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Rutherford County, TN Accessory Structures: ADU Impact Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Development tax
Required for every ADU, § 1101 Q.1.d
Recorded covenant
Also required, § 1101 Q.1.c
Extra parking
Required beyond house minimum, § 1101 Q.1.e
Fee amount
Not set in this ordinance; set by county
Pre-existing ADUs
Grandfathered, not re-taxed, § 1101 Q.5

Summary

Adding an accessory dwelling unit in unincorporated Rutherford County triggers a county development tax under Zoning Ordinance § 1101 Q.1.d, on top of a recorded use covenant and extra off-street parking. The ordinance doesn't set the dollar figure here; applicants pay whatever development tax rate the county has adopted at permitting.

These county ordinances apply to unincorporated areas of Rutherford County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

c. An instrument shall be recorded with the register's office covenanting that the structure is being established as an accessory dwelling unit and may only be used under the conditions expressed herein.

d. Development tax fees will be required for the ADU.

e. Off-street parking, in addition to the off-street parking required for the single-family residence as required in Appendix D, shall be required for the ADU.

Full Breakdown

1 sets out the General Provisions every ADU application must satisfy in unincorporated Rutherford County, and the ordinance is explicit that no application can ask to amend these baseline requirements. e requires off-street parking for the ADU on top of whatever Appendix D already requires for the single-family home. f. g's septic, water and electric service verification, including sign-off from the Tennessee Department of Environment's Division of Ground Water Protection, is another cost driver handled at the same stage as the tax and covenant paperwork. 5 and continue under their original approval terms rather than being retroactively billed.

Violations & Fines

Building or converting space into an ADU without paying the required development tax and recording the § 1101 Q.1.c covenant is treated like any other zoning violation. Under § 1410, a complaint goes to the Director of Building Codes, each day of noncompliance is a separate offense, and the county can seek an injunction or withhold utility service until the fee and paperwork are resolved.

Frequently Asked Questions

How much is the Rutherford County ADU development tax?
The zoning ordinance itself doesn't list a dollar figure; § 1101 Q.1.d only states that "development tax fees will be required for the ADU." The current rate is set and collected outside the zoning ordinance, so confirm the amount with the county's Building Codes Department when you apply for your ADU permit.
What else has to happen alongside paying the tax?
Two more General Provisions apply at the same time: § 1101 Q.1.c requires you to record an instrument with the register's office covenanting the ADU's restricted use, and § 1101 Q.1.e requires off-street parking for the ADU on top of what's already required for the main house.
Does my existing ADU owe this tax retroactively?
No. § 1101 Q.5 says legally created ADUs established before these regulations took effect continue to exist and stay regulated under the conditions they were originally approved under, so a pre-existing ADU isn't billed under today's development-tax requirement retroactively.

Sources & Official References

Other rules in Rutherford County

All Rutherford County rules

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