/3182, AB 2221/SB 897, AB 976, and AB 1033). The county code addresses ADUs and JADUs through ministerial 60-day review consistent with state preemption. Merced County's permitting environment is dominated by Williamson Act agricultural-preserve coverage (the county is one of the most heavily Williamson-Act-covered counties in California - well over half of the unincorporated land area is under contract), Central Valley irrigated-agriculture parcel patterns, and dairy/feedlot operational siting that creates ADU placement constraints near commercial agricultural operations.

State-floor overlay: California state ADU preemption applies in full. AB 1033 condo-conversion election is at the county's option and Merced County has not adopted it as of last check. AB 976 prohibits owner-occupancy mandates on detached ADUs through 2025 expiry. HCD oversight: any county ordinance amendment must be submitted to HCD within 60 days of adoption per Sec. 65852.2(h). Williamson Act parcels are subject to the Act's 'compatible use' framework which permits ADUs (residential structures supporting the principal agricultural use) but constrains commercial-scale residential development.

County regulatory overlays

Merced County overlays of consequence: Williamson Act agricultural preserve coverage on a majority of unincorporated parcels (a defining characteristic of the county); SJVAPCD federal nonattainment area for PM2.5 and ozone; SGMA-overdrafted groundwater subbasins (Merced, Chowchilla) under critically-overdrafted designation; FEMA SFHA along the San Joaquin River, Merced River, Mariposa Creek, and tributary drainages; CAL FIRE State Responsibility Area along the eastern foothills (very high FHSZ in the Sierra foothill toe); the San Luis National Wildlife Refuge Complex (San Luis NWR, Merced NWR, Kesterson NWR) on the western county; the Merced National Wildlife Refuge winter-grounds for sandhill cranes; and UC Merced campus / Merced Vernal Pools and Grassland Reserve (UC Natural Reserve System) on the eastern flank near the Lake Yosemite area.

County permitting (unincorporated parcels)

The Merced County Department of Community and Economic Development - Planning Division issues ADU permits in unincorporated areas. Practical permitting frictions: Williamson Act compatibility review (the dominant constraint - much of unincorporated Merced County is under agricultural preserve contracts), San Joaquin Valley Air Pollution Control District (SJVAPCD) air-quality requirements (the SJV is a federal nonattainment area for PM2.5 and ozone), Sustainable Groundwater Management Act (SGMA, Water Code Sec. 10720 et seq.) groundwater-basin restrictions affecting well permits in critically-overdrafted subbasins (Merced is in the Merced and Chowchilla SGMA subbasins, both critically overdrafted), CAL FIRE State Responsibility Area along the eastern foothills toward Mariposa County, and dairy/feedlot operational-setback rules that interact with ADU placement near commercial operations.

DepartmentMerced County Community and Economic Development - Planning
Address2222 M Street, Merced, CA 95340
Phone209-385-7654
California state — ADU law and programs

State ADU law

California has the most aggressive statewide ADU preemption regime in the US, built from ~15 bills passed 2019-2025 and enforced by the Department of Housing and Community Development (HCD). The 2026 HCD ADU Handbook addendum (in effect with the 2025 Title 24 code cycle) is the operative state-level reference. The regime does four things at once: (1) preempts local zoning that would ban or unreasonably restrict ADUs; (2) imposes by-right ministerial approval with short statutory deadlines; (3) caps fees and utility-connection charges; and (4) empowers HCD to void non-compliant local ordinances.

State HOA preemption

California has the strongest statewide HOA-preemption regime in the US for accessory dwelling units, built from two bills: AB 670 (2019) voided ADU-prohibiting covenants on single-family residential lots, and AB 3182 (2020) extended and codified the preemption into the Davis-Stirling Common Interest Development Act (Civil Code §§ 4740 / 4741). The combination prohibits common-interest communities from banning ADUs, restricting rentals below 25% of separate interests, or treating ADUs as separate HOA interests. Limits remain: HOAs retain authority over reasonable design standards and statutory height limits, and the 2026 Carlsbad case (CalMatters coverage) established that an HOA's documented design-standards regime can effectively delay or constrain ADU approval short of outright prohibition.

State financing programs

California's flagship state-level ADU financing program — the CalHFA ADU Grant Program — is paused and has not been refunded since the original $100 million allocation was fully deployed 2023-12-28. The program provided up to $40,000 per qualifying homeowner for pre-construction and non-recurring closing costs and financed approximately 2,500 ADUs in two rounds. As of 2026-04, no new funding round has been announced in the state budget. CalHFA continues to publish anti-scam warnings because bad actors actively solicit homeowners claiming access to grant funds that no longer exist. State-level financing activity has shifted to local pilot programs (San Francisco, San Jose, Los Angeles, San Diego) and private financing products (Fannie Mae ADU mortgage, HELOC, construction-to-permanent).

State housing programs

California's state-level ADU programs are concentrated at HCD (technical guidance, ordinance review, enforcement) and the paused CalHFA grant pipeline (covered under stateFinancing). The state does not operate a central pre-approved ADU plan library — instead, AB 1332 (2024) created a preemption framework for local pre-approved plans with a 30-day ministerial-approval deadline, and major cities (Los Angeles, San Diego, San Jose, Sacramento, Berkeley) have rolled out their own plan catalogs. The California YIMBY coalition and other housing-policy organizations play an influential role in bill drafting; they are not state agencies but effectively drive much of the ADU legislative agenda. The Title 24 code cycle (now 2025, in effect for 2026 permits) is the authoritative building-code baseline.

Federal (United States) — ADU-relevant rules and programs

Federal ADU law

The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.

Federal financing programs

Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.

Federal tax credits

There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.

Federal housing programs

HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.

ZIP Codes

  • 95340
  • 95341
  • 95348

Post Office

  • 2334 M St, 95340
  • 415a W 18th St, 95340

Locale Names

  • Bell