ADU Pass
Toano
James City County portion
Also in: New Kent County
ADU Pass helps homeowners in Toano, James City County, Virginia navigate the permit paperwork for building an accessory dwelling unit. This area covers 1 ZIP code.
Map
ADU details
ADU legality: allowed-with-restrictions
Toano is an unincorporated community in northwestern James City County along US 60 / Richmond Road, between Williamsburg and Providence Forge, primarily rural and agricultural with growing residential development tied to the Williamsburg / Hampton Roads metro. Toano is in the Chickahominy River watershed. Toano lies in the Chickahominy River watershed; CBPA RPA buffers along the Chickahominy River and perennial tributary streams apply.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 200 | $1,700 | $54,060 | $55,760 |
| 600 | 600 | $1,700 | $162,180 | $163,880 |
| maximum | 1,000 | $1,900 | $270,300 | $272,200 |
Fee breakdown (as of 2026-04)
Permitting process
Viability (permitted uses)
- Long-term rental: yes Long-term rental of an ADU is generally permitted; Virginia landlord-tenant law (Va. Code Section 55.1-1200 et seq., the Virginia Residential Landlord and Tenant Act) governs.
- Short-term rental: with-restrictions James City County regulates STRs through its zoning ordinance; STR of an ADU typically requires registration and Transient Occupancy Tax compliance (Va. Code Section 58.1-3819 et seq.).
- Office rental: with-restrictions Detached office rental requires a home-occupation permit or rezoning under home-occupation provisions.
- Home office: yes Home occupation is permitted in residential and rural districts with restrictions on signage, customer traffic, and outside storage.
- Studio / workshop: yes Personal studio (artist, music, woodworking) is a permitted accessory use in residential and agricultural districts.
- Agriculture: yes Agricultural / Rural districts expressly permit farm structures and the keeping of livestock subject to setback rules.
- Relative support: yes Family / multi-generational accessory dwelling is the most common pattern and is expressly permitted under family-member dwelling provisions.
Contacts
Staff: Community Development Department (Zoning Division / Building Safety & Permits)
Utilities
- Water: James City Service Authority (JCSA) along main corridors; private well in outlying rural areas · 60d connect · $8,500
- Sewer: James City Service Authority (HRSD regional treatment) along main corridors; private septic in outlying rural areas · 90d connect · $13,500
- Electric: Dominion Energy Virginia · 30d connect · $2,400
- Gas: Limited natural-gas distribution; bottled propane is the norm in rural areas · 14d connect · $1,900
Property values & taxes
Construction timeline
Realistic total: best 9mo · typical 13mo · worst 22mo
Modular pathway inspectors are occasional with modular
Financing
State ADU loans:
Insurance impact
HOA prevalence & preemption
Virginia has no HOA-ADU preemption (Va. Code Title 55.1). HOA covenants restricting ADUs are enforceable. HOAs are more common in suburban / planned developments than in rural unincorporated communities.
Regulatory overlays (2)
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Amendment
Contractor market (aggregate)
Legal history (timeline)
Current ordinance: James City County Code Chapter 24 (Zoning) — accessory apartment provisions (governs Toano), adopted multiple — periodically amended, last amended rolling text amendments by Board of Supervisors per Va. Code Section 15.2-2285
- 1979-01-01 — Va. Code Section 15.2-2280 zoning authority codified (Dillon Rule baseline) (state-statute)
Virginia delegated zoning authority to counties, cities, and towns without an ADU-specific preemption.
Effect: Each Virginia locality regulates ADUs through its own zoning ordinance; ADUs are not automatically permitted statewide.
Known issues (1)
- other — Adds 60-180 days to wall-clock timeline depending on which review layer applies; budget for additional consulting fees on RPA exception or ARB approval.
James City County — county ADU rules and overlays
County ADU ordinance
James City County regulates ADUs under the label 'accessory apartment' in Chapter 24 of the Zoning Ordinance, splitting them into attached (substantially contained within the principal single-family dwelling, capped at 35 percent of the dwelling's floor area) and detached (on the same lot, capped at 50 percent of the accessory structure's floor area). Only one accessory apartment is permitted per single-family dwelling. In some residential districts (e.g., R-6 Low-Density Residential) detached accessory apartments require a special use permit from the Board of Supervisors under section 24-32; in others (e.g., R-8 Rural Residential) attached apartments are permitted by right subject to the same section-24-32 framework. Virginia is a Dillon Rule state and lacks a statewide ADU-preemption statute comparable to California's, so county discretion is broad.
County regulatory overlays
- wetland-overlay — ADU siting on waterfront parcels frequently runs into the 100-foot RPA buffer, which can push an otherwise by-right detached accessory apartment into a variance or exception request. Plan early.
- flood-zone — An ADU placed in a SFHA must meet the same elevation standard as the principal dwelling. Combined with the CBPA RPA buffer, waterfront ADU siting can be materially constrained.
- historic-district — Heritage-tourism economy drives significant federal- and state-level oversight of high-visibility parcels, but this is not county-administered. Check federal and state tiers for the controlling rules.
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.
ZIP Code
- 23168
Post Office
- 7890 Richmond Rd, 23168