Clay County

ADU Pass helps homeowners in Clay County, Florida navigate the permit paperwork for building an accessory dwelling unit. We cover 5 cities and 7 ZIP codes in this county.

7 ZIP codes
5 Cities

County ADU details

County ADU ordinance

Clay County (county seat Green Cove Springs; largest population center Orange Park, immediately southwest of Jacksonville) regulates accessory dwelling units on unincorporated parcels through the Clay County Land Development Code (LDC). Clay is a suburban-growth county in the Jacksonville metropolitan statistical area with a population of approximately 230,000. The LDC permits accessory dwelling units in most residential zoning districts as accessory structures or guest houses, subject to lot-size and setback conditions; in some districts rental is limited by owner-occupancy provisions. Florida has no statewide ADU preemption; § 163.31771 FS is permissive only. Pending SB 48 / HB 313 (2026 session) would establish a statewide ADU floor with a December 1, 2026 conformance deadline if enacted.

Code citations:

State-floor overlay: Florida has no statewide ADU preemption as of April 2026. § 163.31771 FS is permissive only. Pending 2026 bills (SB 48 / HB 313) would impose a statewide floor; Clay's ordinance would need audit against the final statutory text if enacted (December 1, 2026 deadline in current drafts).

Adopting body: Clay County Board of County Commissioners

County permitting (unincorporated parcels)

Permits for ADUs on parcels in unincorporated Clay County are issued by the Clay County Building Department, working with the Department of Planning & Zoning on zoning-compliance review. Clay County has five incorporated municipalities (Green Cove Springs, Orange Park, Keystone Heights, Penney Farms, Lake Asbury in process). Unincorporated Clay contains large suburban and semi-rural areas including Fleming Island, Oakleaf, Middleburg, Lake Asbury, and Doctors Inlet.

DepartmentClay County Building Department and Planning & Zoning
Address477 Houston Street, Green Cove Springs, FL 32043

Process overview: An ADU on an unincorporated Clay parcel is permitted as a combined planning/building permit. Typical workflow: zoning-compliance review (lot size, setback, septic feasibility if unsewered), submission of construction drawings under Florida Building Code 2023, building plan review, wind-load review (Clay sits in approximately the 130-140 mph ASCE 7-22 ultimate design wind-speed zone — Risk Category II residential), issuance, construction with inspections, and certificate of occupancy. Floodplain parcels along the St. Johns River, Black Creek, and tributary corridors require elevation-certificate review. Septic-system parcels require FDOH Clay County office review.

Impact fees: Clay County levies transportation, schools, fire-rescue, and parks impact fees on new residential units. The Clay County School District impact fee is substantial given the school-age demographic growth of the Orange Park / Fleming Island / Oakleaf corridor. ADU additions in unity-of-title arrangements receive reduced fees compared to detached primary residences. (schedule)

County assessor

The Clay County Property Appraiser maintains parcel-level assessment records for all real property in Clay County. ADU additions are assessed as improvements to the host parcel; Florida's Save Our Homes 3% cap applies to the homesteaded primary residence portion, with the new improvement assessed at just value on completion.

NameClay County Property Appraiser
Address477 Houston Street, Green Cove Springs, FL 32043
Parcel lookupOnline lookup

Assessment policy: ADU additions are assessed at just value on completion; host homestead portion continues under Save Our Homes cap. No county-level ADU abatement or incentive.

County overlays (5)

Clay County administers floodplain, wetland, and St. Johns River corridor overlays. Clay does not have Atlantic-Gulf coastline but has extensive St. Johns River and Black Creek frontage. St. Johns River Water Management District jurisdiction covers the county's wetland and stormwater permitting. Camp Blanding Joint Training Center (Florida Army National Guard) occupies significant territory in southern Clay and imposes airspace/noise-compatibility considerations on nearby parcels.

