New Kent County

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

6 ZIP codes
6 Cities

County ADU details

County ADU ordinance

New Kent County, Virginia does NOT maintain a standalone modern accessory-dwelling-unit ordinance with codified size caps, setback standards, and by-right ministerial paths. Chapter 98 instead regulates accessory residential use through two defined use categories: a 'guest house' (living quarters in an attached accessory building located on the same premises as the main dwelling, for use by guests of the occupants of the premises, NOT rented or otherwise used as a separate dwelling — i.e., no independent kitchen-for-rent / no separate lease), and a 'tenant house' (living quarters within a portion of a main building or in an accessory building located on the same lot, used for persons EMPLOYED on the premises — an employment-nexus allowance, not a market-rent ADU). A fully independent detached second dwelling with kitchen facilities and separate household is NOT a defined use category; such a second dwelling typically requires either (a) subdivision of the parcel into two lots meeting the district's minimum lot area (as small as well-and-septic soils allow, with no statutory acreage minimum in A-1), or (b) a Special Use Permit (called 'Conditional Use Permit' in some Chapter 98 contexts) from the Board of Supervisors with Planning Commission recommendation. Virginia is a Dillon Rule state with NO statewide ADU preemption (see src/data/state-adu-research/virginia.json for the full state framework) — ADU preemption bills have been introduced in every General Assembly session 2022 through 2025 without enactment. New Kent County's Chapter 98 therefore operates without any state floor that would mandate permissibility, ministerial review, fee caps, or removal of owner-occupancy conditions. Applicants planning an accessory dwelling in New Kent should (a) confirm the parcel's zoning district on the County GIS at gis.vgsi.com/newkentcountyva, (b) consult the Chapter 98 use table for the applicable district, (c) identify whether the parcel sits in the Resource Protection Area (RPA) or Resource Management Area (RMA) under the Chesapeake Bay Preservation Program or within a mapped FEMA Special Flood Hazard Area, and (d) engage the Planning Division pre-application.

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 under § 15.2-2285. No state floor mandates ADU permissibility, ministerial review, minimum allowed size, parking-requirement ceilings, or removal of owner-occupancy requirements. Localities can and do heavily condition or prohibit independent second dwellings under this framework. ADU preemption bills have been introduced in the 2022, 2023, 2024, and 2025 Virginia General Assembly sessions without enactment; 2026 session activity is summarized in the state file. New Kent County's Chapter 98 therefore operates without a state ceiling on local restrictions.

Adopting body: New Kent County Board of Supervisors — five members elected from the county's five magisterial / election districts. The Board is the final adopting authority for all zoning-ordinance amendments. The New Kent County Planning Commission advises the Board and holds advertised public hearings before Board consideration per Va. Code § 15.2-2285.

County permitting (unincorporated parcels)

Because New Kent County contains NO incorporated towns or cities, every parcel in the county is 'unincorporated' and is permitted directly by the county. Three county departments coordinate ADU-relevant review: (1) the Planning Division (under Community Development) handles zoning compliance, rezoning, Conditional / Special Use Permits, site plan review, and subdivision review under Chapter 98; (2) the Department of Building Development enforces the Virginia Uniform Statewide Building Code (USBC) — plan review, permit issuance, inspections; (3) the Environmental Department administers the local Chesapeake Bay Preservation Program (RPA/RMA) and floodplain review. A typical ADU-like permit bundle includes a Planning zoning determination, a Building Development building permit and trade permits, an Environmental Department CBPA review where applicable, a Virginia Department of Health (VDH — Three Rivers or Chickahominy Health District) onsite-sewage and well evaluation for parcels not on public utilities (the great majority), and a Floodplain Development Permit where any portion of the parcel is within the mapped FEMA Special Flood Hazard Area along the Pamunkey, Chickahominy, York, or Mattaponi drainages and their tributaries.

DepartmentNew Kent County Planning Division (zoning compliance, Conditional / Special Use Permits, subdivision, Comprehensive Plan), Department of Building Development (Virginia Uniform Statewide Building Code plan review, permits, inspections), and Environmental Department (Chesapeake Bay Preservation Act RPA/RMA, floodplain review).

County assessor

New Kent County real estate is assessed by the Office of the Commissioner of the Revenue (Real Estate Division). New Kent operates on a periodic general-reassessment cycle under Va. Code § 58.1-3252 and completed a county-wide reassessment effective January 1, 2026 — so values on the current tax rolls reflect that reassessment baseline. 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 and Certificate of Occupancy from Building Development, and the Real Estate Division adds the ADU's assessed fair-market 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. New Kent County's real-estate data is published on Vision Government Solutions' hosted portal at gis.vgsi.com/newkentcountyva and is also accessible through the Munis Self Service portal at newkentva.munisselfservice.com.

