ADU Pass
Stony Creek
Sussex County portion
Also in: Dinwiddie County
ADU Pass helps homeowners in Stony Creek, Sussex 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
Stony Creek ADUs follow Town of Stony Creek zoning aligned with Sussex County. SB531 will mandate by-right ADUs starting 2027-07-01.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 150 | $950 | $30,000 | $30,950 |
| 600 | 600 | $950 | $120,000 | $120,950 |
| midpoint | 525 | $950 | $105,000 | $105,950 |
| maximum | 900 | $950 | $180,000 | $180,950 |
Fee breakdown (as of 2026-05)
Permitting process
Viability (permitted uses)
- Long-term rental: yes Long-term rental of an ADU permitted; VRLTA governs.
- Short-term rental: with-restrictions STR requires SUP in most districts; demand very limited.
- Office rental: with-restrictions Detached office rental requires SUP.
- Home office: yes Home occupation permitted with customary limits.
- Studio / workshop: yes Personal artist studio permitted.
- Agriculture: yes Agricultural uses by-right in A-1.
- Relative support: yes Family/multigenerational ADU common.
Incentives
Contacts
Staff: Sussex County Planning Director / Zoning Administrator (Planning Director / Zoning Administrator), Sussex County Building Inspections (Building Official), Virginia Department of Health Crater Health District (Environmental Health Specialist)
Utilities
- Water: Private well on most parcels; limited Town of Stony Creek water service · 60d connect · $7,500
- Sewer: Private septic on most parcels; very limited public sewer · 75d connect · $9,500
- Electric: Dominion Energy Virginia · 28d connect · $2,200
- Gas: No natural-gas distribution; bottled propane standard. · 14d connect · $1,850
Property values & taxes
Construction timeline
Realistic total: best 7mo · typical 11mo · worst 16mo
Modular pathway inspectors are occasional with modular
Financing
State ADU loans:
- Virginia Housing
- USDA Rural Development Section 504 up to $40,000
Insurance impact
HOA prevalence & preemption
Effectively HOA-free in rural southwestern Sussex.
Regulatory overlays (2)
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Amendment
Legal history (timeline)
Current ordinance: Town of Stony Creek Zoning Ordinance / Sussex County Zoning Ordinance, adopted 1980-01-01, last amended 2021-01-01
- 1888-01-01 — Stony Creek established as Atlantic Coast Line rail community (infrastructure)
Stony Creek was established as a small Atlantic Coast Line Railroad community in southwestern Sussex County in the late 19th century, named for the nearby tributary of the Nottoway River.
Effect: Established Stony Creek as a rail-corridor commerce point along US-301. - 1988-07-01 — Virginia Chesapeake Bay Preservation Act adopted (state-statute)
Sussex County is subject to the Chesapeake Bay Preservation Act.
Effect: RPA/RMA designations affect Nottoway River and tributary frontage. - 2026-04-14 — Virginia SB531 signed - statewide by-right ADU mandate effective 2027-07-01 (state-statute)
Statewide by-right ADUs, $500 fee cap, primary-dwelling-equivalent setbacks. Effective 2027-07-01.
Effect: Town of Stony Creek and Sussex County must permit by-right ADUs from 2027-07-01.
Known issues (1)
- other — Lead times of 3-5 months are typical; small projects may need to bundle with neighboring jobs.
Sussex County — county ADU rules and overlays
County ADU ordinance
Sussex 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-1 Agricultural 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-R Rural Residential and R-1 / 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 Sussex County Department of Community Development (or Planning Office) before committing to a project pro forma.
County regulatory overlays
Sussex County administers several overlay regimes that bear on ADU projects. The relevant overlays / hazard layers are: (1) a Floodplain Overlay District tied to FEMA Special Flood Hazard Areas along the Nottoway River (the southern boundary with Southampton), the Blackwater River drainage along the eastern boundary, the Stony Creek / Sappony Creek system (which crosses the I-95 corridor near the Town of Stony Creek), and other Coastal Plain tributaries; (2) NRHP-listed historic resources scattered across the county including the Sussex County Courthouse (a c. 1828 brick Greek Revival courthouse, NRHP-listed) and various plantations and village cores; (3) the Erosion and Sediment Control program for projects disturbing more than 10,000 sqft; (4) any town-administered historic-preservation in the four incorporated towns. The Chesapeake Bay Preservation Act DOES NOT apply (Sussex drains to the Chowan / Albemarle Sound system, not to the Chesapeake watershed, and is not a Tidewater designated locality). There is NO California-style coastal commission, NO CalFire-equivalent WUI overlay, NO seismic-retrofit overlay, and NO airport-noise overlay materially affecting county parcels.
County permitting (unincorporated parcels)
Sussex County's Department of Community Development handles zoning permits, Special Use Permits, site plan review, subdivision review, building permits, inspections, and floodplain-overlay administration for every parcel in the county except those inside the incorporated towns (Stony Creek, Wakefield, Jarratt, Waverly) or on state/federal land (notably the Sussex State Prison Complex, which is on state-owned land). 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-1 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) - Crater 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 — public water/sewer service is concentrated near the four incorporated towns and is essentially absent in the rural interior), (6) a Floodplain Development Permit if any portion of the parcel intersects the mapped Special Flood Hazard Area (the Nottoway River along the southern boundary, the Stony Creek / Sappony Creek tributaries, and the Blackwater River along the eastern boundary all carry mapped floodplains), (7) an Erosion and Sediment Control Plan for projects disturbing more than 10,000 sqft, (8) any applicable local historic-overlay review (limited but present at certain NRHP-listed parcels). The Chesapeake Bay Preservation Act DOES NOT apply in Sussex County — like Southampton, the county drains to the Chowan / Albemarle Sound system, not to the Chesapeake watershed, and is not a Tidewater designated locality.
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
- 23882
Post Office
- 12445 Main St, 23882