Henrico County

ADU Pass helps homeowners in Henrico County, Virginia navigate the permit paperwork for building an accessory dwelling unit. We cover 4 cities and 21 ZIP codes in this county.

21 ZIP codes
4 Cities

County ADU details

County ADU ordinance

Henrico County regulates accessory dwellings under its Chapter 24 Zoning Ordinance. As of 2026-04-21, Henrico has NOT enacted a modern ADU-preemption-style ordinance permitting detached ADUs ministerially on single-family-residential parcels. The county's long-standing framework permits accessory 'family member' dwellings and limited accessory apartments under narrow conditions — typically in agricultural (A-1) zones and through provisional-use or special-exception review in residential (R) districts — with owner-occupancy, relatedness, size, and minimum-lot-area conditions. The Zoning Ordinance Update (ZO Update) initiative, underway since approximately 2022 and led by the Henrico Planning Department and Planning Commission, has periodically considered broader ADU allowances; however, as of this research date no by-right ministerial ADU entitlement statute has replaced the existing conditional framework. Virginia is a Dillon Rule state with no statewide ADU preemption (see state research file), so Henrico's local rules are effectively the only floor: where Chapter 24 does not explicitly allow a second dwelling, it is prohibited. Applicants planning an accessory dwelling in Henrico should (a) confirm the parcel's current zoning classification on the county's GIS viewer, (b) consult Chapter 24 Article III (Districts) for the governing use table, (c) verify whether the proposed use fits a permitted or conditional category, and (d) engage Planning staff pre-application. Because Chapter 24 is under active review, the specific code citation and any by-right/conditional pivot may shift between the research date and any later applicant filing.

Code citations:

State-floor overlay: Virginia has NOT enacted a statewide ADU preemption law. Va. Code § 15.2-2280 et seq. delegates zoning authority to counties, independent cities, and towns, subject to planning-commission procedure and advertised public hearing. No state floor mandates ADU permissibility, ministerial review, minimum allowed size, parking-requirement ceilings, or removal of owner-occupancy requirements. Localities can and do prohibit ADUs entirely under this framework. ADU preemption bills have been introduced in the 2022, 2023, 2024, and 2025 Virginia General Assembly sessions without enactment. Henrico County's Chapter 24 therefore operates without a state ceiling on local restrictions — whatever Henrico's ordinance says controls. See src/data/state-adu-research/virginia.json for the full statutory framework.

Adopting body: Henrico County Board of Supervisors (five members elected by magisterial district: Brookland, Fairfield, Three Chopt, Tuckahoe, and Varina). The Board is the final adopting authority for all zoning-ordinance amendments; the Henrico County Planning Commission advises the Board and holds advertised public hearings before Board consideration per Va. Code § 15.2-2285 requirements.

County permitting (unincorporated parcels)

Every parcel in Henrico County is unincorporated (the county contains no incorporated towns and no independent cities are located inside its boundaries), so the county's Department of Planning and Department of Building Construction and Inspections (Building Inspections) are the sole permitting authorities for any accessory-dwelling construction in Henrico. The combined permit path is a two-track review: (a) a zoning-compliance determination confirming the proposed accessory dwelling fits a permitted or conditionally permitted category under Chapter 24 (handled by the Planning Department's zoning-plan-review staff), and (b) a building-code plan review and inspection cycle confirming compliance with the Virginia Uniform Statewide Building Code (USBC), which incorporates the Virginia Residential Code and associated state-adopted supplements (handled by Building Inspections). For parcels where Chapter 24 does not permit a second dwelling by right, the applicant must first obtain a provisional-use permit, special-exception approval, or zoning variance through the Board of Zoning Appeals or the Planning Commission / Board of Supervisors, depending on the procedure Chapter 24 specifies for the use category. Henrico uses an online permit portal (Citizen Self Service) for building-permit intake and an in-person pre-application conference process (offered free of charge to applicants) for zoning questions.

