SB 528 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 528	MT	2023	R	Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, By-right zoning, Impact fees, Limit local requirements on ADU occupants, Minimum parking requirements

Provided by Furman

Summary

This act revises municipal zoning laws to require municipalities to adopt regulations to allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.
An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel. It requires municipalities to adopt certain regulations in relation to accessory dwelling units, and prohibits certain regulations in relation to accessory dwelling units such as parking requirements, owner occupancy, familial relationships, impact fees, or more onerous development standards beyond this act.
It allows municipalities to charge a fee to review applications to create accessory dwelling units.
The act is effective January 1, 2024. A municipality that has not adopted or amended regulations pursuant to this section by January 1, 2024, shall review and permit accessory dwelling units in accordance with the requirements of this section until regulations are adopted or amended. Regulations in effect on or after January 1, 2024, that apply to accessory dwelling units and do not comply with this section are void.

Provided by lawmakers