Surry County

ADU Pass helps homeowners in Surry County, Virginia navigate the permit paperwork for building an accessory dwelling unit. We cover 4 cities and 6 ZIP codes in this county.

6 ZIP codes
4 Cities

County ADU details

County ADU ordinance

Surry County does NOT maintain a standalone accessory-dwelling-unit ordinance with dedicated definitional and dimensional standards. ADUs are regulated indirectly through the Zoning Ordinance's treatment of 'accessory use,' 'accessory structure,' 'guest house,' and 'family-member dwelling' provisions in combination with the per-district use schedules. In the A-R Agricultural-Rural district, which covers the great majority of county acreage, a 'family-member dwelling' or farm-labor tenant dwelling is typically permitted subject to minimum lot area requirements and demonstrated agricultural or family-member use; a fully independent second dwelling for non-family occupancy on a single lot typically requires a Special Use Permit from the Board of Supervisors after Planning Commission recommendation. In the R-1 and R-2 Residential districts, accessory structures (workshops, detached garages, no-kitchen guest cottages) are typically permitted by-right subject to setback, height, and lot-coverage standards; an independent second dwelling in those districts typically requires SUP review. Applicants should confirm current ordinance text with the Surry County Department of Planning and Community Development before committing to a project pro forma.

County permitting (unincorporated parcels)

Surry County's Department of Planning and Community Development handles zoning permits, Special Use Permits, site plan review, subdivision review, and Chesapeake Bay Preservation District administration for every parcel in the county except those inside the Town of Surry or the Town of Claremont (which administer their own zoning and permitting) and state/federal land. Building Inspections issues building permits and trade permits for the same non-town territory. A typical ADU-like permit bundle (where a second dwelling is permitted) includes: (1) a Special Use Permit from the Board of Supervisors with Planning Commission recommendation, unless the parcel qualifies for an A-R family-member or farm-labor dwelling allowance, (2) a Zoning Permit confirming use compliance and district setback compliance, (3) a Building Permit with stamped residential plans, (4) Electrical, Plumbing, and Mechanical trade permits, (5) a Virginia Department of Health (VDH) - Western Tidewater Health District construction permit for well and/or septic on parcels not served by public water or sewer (which is the great majority of unincorporated parcels), (6) a Floodplain Development Permit if any portion of the parcel intersects the mapped 100-year SFHA along the James River, the Chickahominy / Diascund / Mill Pond drainages, or other mapped tributaries, (7) a Chesapeake Bay Preservation Act review — Surry County IS a Tidewater locality subject to the CBPA, with Resource Protection Area (RPA) and Resource Management Area (RMA) rules applying countywide given the James River tidal frontage, (8) a Virginia Marine Resources Commission (VMRC) joint permit for any work below mean high water or encroaching on tidal wetlands of the James, (9) US Army Corps of Engineers permit where federal waters are involved, and (10) historic-resource review at Bacon's Castle, Smith's Fort, and other NRHP-listed parcels.

County assessor

Surry County real estate is assessed by the Office of the Commissioner of the Revenue working with the Real Estate Assessment Office. Surry County operates on a periodic general-reassessment cycle under Va. Code § 58.1-3252; the county historically uses a multi-year cycle with reassessments typically contracted to an outside assessment firm. A 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 Inspections, and the Real Estate Assessment Office adds the second dwelling'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 second-dwelling addition. Note: the Surry Power Station nuclear-generating facility (Dominion Energy) is a major commercial / industrial assessment line in the county and significantly affects countywide tax-base composition.

NameSurry County Office of the Commissioner of the Revenue / Real Estate Assessment Office
Address45 School Street, Surry, VA 23883
Parcel lookupOnline lookup

Assessment policy: A second dwelling 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, the Real Estate Assessment Office prorates the supplemental assessment from the completion date through the end of the tax year under Va. Code § 58.1-3292. The second dwelling is added at its assessed fair-market value on top of the parcel's existing land and improvement value; the existing primary dwelling is NOT revalued off-cycle. There is no Surry-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. Land Use Assessment under Va. Code § 58.1-3229 et seq. is locally adopted and is consequential — Surry County is an agricultural / silvicultural county with substantial enrollment in use-value assessment.