DepartmentHenrico County Department of Planning (zoning compliance, subdivision, comprehensive plan) and Henrico County Department of Building Construction and Inspections (building plan review, permits, inspections)
AddressWestern Government Center: 4301 East Parham Road, Henrico, VA 23228 (Planning); 4301 East Parham Road, Henrico, VA 23228 (Building Inspections). The Western Government Center houses most county development-review functions.

Process overview: Typical accessory-dwelling permit sequence in Henrico County: (a) applicant uses the county's Online Data Services / GIS viewer to confirm parcel zoning classification, lot size, existing primary-dwelling square footage, and any overlay designations (Chesapeake Bay Preservation Area Resource Protection Area or Resource Management Area, airport approach zone for Richmond International Airport, Tuckahoe Creek Service District boundaries, historic overlay districts including Tuckahoe Plantation vicinity, flood-hazard areas per the county's FEMA-delegated floodplain management program); (b) applicant schedules a free zoning pre-application conference with Planning Department staff to confirm whether the proposed accessory dwelling is permitted by right, requires a provisional-use permit (PUP), requires a special-exception (SE), or is outright prohibited in the parcel's zoning district; (c) if a PUP or SE is required, applicant files the appropriate application (with fee) and proceeds through Planning Commission and, where required, Board of Supervisors public-hearing review — this can add several months to the timeline and requires notice to adjoining property owners; (d) once zoning entitlement is secured, applicant files a residential building permit through Citizen Self Service with site plan, floor plans, elevations, energy-compliance documentation (Virginia Energy Conservation Code), structural details for detached units, and Virginia-certified design-professional seals where required by building size and occupancy; (e) Henrico Building Inspections performs plan review, issues the building permit, and schedules inspections (typically footing, foundation, framing, rough-in plumbing/electrical/mechanical, insulation, final); (f) the Chesapeake Bay Preservation Area review layer applies to parcels within RPA/RMA boundaries (much of Henrico drains to the Chickahominy or James River and is CBPA-designated) and requires a separate water-quality-impact assessment and/or variance if impervious coverage thresholds are exceeded; (g) floodplain-development permits apply to parcels in FEMA Special Flood Hazard Areas; (h) after construction, the Real Estate Assessment Division of the Department of Finance issues a supplemental assessment. Henrico does NOT offer a ministerial 60-day state-mandated ADU review clock — Virginia has no statewide review-time preemption — so timelines vary by project complexity and whether entitlement requires a PUP/SE or is by-right within the existing Chapter 24 framework.

Impact fees: Virginia counties generally DO NOT charge true impact fees in the California or Washington sense — Va. Code § 15.2-2317 et seq. restricts impact-fee authority to designated 'growth areas' meeting narrow eligibility criteria, and Henrico has not established a road-impact-fee program under that authority. Henrico instead assesses (a) proffered conditions negotiated at rezoning, (b) utility connection fees for county water and sewer service (administered by the Department of Public Utilities), (c) building-permit and plan-review fees at cost-recovery rates, and (d) within the Tuckahoe Creek Service District (TCSD, established in the Short Pump / Innsbrook corridor to finance sewer extension), a special ad-valorem tax rate on parcels served. There is no Henrico-County-wide ADU-specific fee waiver because there is no across-the-board impact-fee framework to waive. Water and sewer connection fees for an accessory dwelling depend on whether the ADU adds a new service connection or shares the primary's connection. School fees are not assessed separately in Virginia; school-capital needs are funded through the county's general-fund budget. The Virginia Uniform Statewide Building Code is administered statewide, so building-permit fees are broadly comparable across Virginia localities. (schedule)

County assessor

Real property in Henrico County is assessed by the Real Estate Assessment Division of the Henrico County Department of Finance (not by an independently elected 'Assessor' as in some states; Henrico's charter places the assessment function inside the county's Finance Department under a Real Estate Assessor who reports to the Director of Finance). Virginia operates on an annual general-reassessment cycle under Va. Code § 58.1-3250 et seq., and Henrico reassesses every parcel each calendar year with a January 1 valuation date and notices typically mailed in late January / early February. An accessory dwelling added to a parcel is treated as 'new construction' and is picked up in the next annual assessment cycle following certificate of occupancy, producing an upward adjustment to the parcel's assessed value reflecting the added improvement. Unlike California's Prop 13 regime, Virginia does not acquisition-value-lock the existing primary dwelling — the whole parcel is reassessed each year to current fair market value (CFMV) — so adding an ADU affects the marginal new-construction component plus any market-value drift on the underlying parcel from the annual reappraisal.

