Surry

ADU Pass helps homeowners in Surry, Surry County, Virginia navigate the permit paperwork for building an accessory dwelling unit. This area covers 2 ZIP codes.

2 ZIP codes

ADU details

ADU legality: allowed-with-restrictions

Statewith-restrictions (Virginia SB531 (2026) effective 2027-07-01; Va. Code Title 15.2 Chapter 22 Article 7) — Virginia SB531 signed April 14, 2026, effective July 1, 2027 establishes statewide by-right ADUs in single-family residential zones with a $500 permit-fee cap and primary-dwelling-equivalent setbacks. Surry County is not exempt (no pre-2026-01-01 ADU ordinance). Until SB531 takes effect, the Town of Surry and Surry County zoning ordinances govern.
Countywith-restrictions (Surry County Zoning Ordinance) — Surry County zoning ordinance allows accessory family-dwelling uses subject to district regulations, setbacks, and Chesapeake Bay Preservation Area overlay where applicable. Surry's Agricultural-Rural (A-R) and Limited Residential (R-1) districts are the dominant categories around the Town.
Citywith-restrictions (Town of Surry Zoning Ordinance / Surry County (small-town hybrid governance)) — The Town of Surry is the county seat of Surry County and the smallest town in the county (population ~232). Surry's compact downtown surrounds the historic Surry County Courthouse and the Surry County Government Center. Lot sizes are typical of a small Virginia rural-Tidewater town; many in-town parcels are under 0.5 acre. Most ADU activity in Surry is small detached cottages or in-place conversions; the Chesapeake Bay Preservation Act applies to most of the county.

Surry ADUs today follow Town of Surry zoning aligned with Surry County. SB531 will preempt Surry's discretion July 1, 2027, requiring by-right ADUs in single-family residential zones with a $500 fee cap.

Cost scenarios

ScenarioSq ft PermitBuildTotal
minimum 150 $1,100 $32,550 $33,650
600 600 $1,100 $130,200 $131,300
midpoint 525 $1,100 $113,925 $115,025
maximum 900 $1,100 $195,300 $196,400
Fee breakdown (as of 2026-05)
Plan review$350
Building permit$750
Total$1,100

Permitting process

Typical duration100 days
Backlog18 days

Viability (permitted uses)

  • Long-term rental: yes Long-term rental of an ADU permitted; Virginia Residential Landlord and Tenant Act governs.
  • Short-term rental: with-restrictions Town of Surry and Surry County both treat STR as requiring SUP or a specific use approval in most districts. STR demand exists due to historic-tourism traffic (Surry-Jamestown ferry, Bacon's Castle, Smith's Fort).
  • Office rental: with-restrictions Detached office rental to outside tenants requires commercial-use SUP or rezoning.
  • Home office: yes Home-occupation permitted with the customary limits on signage, traffic, and outside employees.
  • Studio / workshop: yes Personal artist studio is a permitted accessory use.
  • Agriculture: yes A-R is the dominant rural district; agricultural and accessory-farm uses are by-right.
  • Relative support: yes Family/multigenerational ADU is the most common pattern in rural Tidewater Virginia.

Incentives

Contacts

DepartmentSurry County Department of Planning and Community Development / Town of Surry Town Office

Staff: Surry County Planning and Community Development Director (Planning Director / Zoning Administrator), Surry County Building Inspections (Building Official), Town of Surry Town Office (Town Clerk), Virginia Department of Health Crater Health District (Environmental Health Specialist)

Utilities

  • Water: Town of Surry water (small downtown footprint) or private well outside Town limits · 45d connect · $5,500
  • Sewer: Town of Surry sewer (limited downtown coverage) or private septic on most county parcels · 60d connect · $8,500
  • Electric: Dominion Energy Virginia · 25d connect · $2,200
  • Gas: No natural-gas distribution in Surry; bottled propane standard. · 14d connect · $1,850

Property values & taxes

Median value$195,000
Median tax$1,500/yr
Effective rate0.8%

Construction timeline

Detached build22 weeks
Conversion13 weeks
Contractor lead3 months

Realistic total: best 7mo · typical 10mo · worst 15mo

Modular pathway inspectors are occasional with modular

Financing

Fannie Mae ADUeligible

State ADU loans:

Insurance impact

Annual premium delta$510
Landlord policyrecommended
Umbrella threshold$1M umbrella; James River frontage exposure noted on policies.

HOA prevalence & preemption

State HOA preemptionno

Surry has minimal HOA presence; rural Tidewater Virginia is predominantly subdivision-free. Riverside developments along the James have HOAs.

Regulatory overlays (2)

  • flood-zone
    Surry County has substantial SFHA exposure along the James River and tidal tributaries. The Town of Surry sits on uplands above the river and has limited in-town SFHA exposure; many county parcels along Gray's Creek and the James are mapped Zone AE or VE. (map)
  • wetland-overlay
    Virginia Chesapeake Bay Preservation Act applies countywide; Resource Protection Areas extend 100 ft from perennial flow with strict development limits. (map)
Technical envelope (climate & building code)

Climate & energy code

IECC climate zone4A
Heating degree days3,950
Cooling degree days1,620
Design low / high19°F / 93°F
Frost depth14"
Design snow load15 psf
Wind design speed120 mph
Seismic design cat.B
Annual rainfall47"
Wildfire exposurelow
Energy codeIECC
Version / adopted2021 / 2024

Building code

Base codeIRC
Version year2,021
Adopted2024
Fire sprinklernone
Egress window5.7 sqft min
Min ceiling7 ft
Attic R-valueR-49 min
Wall R-valueR-20 min

Amendments:

  • Amendment

Known issues (2)

  • other — Adds 2-4 weeks and ~$1,500-$3,000 in soft costs for parcels with RPA/RMA intersection.
  • other — Construction logistics planning required; ferry runs every 30-60 min daytime, hourly overnight.
Surry County — county ADU rules and overlays

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 regulatory overlays

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.

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.

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 Codes

  • 23881
  • 23883

Post Office

  • 91 Colonial Trl E, 23883