Hatch

Utah preempts municipal and county zoning for INTERNAL accessory dwelling units (IADUs) — ADUs created within the footprint of an owner-occupied primary single-family dwelling for long-term (30+ day) rental. Under HB 82 (2021), IADUs are a PERMITTED use by right in any area zoned primarily for residential use, codified at Utah Code §§ 10-9a-530 (municipalities) and 17-27a-526 (counties). Local governments may opt out of the requirement in zones covering up to 25% of the area zoned primarily for residential use (or 67% in cities with a university and a student population of 10,000+). Internal ADUs are also exempted from impact fees by Utah Code § 11-36a-202. The state has NOT yet preempted DETACHED (external) ADU regulation — those remain a local-zoning question. Multiple 2025 bills (Rep. Ray Ward's HB 88 / HB 90) that would have extended preemption to detached ADUs and small-lot single-family units stalled in the House Political Subdivisions Committee. SB 284 (2026) advanced a narrower detached-ADU allowance limited to lots 11,000 sqft or larger.

Utah's HOA preemption is narrower than California's AB 3182. It targets only IADUs and splits the analysis: rental restrictions are fully voided (rules and CC&Rs alike); construction restrictions are voided only at the rule level, leaving CC&Rs enforceable. Detached ADUs are entirely outside the preemption — an HOA can ban detached ADUs by rule or CC&R without conflict with state law.

Utah's primary state housing finance vehicle is the Olene Walker Housing Loan Fund (OWHLF), administered by the Department of Workforce Services Housing & Community Development Division under Utah Code Title 35A Chapter 8 Part 5. OWHLF historically funds gap financing for affordable multifamily projects and preservation of affordable units; it is not consumer-facing for individual ADU construction loans. HB 82 (2021) directed the creation of an IADU-specific incentive/loan program but the vehicle has not been heavily capitalized as a standalone consumer loan; in practice, IADU financing is delivered through conventional renovation/cash-out-refinance products from Utah Housing Corporation (the state's housing finance agency) and from credit unions and banks. UHC offers FirstHome and HomeAgain loan programs that can be combined with rehab financing for IADU work as part of a primary-residence purchase or refinance, but UHC has no dedicated 'ADU loan' product.

• Olene Walker Housing Loan Fund (OWHLF)
• Utah Housing Corporation (UHC) — FirstHome / HomeAgain / Score loans
• Department of Workforce Services Housing Programs umbrella

Utah has NO statewide pre-approved ADU plan library (some individual cities — notably Salt Lake City — publish a city-level pre-approved plan set). The state's main ADU-relevant statewide program is the IMPACT-FEE EXEMPTION for internal ADUs under Utah Code § 11-36a-202 (added by HB 82, 2021) — every municipality and county is barred from charging impact fees for an IADU. The second statewide framework is the MODERATE INCOME HOUSING PLAN (MIHP) requirement under HB 462 (2022) and follow-on bills, which forces every Utah city and county to adopt a MIHP from a menu of housing-supply strategies; allowing/encouraging ADUs is one of the menu items, so MIHP indirectly nudges local ADU policy without directly preempting it. There is no statewide ADU rebate or grant program comparable to CalHFA's. Streamlined-review timelines for IADUs are implicit in the HB 82 permitted-use classification — IADUs cannot require conditional-use review and must move on the standard ministerial-permit timeline.

• Statewide IADU Impact-Fee Exemption — By statute, no Utah municipality or county may charge impact fees for an internal accessory dwelling unit. This is a hard statewide preemption of impact fees in the IADU context, not a discretionary local waiver.
• Statewide Permitted-Use Classification for IADUs (de facto streamlined-review mandate) — By making IADUs a permitted use rather than a conditional use, HB 82 removed the discretionary public-hearing review pathway. IADU permits are processed ministerially against the limited list of statutorily-allowed restrictions. Effectively eliminates the 60–120-day conditional-use overlay that pre-2021 IADU permits typically carried.
• Moderate Income Housing Plan (MIHP) Statute — Every Utah city and county must adopt and implement a Moderate Income Housing Plan from a menu of housing-supply strategies; allowing/encouraging ADUs is one menu item. DWS Housing administers the reporting framework. Non-compliance can affect transportation funding eligibility under follow-on legislation.