Chesterfield County
ADU Pass helps homeowners in Chesterfield County, Virginia navigate the permit paperwork for building an accessory dwelling unit. We cover 6 cities and 17 ZIP codes in this county.
Map
County ADU details
County ADU ordinance
Chesterfield County's zoning ordinance, comprehensively rewritten as the Zoning Ordinance Modernization (ZOMod) project and effective January 1, 2026, replaces a 1970s-era code. Accessory Dwelling Units (the ordinance's term; historically called 'in-law suites' or 'accessory apartments') are addressed at Section 19.2-32-15 (Dwelling, Accessory). The ZOMod update retained the conditional-use-permit (CUP) pathway for ADUs that do not meet the ordinance's recommended conditions, while reducing the application fee for ADUs meeting the recommended conditions from $300 to $100. Under the March 2024 staff-proposed framework that informed ZOMod, ADUs are permitted on lots of 12,000 square feet or larger with a size cap of the greater of 800 square feet or 40% of the primary dwelling's finished floor area, one additional off-street parking space, and occupancy restricted to family members of the primary-dwelling occupants (rental to non-family members is prohibited). Both attached (e.g., basement apartment) and detached ADUs are allowed; to qualify as an ADU rather than a mere accessory structure, the unit must include a separate living space, sleeping area, bathroom, and full kitchen. Chesterfield's approach is meaningfully more restrictive than California's ministerial ADU regime — owner-occupancy / family-use is required, the CUP process remains the default pathway for ADUs not meeting all recommended conditions (with reduced public-hearing burden under ZOMod but not eliminated), and the 12,000 sqft lot minimum excludes many denser residential subdivisions.
Code citations:
- Chesterfield County Zoning Ordinance (Chapter 19.2), Zoning Ordinance Modernization (ZOMod), effective January 1, 2026
- Chesterfield County Code, Chapter 19.2, Section 19.2-32-15 (Dwelling, Accessory)
- Chesterfield County Board of Supervisors ADU reform proposal (work session, March 21, 2024)
- Chesterfield County presentation to the Virginia Housing Commission ADU Workgroup, May 20, 2024
State-floor overlay: Virginia is a Dillon Rule state: Chesterfield County's land-use authority is a delegated power from the General Assembly. The principal enabling statutes are Va. Code Section 15.2-2280 (general zoning power to classify districts, regulate size/use of structures, minimum lot areas, setbacks, parking) and Va. Code Section 15.2-2286 (procedural zoning powers including conditional use permits and administrative variances). The ADU-specific state floor is Va. Code Section 15.2-2291, which requires every Virginia locality to permit accessory apartments in single-family residential districts subject to 'reasonable conditions' the locality may impose on size, design, and use. Virginia has NOT enacted a preemptive statewide ADU ministerial-approval framework of the California / Oregon / Washington type; Chesterfield's requirement for family occupancy, 12,000 sqft minimum lot, and CUP-adjacent process would be preempted in those states but is lawful in Virginia so long as the conditions are 'reasonable' under Section 15.2-2291. The Virginia Housing Commission ADU Workgroup (active 2023-2025) studied whether to propose a preemptive state ADU law but as of the 2026 session no such bill has been enacted.
County permitting (unincorporated parcels)
Because Chesterfield County contains no incorporated towns or cities, the entire county's ~437 square miles of land area is 'unincorporated' for permitting purposes and the Chesterfield County Planning Department and Building Inspection office are the single point of contact for every residential ADU permit in the county. ADU permits follow a two-track process under the post-ZOMod 2026 ordinance: (a) an accessory dwelling that meets all the recommended conditions in Section 19.2-32-15 (12,000 sqft lot, size cap, family occupancy, parking, setbacks, design) goes through a streamlined administrative path with a $100 application fee and public notification rather than a full CUP hearing cycle; (b) an ADU that deviates from any recommended condition requires a full Conditional Use Permit, which involves Planning Department case-manager review, pre-application meeting, Technical Review Committee, a community meeting if the district commissioner requires one, a Planning Commission public hearing, and a Board of Supervisors public hearing. CUP processing typically takes four to six months. All ADUs, regardless of approval pathway, require building permits through Building Inspection and trade permits (electrical, plumbing, mechanical), and parcels not served by public water and sewer (common in rural Matoaca and southern Chesterfield) must demonstrate adequate septic capacity through the Virginia Department of Health / Chesterfield County Health Department.
