Highland County

ADU Pass helps homeowners in Highland County, Virginia navigate the permit paperwork for building an accessory dwelling unit. We cover 6 cities and 8 ZIP codes in this county.

8 ZIP codes
6 Cities

County ADU details

County ADU ordinance

Highland County does NOT maintain a standalone accessory-dwelling-unit ordinance with codified ADU-specific size caps, setbacks, or owner-occupancy provisions. ADUs in the county are regulated through the general zoning ordinance's treatment of 'accessory use,' 'accessory structure,' and the per-district use schedules administered by Building and Zoning. In the Agricultural and Rural Residential districts that cover the great majority of county acreage, one principal dwelling per lot is permitted by right with customary accessory structures; a second independent dwelling unit with full kitchen facilities typically requires a Conditional Use Permit (CUP) from the Board of Supervisors after Planning Commission recommendation. A 'family-member' or 'tenant dwelling / farm labor dwelling' allowance is generally recognized in the agricultural district subject to minimum lot area. A no-kitchen 'guest house' accessory structure is generally permitted as a by-right accessory use subject to setbacks, height, and lot-coverage limits. Applicants should confirm current ordinance text with Joshua Simmons, Building Official and Zoning Administrator, at 540-468-2323 before committing to a project pro forma — the ordinance is updated periodically and administrative interpretation is load-bearing.

County permitting (unincorporated parcels)

Highland County's Department of Building and Zoning, headed by Building Official and Zoning Administrator Joshua Simmons (540-468-2323, jsimmons@highlandcova.org), handles the full local-permitting stack: zoning permits, Conditional Use Permits, site plan review, land-disturbance and erosion-and-sediment-control permits, building permits, trade permit coordination, floodplain development permits, and E-911 addressing. A typical ADU-like permit bundle (where a second dwelling is permitted) includes: (1) pre-application zoning inquiry, (2) Conditional Use Permit from the Board of Supervisors with Planning Commission recommendation (unless the parcel qualifies for an agricultural tenant or farm-labor dwelling allowance, or the project is a no-kitchen 'guest house'), (3) zoning permit confirming use compliance and setbacks, (4) building permit with stamped residential plans, (5) electrical, plumbing, and mechanical trade permits, (6) Virginia Department of Health (VDH) Central Shenandoah Health District construction permit for well and onsite septic — essentially every parcel in the county relies on private well and septic, as there is no public sewer and only limited public water (Town of Monterey water serves the town footprint), (7) floodplain development permit if any portion of the parcel is within the FEMA Special Flood Hazard Area along the Jackson, Bullpasture, Cowpasture, or South Branch Potomac headwater systems, and (8) land-disturbance / erosion-and-sediment-control permit for projects exceeding the state E&S threshold.

County assessor

Highland County real estate is assessed by the Office of the Commissioner of the Revenue. The Commissioner prepares the land book annually, assesses new construction and changes to improvements, and administers state income-tax processing for county residents. An ADU or second-dwelling addition is captured through the supplemental real-estate-improvement process under Va. Code § 58.1-3292: the Commissioner of the Revenue receives the building-permit record and Certificate of Occupancy from Building and Zoning, and adds the ADU's assessed value to the parcel's land and improvement base, prorated to the completion date. The primary dwelling is NOT re-valued off-cycle as a result of the ADU addition. The county operates on the Virginia general-reassessment framework under Va. Code § 58.1-3252; small counties (under 50,000 population — Highland is well under that threshold) may elect five- or six-year intervals, and the county has historically contracted general reassessments to an outside firm. Real Estate Tax is due to the Treasurer.

NameHighland County Office of the Commissioner of the Revenue
Address165 W. Main Street, Monterey, VA 24465
Parcel lookupOnline lookup

Assessment policy: An ADU is captured as a real-estate improvement under Va. Code Title 58.1 Subtitle III Chapter 32. On receipt of the building permit and (later) the Certificate of Occupancy from the Department of Building and Zoning, the Commissioner of the Revenue prorates the supplemental assessment from the completion date through the end of the tax year under Va. Code § 58.1-3292. The ADU is added at its assessed fair-market value (typically derived from cost-approach residential cost multipliers calibrated to the current reassessment-cycle base) on top of the parcel's existing land and improvement value; the existing primary dwelling is NOT revalued off-cycle. There is no Highland-County-specific ADU assessment exemption. Standard Virginia real-estate tax-relief programs (elderly and disabled relief under Va. Code § 58.1-3210 as adopted locally, disabled-veteran exemption under Va. Code § 58.1-3219.5) apply to the homeowner's principal residence and may extend to the parcel as a whole depending on local-option rules; they do not create a separate carve-out for the ADU itself.

County overlays (3)

Highland County administers a Floodplain Overlay tied to FEMA Special Flood Hazard Areas along the Jackson, Bullpasture, Cowpasture, and South Branch Potomac headwater systems and their tributaries. The Building Official serves as Floodplain Administrator. Highland County is NOT a Tidewater locality and is therefore NOT subject to the Chesapeake Bay Preservation Act (Va. Code § 62.1-44.15:67 et seq.) — the headwater drainages in Highland flow into the James and Potomac systems, but Highland sits west of the CBPA jurisdictional boundary. Highland County has NO designated coastal-commission analog (none exists in Virginia), NO statewide WUI regulatory overlay (Virginia has no CalFire-style WUI program), and NO seismic-retrofit overlay. There are no FAA Part 150 commercial-airport noise zones reaching the county. The Town of Monterey applies the same county zoning framework with town-level review for the historic core.

Known county issues (5)

  • other — ADU pro formas that would pencil as by-right or ministerial projects in jurisdictions with codified ADU ordinances require a discretionary CUP cycle in Highland County. This adds roughly 90-180 days of wall-clock, a CUP application fee, neighbor-notification and public-hearing burdens, and case-by-case conditions imposed by the Board of Supervisors. Applicants should budget accordingly and should confirm whether an agricultural tenant or farm-labor dwelling allowance or a no-kitchen 'guest house' accessory structure path can satisfy the use case without a CUP.
  • other — Site-work cost on Highland County ADU projects often dominates the construction budget. Applicants should commission a site survey and geotechnical evaluation early, before architectural design is locked, and should pull the parcel's FEMA floodplain mapping at the start of due diligence.
  • other — Well-drilling and onsite-sewage costs frequently exceed county-side fees by an order of magnitude. Applicants should budget $15,000-$50,000 for well and septic on a typical Highland County parcel, with AOSS-required parcels running higher. Existing primary-dwelling septic systems may not have capacity for a second dwelling, requiring a system upgrade before the ADU can be permitted.
  • staffing-shortage — Plan-review and CUP-processing timelines in Highland County can run longer than comparable projects in more-staffed counties simply because reviewer capacity is limited. Applicants should schedule a pre-application meeting early. Direct contact with the Building Official (540-468-2323) is often faster than email queue.
  • policy-review — Applicants should confirm the current ordinance text with the Zoning Administrator (540-468-2323) rather than relying on prior summaries. A pre-application zoning inquiry is strongly recommended before architectural or engineering investment — the Zoning Administrator's interpretation is frequently the difference between a by-right accessory-structure path and a full CUP cycle.
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.