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San Benito County, CA Accessory Structures: ADU Impact Fees (2026)

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

Key Facts

Fee waiver threshold
Under 750 sq ft
Larger ADU fee
Proportional to floor area
Example rate
750/2,250 sq ft = 33%
Water/sewer charges
Still apply separately

Summary

ADUs under 750 square feet pay zero county impact fees in unincorporated San Benito County; larger units pay a fee scaled to their share of the primary home's floor area.

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

No county-imposed impact fees shall be charged for an accessory dwelling unit that is less than 750 square feet in size. For accessory dwelling units 750 square feet or larger, county-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).

Full Breakdown

San Benito County waives county-imposed impact fees entirely for any accessory dwelling unit smaller than 750 square feet. Once an ADU hits 750 square feet or more, fees are charged proportionately: divide the ADU's floor area by the primary dwelling's floor area, then apply that fraction to the standard new-dwelling fee (a 750-square-foot ADU next to a 2,250-square-foot house pays 33% of the usual fee). The break covers only county impact fees, water and sewer connection or capacity charges, garbage and recycling charges, and fees from other agencies still apply on their own schedules.

Violations & Fines

Impact fees are collected as a condition of the building permit, so there's no separate violation: an applicant who understates ADU square footage to dodge the proportional fee risks permit revocation and repayment once discovered.

Frequently Asked Questions

Does a small ADU in San Benito County pay county impact fees?
No. ADUs under 750 square feet are exempt from county-imposed impact fees entirely.
How are fees calculated for a larger ADU?
Proportionately: the ADU's floor area divided by the primary home's floor area, times the standard new-dwelling fee amount.

Sources & Official References

Other rules in San Benito County

All San Benito County rules

California rules heatmap·Compare San Benito County to another location·View the California accessory structures overview

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