Process overview: ADU approval in Chesterfield County follows: (a) applicant contacts a Planning Department planner via 804-748-1050 or planning@chesterfield.gov for a pre-application discussion and confirms parcel zoning and lot-size eligibility (12,000 sqft minimum under the ZOMod ADU framework); (b) applicant verifies whether the ADU design meets all recommended conditions of Section 19.2-32-15 (size, parking, setbacks, family occupancy, design) — if yes, the administrative / streamlined path applies with a $100 ADU application fee; if no, a Conditional Use Permit is required with the full CUP process and fee; (c) for CUP applications, applicant submits through ELM with site plan, floor plans, elevations, and supporting materials, followed by Technical Review Committee internal review (typically 30-45 days), a community meeting if the district planning commissioner requires one, Planning Commission public hearing with staff recommendation, and Board of Supervisors public hearing and decision — the CUP track typically takes 4-6 months; (d) for the streamlined administrative path, applicant submits the ADU permit package with a neighbor-notification affidavit; Planning staff confirms compliance with Section 19.2-32-15 conditions, processes the $100 fee, and approves administratively (typically 30-60 days); (e) once zoning approval is in hand (either path), applicant submits the building permit application through ELM with construction documents; Building Inspection completes structural, electrical, plumbing, mechanical, and energy-code plan review under the 2021 Virginia Uniform Statewide Building Code; (f) for parcels not on public water and sewer, the Virginia Department of Health — Chesterfield office reviews septic capacity and issues the on-site sewage disposal permit; (g) construction, inspections (footing, framing, rough-in, final), and Certificate of Occupancy. Resource Protection Area (RPA) buffers under the Chesapeake Bay Preservation Act and Floodplain Management Ordinance add parallel sub-reviews for parcels in those overlays.
Impact fees: Virginia counties have narrow statutory authority to charge development impact fees (Va. Code Section 15.2-2317 et seq., with most fee authority limited to roads and requiring specific Board of Supervisors adoption and formula-driven computation); Chesterfield's fee schedule is materially less dense than California counties. The core costs of an ADU permit in Chesterfield are (i) the zoning application fee — $100 for an ADU meeting recommended conditions under ZOMod, or the standard CUP fee (several thousand dollars) if a CUP is required; (ii) building permit fees under the adopted residential fee schedule, which are cost-recovery based and scale with valuation; (iii) trade permit fees (electrical, plumbing, mechanical); (iv) water and sewer connection / availability fees through Chesterfield County Utilities for parcels on public service (single-family residential connection fees cover meter, tap, and availability charges, with detached-ADU connections typically incurring an incremental availability fee though many ADUs are served off the primary dwelling's existing service); and (v) for off-public-service parcels, septic system permit and construction cost through the Virginia Department of Health. Chesterfield does NOT charge a California-style per-square-foot impact fee schedule on ADUs. School impact fees are not authorized for general locality use in Virginia. (schedule)
County assessor
The Chesterfield County Department of Real Estate Assessments maintains parcel-level assessment records for all real property in the county. Virginia mandates assessment at 100% fair market value under Code of Virginia Title 58.1; unlike California's Proposition 13 acquisition-value system, Virginia localities reassess periodically using mass-appraisal methods. Chesterfield reassesses real estate ANNUALLY — notices are mailed by February 1 each year showing assessed values as of January 1. An ADU addition is captured in the following year's annual reassessment as a market-value adjustment reflecting both the physical improvement and comparable-sales evidence; there is no California-style 'supplemental roll' separate from the main annual roll. Because Chesterfield reassesses annually, an ADU completed mid-year will appear in the next year's notice. This annual-cycle approach means the full assessed-value increase takes effect sooner than in California (no 6-12 month supplemental lag) but is also more visible: the owner sees the entire ADU value bump as a line item on the next annual notice. Virginia has no Prop 13 cap; the statewide real-estate-tax rate Chesterfield sets applies to full fair market value (the 2024-2025 real estate tax rate was $0.91 per $100 assessed value, one of the lowest in the Richmond MSA).