County overlays (5)

Surry County administers several overlay regimes that bear materially on ADU projects, with coastal / tidal exposure being the dominant physical constraint along the James River frontage. The relevant overlays are: (1) a Floodplain Overlay District tied to FEMA Special Flood Hazard Areas along the James River, the Chickahominy River drainage to the north (the James-Chickahominy confluence is at the county's northeast corner across from Charles City), and various tidal creek systems (Lawnes Creek, Hog Island Creek, Lower Chippokes Creek, Upper Chippokes Creek); (2) Chesapeake Bay Preservation Act jurisdiction across the entire county (Surry is a Tidewater locality designated 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 on much of the remaining land; (3) Virginia Marine Resources Commission (VMRC) tidal-wetlands and subaqueous-bottom jurisdiction reaching any project touching tidal waters along the James and its tributaries; (4) NRHP-listed historic resources of exceptional national significance, including Bacon's Castle (a National Historic Landmark, oldest surviving brick dwelling in English North America, 1665), Smith's Fort plantation (associated with Pocahontas — the dwelling site John Rolfe owned and on which he lived briefly with Pocahontas after their 1614 marriage; the existing house is a 1763 brick structure on the site, NRHP-listed), Chippokes Plantation State Park (NRHP-listed plantation operated by Virginia State Parks, Mansion House and farm complex), Pleasant Point and Four Mile Tree plantations, and various NRHP-listed colonial-era resources; (5) the Surry Power Station Emergency Planning Zone (10-mile and 50-mile EPZs around the nuclear-generating facility, which constrain certain critical-facility siting decisions but do not directly restrict residential ADU construction); (6) state parkland at Chippokes Plantation State Park (one of the larger James River frontage state parks). Surry County has NO California-style coastal commission, NO CalFire-equivalent WUI overlay, NO seismic-retrofit overlay, and NO airport-noise overlay.

Known county issues (8)

  • other — ADU pro formas that would pencil as by-right or ministerial projects in jurisdictions with codified ADU ordinances require a discretionary SUP cycle in Surry County. This adds roughly 90-150 days of wall-clock, a separate SUP application fee ($400-$1,500), neighbor-notification and public-hearing burdens, and case-by-case conditions imposed by the Board of Supervisors.
  • other — Floodplain Development Permits, elevation certificates ($400-$1,200 each by a private licensed surveyor), and elevated-foundation construction are line items on James River frontage ADU projects. Substantial Improvement review (NFIP 50% cumulative-cost threshold) can force NFIP compliance on the primary dwelling. For typical inland A-R parcels, floodplain exposure is nil. Applicants should pull the FEMA FIRM panel and an elevation certificate BEFORE pricing a project on any waterfront parcel.
  • other — An ADU proposed on a parcel with any RPA overlap must avoid the 100-foot buffer or pursue a Water Quality Impact Assessment (WQIA) exception. Inland A-R ADU projects with no nearby tidal water typically have RMA-only exposure and modest CBPA review burden. Waterfront and tidal-creek-adjacent projects face the same RPA constraints as Charles City, James City, and the Northern Neck counties. Typical CBPA delineation and review adds 30-60 days and $500-$2,500 in soft costs to waterfront projects.
  • other — VDH well-and-septic evaluation is a separate timeline from county permit review. Applicants should initiate VDH application in parallel with — not after — the county pre-application inquiry. Septic-driven dwelling-unit caps at the parcel level frequently constrain ADU bedroom counts.
  • policy-review — Applicants should confirm the current ordinance text with the Department of Planning and Community Development (757-294-5210) 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.
  • other — STR / B&B ADU pro formas in Surry County may differentiate by sub-market: heritage-tourism corridors (along Bacon's Castle Trail, near the Scotland ferry landing, near Chippokes State Park) support stronger nightly rates and longer occupancy patterns than inland A-R parcels. The heritage-tourism market is sensitive to the operating status of the underlying historic sites (Preservation Virginia and DCR State Parks programming, special events, etc.). Applicants planning heritage-tourism-driven pro formas should validate site-by-site demand patterns and STR rules before committing to a project.
  • other — Standard homeowners insurance policies typically include nuclear-incident exclusions; supplementary coverage is available through the Price-Anderson Act federal indemnification regime. ADU pro formas in the 10-mile EPZ do not face material additional regulatory burden but applicants should confirm insurance coverage. The EPZ has no impact on the value of heritage-tourism STR pro formas in the abstract; tourism continues normally throughout the EPZ. Property-value impacts from nuclear-plant proximity have been studied broadly and are generally modest in the Surry context, where the plant has been an established part of the local economy for over 50 years.
  • other — Construction logistics and material-delivery scheduling can be more complex in Surry County than in road-connected counties. The ferry has weight and length restrictions that can affect material loads; ferry queues during peak heritage-tourism season can add unpredictable delays. Some Williamsburg-side contractors will work on Surry-side projects via the ferry; others prefer to work only on the contiguous-road south side. Applicants should evaluate contractor availability and logistics costs in the project pro forma.
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.