  • FEMA Special Flood Hazard Areas (SFHA) — Clay participates in the NFIP. Parcels along the St. Johns River, Black Creek, Peters Creek, and Doctors Lake corridors face Zone A or AE designations. ADU construction in a mapped floodplain requires elevation-certificate review. Hurricane Irma (2017) produced significant Black Creek flooding that informed post-event map updates; Hurricane Ian (2022) produced additional flood impact.
  • St. Johns River Water Management District Environmental Resource Permits — Clay sits within SJRWMD jurisdiction. ADU site work affecting jurisdictional wetlands, adding a threshold area of impervious surface, or altering stormwater flow requires SJRWMD ERP. Clay's high water table and extensive wetland features on rural parcels make wetland delineation a common pre-construction requirement.
  • Hurricane Wind Zone — approximately 130-140 mph ultimate design wind speed — Clay sits in approximately the 130-140 mph ASCE 7-22 ultimate design wind-speed zone (Risk Category II residential). Inland relative to Atlantic/Gulf coastal counties but still requiring hurricane-rated construction details.
  • Camp Blanding Joint Training Center — airspace and noise compatibility — Camp Blanding (Florida Army National Guard) occupies much of southern Clay. Parcels within the noise-compatibility and accident-potential zones face additional review and, in some sub-zones, restrictions on residential density and occupancy types. An ADU on an affected parcel may require military-compatibility review.
  • Jennings State Forest and Conservation Lands — Jennings State Forest and related conservation lands occupy portions of northwestern Clay. Parcels adjacent to these lands face additional habitat-compatibility review and, for parcels inside Habitat Conservation Plan areas, species-protection requirements (gopher tortoise, red-cockaded woodpecker in some pine-flatwoods areas).

Known county issues (2)

  • policy-review — Both bills would impose a statewide ADU floor. Clay's ordinance, already relatively permissive in most suburban districts, would need audit against the final statutory text if enacted (December 1, 2026 conformance deadline in current drafts).
  • policy-review — Clay's Orange Park / Fleming Island / Oakleaf corridor has been one of the fastest-growing residential markets in Florida. School-district impact fees are substantial and can materially affect ADU economics, particularly for larger accessory units that might accommodate school-age children. Unity-of-title arrangements typically get reduced rates but the fee is still non-trivial.
Florida state — ADU law and programs

State ADU law

Florida does NOT currently have a statewide ADU preemption law in effect. Florida Statutes § 163.31771 (enacted 2004, last amended 2020) is permissive — it authorizes local governments to adopt ADU ordinances but does not require them to. ADU rules are therefore set municipality-by-municipality: Miami-Dade, Orlando, St. Petersburg, Tampa, and a growing set of Florida cities have their own ordinances; many smaller counties and cities still prohibit or restrict ADUs by default. A preemption bill (SB 48 / HB 313) is pending in the 2026 legislative session and is likely to pass given that its 2025 predecessor cleared the Senate 37-0 and House 97-10 before dying on a procedural amendment dispute.

  • Florida Statutes § 163.31771 — Accessory dwelling units — Permissive (not mandatory) statute. Defines an ADU as 'an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.' Authorizes — but does not require — local governments to adopt ordinances allowing ADUs in single-family residential zones. Contains no size caps, no owner-occupancy rules, no HOA preemption. All substantive rulemaking is local.

State financing programs

Florida Housing Finance Corporation (FHFC) does not operate an ADU-specific state loan or grant program. FHFC's primary affordable-housing lever at the ADU tier is the State Housing Initiatives Partnership (SHIP), which distributes state documentary-stamp-tax revenue to all 67 counties and 52 entitlement cities for locally-administered housing programs — some of which may fund ADU construction at the local level (notably Orange County's Affordable ADU Loan Program, run through the Orange County Housing Finance Trust). FHFC's FL Assist down-payment programs and HFA Preferred / HFA Advantage conventional loans apply to ADU-eligible primary residences but do not single out ADUs. Proposed CS/SB 1440 would create a state property-tax exemption of up to 100% of assessed value for an ADU rented at affordable rates.

State housing programs

Florida does not currently operate a statewide pre-approved ADU plan catalog (unlike California or Washington). State-level ADU implementation is driven by (a) the permissive § 163.31771 which lets willing jurisdictions adopt ordinances, (b) SHIP pass-through funding to local ADU programs (Orange County's Affordable ADU Loan Program is the model), and (c) the affordable-housing property-tax exemption under the Live Local Act (SB 102 / SB 328). The Department of Economic Opportunity (DEO) — now reorganized as the Department of Commerce — provides technical assistance to local governments but no statewide ADU-specific mandate or program. Major counties (Miami-Dade, Orange, Pasco, Hillsborough, Pinellas, Broward) have published their own ADU ordinances and guidance documents.

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.