Assessment policy: Virginia Code Title 58.1 requires assessment at 100% fair market value. Chesterfield County reassesses annually, with January 1 as the effective date and notices mailed by February 1. For ADU additions, the assessor incorporates the new improvement into the next annual assessment cycle — there is no separate supplemental notice as in California. Typical Chesterfield ADU assessed-value increments for 700-1,200 sqft detached ADUs range from roughly $110,000 to $220,000 in the post-2024 market, producing a property-tax increment of roughly $1,000 to $2,000 per year at the $0.91 per $100 assessed value Chesterfield real estate tax rate (plus any applicable special district fees). The primary dwelling's assessed value is also revisited each year per Title 58.1, so any market appreciation of the primary dwelling is captured alongside the ADU addition. Unlike Proposition 13 jurisdictions, Virginia provides no acquisition-value cap, no 2% annual-growth cap, and no separate 'new construction supplemental' assessment with its own appeal window.
County overlays (4)
Chesterfield County administers several county- and state-level overlay regimes that materially affect ADU siting: (1) the Chesapeake Bay Preservation Act (CBPA) Resource Protection Area (RPA) 100-foot riparian buffer, mandated by Va. Code Section 62.1-44.15:67 et seq. and administered locally by Chesterfield through the zoning and subdivision ordinances — RPA buffers protect all tidal and perennial non-tidal waters in the county and prohibit most new impervious surface within the 100-foot buffer; (2) the Flood Plain Management Ordinance (FEMA NFIP participant since March 1983, ordinance first adopted February 23, 1983) covering FEMA Special Flood Hazard Areas (SFHA) along the James River, Appomattox River, Swift Creek, Falling Creek, Proctors Creek, Pocoshock Creek, and numerous smaller tributaries, with the February 2024 effective FIRM panels providing the current regulatory floodplain map; (3) the Resource Management Area (RMA) buffer — the wider 'second-tier' CBPA buffer applied county-wide to 'intensely developed areas' as a Chesapeake Bay water-quality overlay; (4) airport noise and safety zones around the Richmond Executive-Chesterfield County Airport (FCI) and the broader Richmond International Airport (RIC, just across the James River in Henrico County, with its approach corridors crossing into northern Chesterfield); (5) airport noise and safety overlays around Defense Supply Center Richmond (DSCR) / Fort Lee airspace in the eastern county. Coastal Commission jurisdiction does NOT apply (Virginia has no California-style Coastal Commission; the CBPA is the functional analog). Very High Fire Hazard Severity Zones are NOT a Virginia regulatory category — Chesterfield has no WUI overlay comparable to California's CAL FIRE VHFHSZ system, though wildland fire risk exists in the rural Matoaca district. Historic districts in Chesterfield are locally designated; the notable ones are Historic Chesterfield Courthouse (around the 1749 courthouse complex) and several National Register properties.
- Chesapeake Bay Preservation Act Resource Protection Area (RPA) — 100-foot buffer — ADU designs that cantilever over, or place impervious surface within, the 100-foot RPA buffer require an RPA Exception, which involves a Water Quality Impact Assessment, staff review, and Planning Commission public hearing. Adding roughly 30-60 days to the overall ADU timeline for an RPA Exception is typical. Owners with creek-adjacent parcels along Swift Creek, Falling Creek, or Proctors Creek should confirm RPA status via the county parcel viewer before design.
- Chesterfield County Flood Plain Management Ordinance — FEMA NFIP participant — ADUs in an SFHA must have lowest floor elevated to or above Base Flood Elevation plus Chesterfield's freeboard, flood vents on any enclosed area below BFE, structural anchoring, and a post-construction Elevation Certificate. The substantial-improvement trigger (>50% of structure value) means a garage conversion or attached-unit addition to an existing flood-prone structure can cascade into full-structure floodplain compliance. Owners along Swift Creek, Falling Creek, the James, and the Appomattox should verify current FIRM status (2024 effective panels) before ADU design. Flood insurance is federally required for SFHA parcels with federally-backed mortgages.
- Airport noise and safety zones — Richmond Executive-Chesterfield County Airport (FCI) and Richmond International Airport (RIC) approach corridors — ADU siting inside the FCI Airport Overlay District is subject to height limits (typically 35 feet or the district base height, whichever is lower, within the approach / departure surfaces), noise attenuation considerations for DNL 65+ dB areas, and avigation easement recording for new residential parcels. The overlay does not prohibit ADUs but does constrain detached two-story ADU designs in the approach corridors. Owners in southern Matoaca and around FCI should verify Airport Overlay status before a two-story detached ADU design.