NameHenrico County Department of Finance — Real Estate Assessment Division
Address4301 East Parham Road, Henrico, VA 23228 (Western Government Center)
Parcel lookupOnline lookup

Assessment policy: Henrico performs an annual general reassessment with a January 1 effective valuation date each year per Va. Code § 58.1-3250. Reassessment notices are typically mailed in late January or early February and show the new land value, improvements value, and total assessed value. Accessory dwellings added to a parcel produce both (a) a new-construction adjustment reflecting the added improvements and (b) any general market-value drift on the parcel under the year's mass-appraisal models. Virginia applies the statewide constitutional requirement of fair-market-value assessment (Va. Const. art. X § 2; Va. Code § 58.1-3201) — assessments must reflect 100% of fair market value. The county's real-estate tax rate is set annually by the Board of Supervisors. Henrico has historically maintained one of the lower effective real-estate tax rates among the large Central Virginia localities. For budgeting purposes, applicants adding an ADU should expect the ADU's construction cost to translate approximately to added assessed value, with any additional assessment lift coming from improved parcel utility, and should apply the then-current nominal tax rate to estimate the annual carrying-cost increase.

County overlays (4)

  • wetland-overlay — Applicants should always pull a parcel's RPA/RMA overlay on the county GIS viewer before siting any detached accessory dwelling; a structure inside the RPA buffer will trigger administrative-review requirements at minimum, and frequently leads to relocation of the proposed building envelope outside the buffer as the cheapest compliance path. The Virginia Department of Environmental Quality (DEQ) provides statewide CBPA guidance at deq.virginia.gov/our-programs/water/chesapeake-bay.
  • flood-zone — FIRM maps published by FEMA are the authoritative flood-zone source; the county's GIS viewer overlays current effective FIRMs on the parcel layer. Finished-floor elevation requirements for residential construction in SFHAs typically require the lowest floor (including basement) to be at or above the base-flood elevation (BFE), with Henrico commonly imposing a 1-foot freeboard above BFE per its local ordinance. Flood-zone status also affects flood-insurance cost under NFIP Risk Rating 2.0.
  • airport-noise-zone — Applicants building an accessory dwelling near RIC should check parcel status against the Airport Safety Overlay on the county GIS viewer. Height restrictions are the most common constraint for parcels within transitional surfaces; residential-use compatibility and a real-estate disclosure obligation apply within the designated noise contours. The county does not prohibit residential use within noise zones but does require acknowledgement.
  • historic-district — Register-listed (National or Virginia) status alone does NOT by itself create a local review requirement; only locally-designated historic-overlay district status does. However, federal preservation tax incentives and state rehabilitation tax credits do apply to register-listed properties and can materially improve the economics of an ADU-adjacent rehab if the property qualifies.

Known county issues (2)

  • policy-review — Moderate — applicants planning an accessory dwelling face uncertainty about which version of Chapter 24's accessory-dwelling provisions will be in force at the time of permit filing. Conservative practice is to file under the current code while monitoring Planning Commission adoption calendars, because a more permissive ZO Update module could materially improve entitlement options mid-process, while a more restrictive module would need transition-provision scrutiny.
  • other — Material — unlike California (statewide preemption via Gov. Code 65852.2), Oregon, or Washington, Henrico applicants have no state-law backstop if the local ordinance denies or heavily conditions ADU use. Applicants and local advocates wanting broader ADU access must seek it through the Board of Supervisors (local ordinance amendment) or through the Virginia General Assembly (future statewide preemption). Neither path has produced major liberalization as of 2026-04-21.
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.