NameNew Kent County Office of the Commissioner of the Revenue — Real Estate Division
Address12007 Courthouse Circle, PO Box 150, New Kent, VA 23124
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 Development, the Real Estate Division 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 using the Vision Government Solutions residential cost model calibrated to the January 2026 reassessment baseline) on top of the parcel's existing land and improvement value; the existing primary dwelling is NOT re-valued off-cycle. There is no New-Kent-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)

New Kent County administers several overlay regimes that bear materially on ADU projects: (1) a Floodplain Overlay District tied to FEMA Special Flood Hazard Areas along the Pamunkey River (northern county boundary, tidal throughout New Kent's frontage), the Chickahominy River (southern county boundary, tidal throughout its New Kent frontage), their confluence into the York River at the county's east end, and a dense dendritic network of tidal tributaries — New Kent's river-bounded geometry means a substantial fraction of low-lying parcels are in-mapped floodplain; (2) Chesapeake Bay Preservation Act jurisdiction across the entire county (New Kent is a designated Tidewater locality under Va. Code § 62.1-44.15:67 et seq.), with Resource Protection Area (RPA) buffers of 100 feet from perennial water bodies and tidal wetlands and Resource Management Area (RMA) coverage across additional landward extent — administered by the New Kent Environmental Department; (3) locally-adopted historic overlays along the county-seat cluster at New Kent Courthouse and along the colonial-era Route 60 / Route 249 corridors, with NRHP-listed properties scattered throughout (New Kent has deep colonial and Civil War history — the Battle of Seven Pines, Fair Oaks, and Savage's Station engagements of the 1862 Peninsula Campaign crossed parts of the county). New Kent County has NO California-style coastal commission (Virginia has no coastal-commission analog), NO CalFire-equivalent WUI regulatory overlay (Virginia has no statewide WUI overlay), and NO seismic-retrofit overlay. There is no commercial airport inside New Kent County, so no FAA Part 150 noise zone applies; Richmond International (RIC) to the west and Newport News / Williamsburg (PHF) to the east have noise contours that stop well short of New Kent.

Known county issues (5)

  • other — ADU pro formas that would pencil as by-right or ministerial projects in jurisdictions with codified ADU ordinances require either a subdivision cycle or a discretionary Conditional / Special Use Permit cycle in New Kent County. SUP adds roughly 90-150 days of wall-clock, a separate application fee ($500-$2,000), neighbor-notification and public-hearing burdens, and case-by-case Board of Supervisors conditions. Applicants should budget accordingly and should confirm whether the 'guest house' (unpaid family use) or 'tenant house' (employment nexus) pathways satisfy the use case without SUP.
  • other — On tidal-frontage and creek-frontage parcels, the CBPA RPA is often the binding constraint on ADU siting — more binding than the zoning ordinance's use rules. Applicants should (a) pull the county GIS to confirm RPA / RMA footprint before committing to a detached ADU, (b) budget 30-60 days for CBPA review where the project approaches the buffer, and (c) prepare a Water Quality Impact Assessment if encroachment is unavoidable. Exceptions to the RPA buffer for new residential structures are rarely granted.
  • other — VDH well-and-septic evaluation is a separate timeline from county permit review and has experienced episodic backlogs as post-pandemic permit volume rose against a stable VDH staffing baseline. Applicants should initiate VDH application in parallel with — not after — the county pre-application inquiry. Parcels with marginal soils for conventional septic may need alternative onsite-sewage (AOSS) design, which adds cost ($15k-$40k incremental over conventional) and a longer engineering-and-permit timeline.
  • other — Professional applicants accustomed to online permit portals (e.g., Chesterfield's or Henrico's tyler-integrated systems) should expect additional friction and mail / courier turnaround time on every submittal and resubmittal. Budget an extra 5-10 days of wall-clock per round of comments compared to online-portal jurisdictions. In-person drop-off with same-day intake is the fastest available path.
  • policy-review — Applicants should confirm the current Chapter 98 text with the Planning Division (804-966-9690; Principal Planner Patrick Silva pcsilva@newkent-va.us) rather than relying on prior summaries, and should be alert to General Assembly session outcomes in any year when an ADU preemption bill is introduced. A pre-application zoning inquiry is strongly recommended before architectural or engineering investment — the Planning Division's interpretation is frequently the difference between a by-right 'guest house' accessory-building path and a full Conditional / Special Use Permit cycle. The county's growth trajectory also means Conditional / Special Use Permit hearings are increasingly well-attended and adjoining-owner notification can attract organized opposition.
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.