- Historic Chesterfield Courthouse area and locally-designated historic overlay districts — An ADU on a parcel within a locally-designated historic overlay district requires design review — typically staff review for minor additions, with Historic Preservation Committee review for more substantial proposals. Parcels that are individually National Register-listed but not in a local overlay are not subject to local design review for ADU additions (the National Register is informational / tax-credit-eligibility, not regulatory). Owners near the Courthouse complex should confirm overlay status before ADU design.
Known county issues (7)
- policy-review — The post-ZOMod ADU regime effective January 1, 2026 is the county's first substantive ADU reform in decades. The streamlined administrative pathway for ADUs meeting all recommended conditions, the $100 reduced fee, and the family-occupancy requirement are new and will take 12-18 months of actual applications to stabilize into predictable staff interpretations. Applicants in 2026 should expect occasional case-specific interpretations of terms like 'family' (the county code defines family broadly, which commissioners acknowledged during the 2024 work session could create confusion), 'finished floor area,' and the application of the 12,000 sqft lot minimum to irregularly-shaped parcels. Working with a Planning Department case manager early in the design phase is recommended.
- other — Under the ZOMod ADU framework, Chesterfield requires ADU residents to be family members of the primary-dwelling occupants; rental to non-family members is not permitted. This is meaningfully more restrictive than California / Oregon / Washington ministerial regimes, where non-family market-rate rental is expressly protected by state preemption. Owners planning an ADU for general rental income should understand that Chesterfield's framework is designed for multi-generational family housing, not pure investment rental. Virginia state law (Va. Code Section 15.2-2291) permits localities to impose this kind of use restriction so long as it is 'reasonable.'
- other — The 12,000 sqft minimum lot size under the ZOMod ADU framework excludes many post-1990 Chesterfield subdivisions designed with 6,000-10,000 sqft lots, especially in the Midlothian corridor (planned developments in the Midlothian magisterial district), northern Dale magisterial district, and infill Bermuda magisterial district. Owners in these subdivisions cannot qualify for the streamlined administrative ADU path regardless of design and must pursue a full Conditional Use Permit (or rezoning) with the associated Planning Commission and Board of Supervisors public hearings — a 4-6 month process with a several-thousand-dollar CUP fee. The lot-size threshold is a hard-edge restriction rather than a scaled one.
- other — The Chesapeake Bay Preservation Act RPA 100-foot riparian buffer applies county-wide to all perennial streams and all tidal waters. Chesterfield's dense network of creeks (Swift Creek, Falling Creek, Proctors Creek, Pocoshock Creek, Kingsland Creek, Redwater Creek, and their tributaries) means a substantial fraction of residential parcels have some portion within an RPA buffer. New impervious surface within the 100-foot buffer is generally prohibited; an RPA Exception requires a Water Quality Impact Assessment, staff review, and Planning Commission public hearing, adding roughly 30-60 days to the ADU timeline. Owners on creek-adjacent parcels should confirm RPA status on the county parcel viewer before ADU design.
- other — FEMA's February 2024 effective Flood Insurance Rate Maps for Chesterfield County updated base flood elevations and in several corridors expanded the Special Flood Hazard Area along Swift Creek and Falling Creek. Owners who previously had non-SFHA parcels may now be in an SFHA and subject to the full suite of floodplain ordinance requirements (elevation to BFE+freeboard, flood vents, structural anchoring, Elevation Certificate) for any ADU construction. The substantial-improvement trigger (Section 21.1-40(a), >50% of structure value) means a garage conversion or attached-unit addition to an existing flood-prone structure can cascade into a full-structure floodplain compliance requirement. Owners should verify current FIRM status (2024 effective panels) before ADU design.
- other — Chesterfield's annual reassessment cycle (January 1 effective date, notices mailed by February 1) means an ADU completed mid-year appears in the next February's assessment notice with the full market-value increment — typically $110,000 to $220,000 for a 700-1,200 sqft detached ADU in the post-2024 market — translating to roughly $1,000-$2,000/year in additional real-estate tax at the $0.91 per $100 assessed-value rate. Unlike California's Prop 13 regime, there is no acquisition-value freeze, no 2% annual-growth cap, and no separate supplemental notice: the ADU's value and any ongoing market appreciation are captured in every subsequent annual notice. Appeal deadlines are March 15 (informal review) and April 15 (Board of Equalization).
