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Madera County, CA Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

Local rule
second unit not for sale or rent
Local rule
family occupancy only
Minimum lot size
1 acre
Overriding law
state ADU statute, Gov. Code §§ 66310-66342

Summary

Madera County's second-unit overlay ordinance bars renting or selling a second dwelling and requires family-only occupancy, but state ADU law (Gov. Code §§ 66310-66342) overrides that restriction wherever it conflicts, so the local no-rental rule no longer controls.

City-specific rules exist: Madera has its own adu rental restrictions rules that differ from Madera County's county-level regulations. If you live in Madera, check the city-specific page instead.

A second single family residence shall be allowed on lots of one acre or larger subject to the following conditions and requirements: 1. The second single family residential unit is not for sale or rent; 2. The lot contains an existing single family dwelling unit that is owned and occupied by the applicant as his or her principal residence; ... 4. The second unit shall be occupied by members of the immediate family (i.e., parent(s), children) of the occupant(s) of the principal residence.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52).

Full Breakdown

Chapter 18.81, the county's Second Unit Overlay District (SUO), allows a second single-family residence on lots of one acre or more, but only where the principal residence is owner-occupied and the second unit is occupied by immediate family and not for sale or rent (§ 18.81.010(A)). This is a pre-2017 'second unit' ordinance (Ord. 525C, 1993; Ord. 525HH, 2008) that predates California's statewide ADU law (Gov. Code §§ 66310-66342, formerly § 65852.2), which now overrides conflicting local occupancy and rental restrictions on accessory dwelling units, including in counties. Where the two conflict, state law controls.

Violations & Fines

The county's no-rental and family-occupancy clause is not enforceable against ADUs under state preemption; the county instead enforces against building a second unit without required permits or outside the mapped SUO overlay boundary.

Frequently Asked Questions

Can I rent out a second unit or ADU in unincorporated Madera County?
Yes. Though § 18.81.010(A) bars renting a 'second unit,' state ADU law (Gov. Code §§ 66310-66342) overrides local rental and occupancy restrictions.
What does the Second Unit Overlay (SUO) require?
A one-acre-plus lot, an owner-occupied principal residence, and family-only occupancy of the second unit: the county's pre-2017 ordinance under § 18.81.010(A).

Sources & Official References

Other rules in Madera County

All Madera County rules

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

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ADU Rental Restrictions in Cities Across Madera County