Butte County, CA Accessory Structures: ADU Impact Fees (2026)
Key Facts
- Fee waiver threshold
- ADU/JADU under 750 sq ft
- Fee at/above 750 sq ft
- Proportionate to primary dwelling sq ft
- State cross-reference
- Gov. Code § 66323
- Governing section
- Zoning Ordinance § 24-172(D)(3)
Summary
Butte County cannot charge an impact fee on an accessory dwelling unit or junior ADU under 750 square feet, and any fee on a larger ADU must scale proportionately to the primary dwelling's square footage under Section 24-172(D)(3).
A local agency, special district or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit or a junior accessory dwelling unit that is less than seven hundred fifty (750) square feet. Any impact fee charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Additional restrictions on imposing impact fees on accessory dwelling units or junior accessory dwelling units are set forth in Government Code Section 66323.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
22. 3 sets the impact fee rule directly: a local agency, special district or water corporation cannot impose any impact fee on an ADU or JADU under 750 square feet, and for units at or above that threshold the fee must be charged proportionately to the square footage of the primary dwelling unit rather than as a flat charge. The section cross-references Government Code Section 66323 for additional state-law restrictions on ADU impact fees beyond this proportionality rule. The fee waiver sits alongside other D-subsection site rules: ADUs and JADUs must be on legally created parcels, are treated as an accessory use that does not count against the parcel's allowable density, and are deemed a residential use consistent with the existing general plan and zoning designation, meaning a qualifying ADU does not need a separate land use entitlement beyond the building permit contemplated in Subsection B.
Guest houses are carved out of this section's requirements entirely and instead regulated under Section 24-156(g). This fee treatment is distinct from the parking and setback standards found in Subsection G of the same section, and from the impact fee exemption for the primary dwelling itself, which is a separate policy question the state statute and this local section address only for the accessory unit.
Violations & Fines
A local agency or district that imposes a flat impact fee on an ADU under 750 square feet, or fails to prorate the fee for a larger unit to the primary dwelling's square footage, is out of compliance with Section 24-172(D)(3) and the cross-referenced Government Code Section 66323, giving the applicant grounds to challenge the fee through the county's permit appeal process or under state ADU law directly.
Frequently Asked Questions
Does Butte County charge impact fees on a small ADU?
How is the fee calculated on a larger ADU?
Does this fee rule apply to guest houses too?
Sources & Official References
Other rules in Butte County
California rules heatmap·Compare Butte County to another location·View the California accessory structures overview
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