Modoc County
ADU Pass helps homeowners in Modoc County, California navigate the permit paperwork for building an accessory dwelling unit. We cover 10 cities and 10 ZIP codes in this county.
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County ADU details
County ADU ordinance
Modoc County is California's far-northeast-corner county (population ~8,700, the second-least populous CA county after Alpine), bordered by Oregon to the north and Nevada to the east. The county seat is Alturas (the only incorporated city, population ~2,700). The county is dominated by federal land - the Modoc National Forest, Lava Beds National Monument, Modoc National Wildlife Refuge, BLM Surprise Resource Area, and Clear Lake National Wildlife Refuge together cover the great majority of land area. Unincorporated communities include Adin, Cedarville, Eagleville, Fort Bidwell, Lake City, Likely, Lookout, New Pine Creek, Tulelake (which sits partially in Siskiyou County, with most population in Siskiyou), and the Newell-Tulelake corridor area. 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 through ministerial 60-day review consistent with state preemption. Practical permitting frictions are dominated by federal-land adjacency (most parcels abut Forest Service or BLM land), severe winter snow loads at high desert elevation (~4,500 ft to 6,000+ ft), short construction season (typical practical window is May to October), and septic/well dependence outside the small Alturas service area.
Code citations:
- Modoc County Code Title 11 - Zoning, ADU/JADU provisions
- Cal. Gov't Code Sec. 65852.2 (Accessory Dwelling Units)
- Cal. Gov't Code Sec. 65852.22 (Junior Accessory Dwelling Units)
State-floor overlay: California state ADU preemption applies in full. AB 1033 condo-conversion election is at the county's option and Modoc 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). Federal lands (Modoc NF, Lava Beds NM, Modoc NWR, BLM Surprise) are outside county zoning - residential structures on federal land require federal special-use authorization, not county building permits.
Adopting body: Modoc County Board of Supervisors
County permitting (unincorporated parcels)
The Modoc County Planning and Building Department issues all ADU permits in unincorporated areas (the great majority of the county outside Alturas city limits). Practical permitting frictions: federal-land adjacency (most private parcels are checkerboarded with or adjacent to Forest Service / BLM land - access easements, fire-defensible-space coordination with federal fire crews, and federal Endangered Species Act consultation may apply on parcels near sensitive habitat), severe winter snow loads (design loads of 50-90 psf depending on elevation), short construction window, septic/well dependence with deep groundwater requiring purpose-drilled wells in the South Warner / Surprise Valley areas, and very limited contractor availability (Alturas-based contractors are few; most projects rely on contractors traveling from Klamath Falls OR or Reno NV).
Process overview: Standard ministerial 60-day review per Sec. 65852.2(b) for compliant ADU applications. The department's small staff (single-digit FTE) typically reviews quickly when applications are complete. Septic/well parcels require Environmental Health review (well permit, percolation test, septic system design). Parcels in the State Responsibility Area along the Warner Mountains and Devils Garden plateau require Chapter 7A ignition-resistant construction. Federal-adjacent parcels may require coordination with the Modoc National Forest or BLM Surprise Field Office on access easements, fire defensible space, and (in the small set of parcels near sage-grouse priority habitat) federal habitat consultation under the Endangered Species Act / candidate-species framework.
Impact fees: SB 13 fee waivers apply to ADUs under 750 sqft (no impact fees). Larger ADUs are charged proportionally to the primary dwelling. School district fees apply to ADUs over 500 sqft per Education Code Sec. 17620 (Modoc Joint USD covers most of the county; Tulelake Basin JUSD overlaps the western county).
County assessor
The Modoc County Assessor's Office maintains parcel-level assessment records for the entire county. ADU additions on unincorporated parcels are captured as improvements via shared permit data with the Planning and Building Department. California Proposition 13 caps base-year valuation increases at 2 percent per year on the existing structure; new improvement value (the ADU) is added as a separate line item assessed at fair market value at completion. Modoc County's small assessment roll (under 11,000 parcels including significant unimproved high-desert ranching parcels) means assessor response times are typically fast. Federal land (Modoc NF, Lava Beds NM, Modoc NWR, BLM, Clear Lake NWR) generates no assessment roll because federal land is not taxable.
Assessment policy: ADU improvement value is added on the next regular revaluation cycle following completion, not at permit issuance. Per Prop 13, the ADU's value is taxed at 1 percent of fair market value at completion (plus voter-approved local rates), while the existing structure remains at its base-year value plus 2 percent annual cap. Conversion ADUs (within existing structure) typically generate smaller incremental assessments than new detached ADUs. Williamson Act ranching contracts under Cal. Gov't Code Sec. 51200 cover significant Surprise Valley and Big Valley ranching parcels.
County overlays (5)
Modoc County overlays of consequence: extensive federal land coverage (Modoc National Forest, Lava Beds National Monument, Modoc National Wildlife Refuge, BLM Surprise Resource Area, Clear Lake National Wildlife Refuge - together covering the majority of the county and outside county zoning entirely); CAL FIRE State Responsibility Area along Warner Mountains and Devils Garden (Very High and High FHSZ); FEMA SFHA along the Pit River, North Fork Pit River, South Fork Pit River, Goose Lake (intermittent), and Surprise Valley playas; greater sage-grouse priority habitat overlay across South Warner / Surprise Valley sagebrush-steppe (federal candidate-species consultation potential); Williamson Act ranching contracts in Surprise Valley and Big Valley; and the seasonally-flooded Tule Lake / Lower Klamath agricultural-lease parcels in the western corner straddling the Siskiyou County line.
- Modoc National Forest / Lava Beds National Monument / Modoc NWR / BLM Surprise / Clear Lake NWR
- CAL FIRE State Responsibility Area / Warner Mountains and Devils Garden FHSZ
- FEMA SFHA - Pit River, Goose Lake, Surprise Valley playas
- Greater sage-grouse priority habitat (South Warner / Surprise Valley)
- Williamson Act ranching contracts - Surprise Valley and Big Valley
Known county issues (3)
- staffing-shortage — Modoc County Planning and Building is staffed at very small scale (single-digit FTE total) consistent with the county's tiny population. The department generally moves quickly when applications are complete, but contractor availability is a far larger practical bottleneck than county staff - most projects rely on contractors traveling from Klamath Falls OR or Reno NV.
- other — Federal-land adjacency: the great majority of private parcels in Modoc County abut Forest Service or BLM land. Access easements, fire-defensible-space coordination with federal fire crews, and (on a small set of parcels near sage-grouse priority habitat) federal habitat consultation can add coordination steps not present in counties without federal-land adjacency.
- other — Climate constraints: severe winter snow loads (50-90 psf design depending on elevation) and short construction window (May to October typical) mean ADU project schedules in Modoc County effectively span two construction seasons unless owners commit to winter exterior shell completion. Plumbing and septic-system installations are not workable in frozen ground.
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.