Washington County, MN Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required
- Yes, for the primary structure
- Governing provision
- Development Code Ch. 2, Sec. 2.1(3)(B)
- Compliance check
- Annual January renewal affidavit
- Applies to
- Accessory apartments in Shoreland Overlay, unincorp. county
Summary
Washington County requires the primary structure containing an accessory apartment to be owner-occupied. Development Code Section 2.1(3)(B) states plainly that 'the structure in which an accessory apartment is located shall be owner occupied,' foreclosing rental of both units to non-owners.
(3)(B) The structure in which an accessory apartment is located shall be owner occupied.
Full Breakdown
1(3) turn that owner-occupancy premise into an enforceable rule. 1(3)(B) requires that 'the structure in which an accessory apartment is located shall be owner occupied,' meaning the property owner (or a qualifying resident) must live in the dwelling for the accessory apartment arrangement to remain lawful; a landlord who owns the home but does not live there, renting out both the main house and the accessory unit to unrelated tenants, does not meet this standard. 1(3)(D), where the owner must obtain a new Certificate of Compliance every January and present, by affidavit, proof that the circumstances underlying the original approval, including owner occupancy, have not changed.
1(3)(C). This standard applies only to accessory apartments in the Shoreland Management Overlay District within the unincorporated county's agricultural and residential districts; it does not govern rental housing inside incorporated cities such as Stillwater or Woodbury.
Violations & Fines
If the owner moves out and the property becomes non-owner-occupied while an accessory apartment is in operation, the arrangement falls out of compliance with Section 2.1(3)(B); at the required January renewal, the owner cannot truthfully attest by affidavit that circumstances are unchanged under Section 2.1(3)(D), and the Zoning Administrator can decline to renew or revoke the Certificate of Compliance, requiring the accessory unit to be discontinued.
Frequently Asked Questions
Does the owner have to live in the house with an accessory apartment?
What if I buy a home with an existing accessory apartment but rent out the whole property?
How is owner-occupancy verified for an accessory apartment?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Minnesota accessory structures overview
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