- other — Chesterfield County contains no incorporated towns or cities (Colonial Heights departed the county in 1948 to become an independent city; Richmond, Hopewell, and Petersburg are independent cities adjacent but not inside the county). This is a structural feature of Virginia and means every residential parcel in the ~437-square-mile county is governed directly by the Chesterfield zoning ordinance and permitted through the Chesterfield Planning Department and Building Inspection office. Unlike counties in most other states — where a dense layering of city, town, and county ADU rules can create confusion — Chesterfield offers a single regulatory and permitting regime for the entire jurisdiction.
Virginia state — ADU law and programs
State ADU law
Virginia has NOT enacted a statewide ADU preemption law. Virginia is a Dillon Rule state — localities possess only those powers expressly granted by the General Assembly — and the statutes granting zoning authority (Va. Code § 15.2-2280 et seq.) leave ADU regulation to local ordinances. ADU permission, setbacks, parking, size, and owner-occupancy rules therefore vary by county, independent city, and town. Virginia is unique in that it has 38 independent cities that function as counties (neither in nor subordinate to the surrounding county), meaning 'the county' for any given Virginia property may be an independent city rather than a true county. Several ADU preemption bills have been introduced in recent General Assembly sessions (2022 through 2025) without enactment; none have advanced past committee as of the Assembly's 2026 regular session adjournment.
State financing programs
Virginia does not operate an ADU-specific statewide loan, grant, or forgivable-loan program. Virginia Housing (formerly the Virginia Housing Development Authority, VHDA — rebranded 2020) administers general first-time-homebuyer, down-payment-assistance (DPA), mortgage-credit-certificate, and rehabilitation products that can be applied to ADU-adjacent purchases or improvements when eligibility criteria are met, but none target ADU construction as a distinct product. The Virginia Department of Housing and Community Development (DHCD) administers federal HOME and CDBG pass-through funds that local jurisdictions can direct toward ADU-adjacent rehab, but there is no state-level ADU-dedicated line item. Federally available products (FHA 203(k), Fannie Mae HomeReady and HomeStyle Renovation, Freddie Mac CHOICERenovation) remain the primary ADU financing path for Virginia homeowners.
State housing programs
Virginia does not run a state-level pre-approved-ADU-plan catalog, statewide impact-fee-waiver statute for ADUs, or streamlined-review mandate. State-level programs that touch ADU-adjacent policy are coordinated primarily through the Department of Housing and Community Development (DHCD) and Virginia Housing, and act by funding or assisting local jurisdictions rather than by preemption. Local ADU activity — Arlington County's Accessory Dwellings program (detached ADUs permitted since 2008, liberalized 2020), Alexandria's accessory-dwelling ordinance, Fairfax County's accessory-living-unit program, and Charlottesville's 2021 zoning-code changes — is authorized under the localities' Va. Code § 15.2-2280 zoning authority, not by state mandate.
- DHCD Community Development Block Grant (CDBG) Program — Federal CDBG funds administered by DHCD to eligible non-entitlement Virginia localities for community-revitalization, housing-rehab, and infrastructure projects. Not ADU-specific. Participating localities can direct CDBG funds toward housing-rehab projects where local policy supports ADUs.
- DHCD HOME Investment Partnerships Program — Federal HOME funds administered by DHCD to Virginia participating jurisdictions and non-profits for affordable-housing acquisition, rehab, and new construction. Not ADU-specific; can be directed to ADU-adjacent rehab at local discretion.
- Virginia Housing Commission — Permanent advisory commission of the General Assembly that studies housing-policy questions and recommends legislation. Has periodically studied ADU preemption and missing-middle housing without recommending statewide enactment as of 2026-04-21.
- Local ADU ordinances under Va. Code § 15.2-2280 authority — Not a state program — listed here because Virginia ADU policy is executed entirely at the locality level under the § 15.2-2280 zoning grant. A homeowner seeking to build an ADU consults the zoning ordinance of the specific county, city, or town where the parcel is located.
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.