New ADU Laws Could Cost Chelan County Homeowners

New laws are going into effect this summer concerning accessory dwelling units (ADU) and Chelan County wants residents to get ahead of the changes.

What the New ADU Laws Change

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Chelan County Community Development encourages people with unpermitted ADUs in rural areas to talk with Community Development before the new state laws go into effect July 1.

A bill recently passed by the state Legislature imposes higher fines and after-the-fact permitting fees on detached ADUs that are unpermitted and outside an urban growth area. The bill also includes several new regulations.

“We want to work with people before these new regulations and fines go into effect,” said Community Development Director Deanna Walter. “Come talk with us before you must abide by these new state-mandated rules. We will try to work with you to get you permitted and built to current compliance before the new rules hit.”

Who Is Affected by the New Rules

In an effort to ease the state's housing crisis in rural areas, the state Legislature passed HB 1345, allowing one ADU, either attached or detached, on one parcel of land located outside of an Urban Growth Area (UGA). Unincorporated Chelan County has allowed ADUs to be built on properties since 2011.

“The new legislation intended to spur more housing options for people, but some of these new regulations are going to be costly for people found out of compliance after July 1,” Walter said. “If you own an unpermitted, detached ADU in one of our rural areas, don’t wait to contact us. We may be able to help you.”

Key Requirements for Detached ADUs

New regulations do not apply to any detached ADUs permitted before July 1 in unincorporated Chelan County. However, on July 1, a detached ADU is not allowed on nonconforming lots that are less than 1 acre. The detached ADU also must be metered for water, and cannot be more than 1,296 square feet.

This does not include porches or covered or uncovered decks. The detached ADU must use the same driveway as the principal dwelling, and the detached ADU must be sited within 150 feet of the principal dwelling. Detached ADUs will count in density for zone and comprehensive plan designation.

Potential Fines and Penalties

Penalties could be at least $1,000 if the county identifies an unpermitted detached ADU outside of the UGA. The owner could pay triple the county's after-the-fact building permit fee, the ADU would need to be removed if not brought to existing standards, and could be prohibited from having an ADU on their property for at least three years.