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Washington County, UT Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Occupancy threshold
183 consecutive days/year
Rentable units
Only 1 unit per lot may rent
Deed restriction
Recorded restriction required, § 10-13-18.D.3
Temporary leave allowance
Up to 2 years, military/religious
Enforcing agency
Community Development Department
License tie-in
Business license required to rent

Summary

In unincorporated Washington County, an accessory dwelling unit or the main house must be owner-occupied at least 183 days a year before the other unit can be rented long-term. The rule ties owner-occupancy to the county assessor's primary residential exemption, not just a lease address.

City-specific rules exist: St. George has its own adu owner occupancy rules that differ from Washington County's county-level regulations. If you live in St. George, check the city-specific page instead.

Occupancy. Either the accessory dwelling unit or the single-family dwelling shall be owner-occupied, and be the primary residence of the owner-occupant with the primary residential exemption as determined by the Washington County assessor's office, in order to utilize the other dwelling as a long term rental dwelling. The non-owner-occupied unit is limited to no more than one family. For the purposes of this subsection "owner-occupied dwelling unit" means a unit that is occupied by the owner for a minimum of one hundred eighty-three (183) consecutive calendar days during the calendar year, except temporary leave for religious, military, or other legitimate purposes qualifies as owner occupancy if not exceeding two years. While away, the owner shall not offer the owner-occupied dwelling unit for rent separately from the accessory dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).

Full Breakdown

4 requires that either the accessory dwelling unit (ADU) or the primary single-family dwelling on the same lot be owner-occupied before the other unit can be rented on a long-term basis. The code defines "owner-occupied" precisely: the owner must physically occupy the unit for at least 183 consecutive calendar days during the calendar year, and the exemption ties to the primary residential exemption the Washington County Assessor's office grants for that parcel, not merely legal title. A temporary absence for religious, military, or other legitimate purposes still counts as owner occupancy so long as it does not exceed two years, but while the owner is away the code bars advertising the owner-occupied unit for rent separately from the ADU.

3, the county also requires the owner to record a deed restriction, on a form the county accepts, before the non-owner-occupied unit may be long-term rented; the restriction must state that the lot or parcel will remain owner-occupied. f, and renewal of that license depends on the owner continuing to prove compliance with the occupancy standard. Only one ADU on a property may ever be rented, and the non-owner-occupied unit is capped at housing no more than one family. Community Development staff review ADU land use permit applications for compliance with this section alongside the standard site plan, floor plan, and utility plan submittals, and route them to the fire authority, health department, and Building Division before a permit issues. The section was most recently amended by Ordinance 2025-1292-O on May 6, 2025.

Violations & Fines

Washington County Code § 10-13-18.E ties enforcement to the business license, not a standalone fine: noncompliance with the owner-occupancy standard is "just cause" for the county to deny a business license application or renewal, or to revoke an existing license, whenever the original approved conditions no longer hold. The chapter also incorporates the penalties set out in the county's general zoning enforcement provisions for chapter violations.

Frequently Asked Questions

How many days must I live in my Washington County ADU or house to rent the other unit?
You or the co-owner must occupy the ADU or the single-family home for at least 183 consecutive calendar days in the calendar year, per Washington County Code § 10-13-18.B.4. The county also requires that unit carry the primary residential exemption from the County Assessor's office; without that exemption, the occupancy period alone will not satisfy the rule.
Can I be away from my Washington County ADU property and still meet the owner-occupancy rule?
Yes, but only for religious, military, or other legitimate purposes, and only if the absence does not exceed two years, under § 10-13-18.B.4. While away, you cannot advertise the owner-occupied unit for rent separately from the ADU; doing so breaks compliance and can jeopardize the required business license.
Do I need a deed restriction to rent an ADU long-term in Washington County?
Yes. Section 10-13-18.D.3 requires a deed restriction recorded against the property, on a county-approved form, acknowledging the lot will remain owner-occupied, before either the primary dwelling or the ADU may be rented long-term. The restriction is required in addition to the 183-day occupancy standard.
What happens if I stop meeting the owner-occupancy requirement after renting my ADU?
The county treats it as just cause to deny a business license renewal or revoke an existing one under § 10-13-18.E. Losing the primary residential exemption from the County Assessor's office has the same effect, since the occupancy standard is measured against that exemption.

Sources & Official References

Other rules in Washington County

All Washington County rules

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