ADU rules in Cape May County, NJ — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Cape May County does not regulate accessory dwelling units (ADUs) at the county level. Under New Jersey's Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., zoning authority belongs to each municipality. The county Planning Board's role under the County Planning Enabling Act (N.J.S.A. 40:27-1 et seq.) is limited to county master planning and review of subdivision and site plan applications that affect county roads, drainage, or other county facilities. Whether an ADU is allowed - and the size, setback, parking, and owner-occupancy rules that apply - is determined by the municipality where the property is located (Cape May City, Ocean City, Wildwood, Stone Harbor, Avalon, Sea Isle City, Middle Township, Lower Township, Dennis Township, Upper Township, North Wildwood, Wildwood Crest, West Cape May, Cape May Point, West Wildwood, or Woodbine).
New Jersey is a 'home rule' state for land use. The Municipal Land Use Law, N.J.S.A. 40:55D, vests zoning power - including the authority to permit, condition, or prohibit accessory dwelling units - in each municipality's governing body, planning board, and zoning board of adjustment. Counties in New Jersey do not adopt zoning ordinances that override municipal codes. Cape May County's Planning Board, established October 20, 1953 under Chapter 251, Laws of 1935 (now codified at N.J.S.A. 40:27-1 et seq.), is responsible for the County Master Plan and the review of subdivision and site plan applications under the County Subdivision and Site Plan Resolution where county roads, drainage, or other county facilities are affected. The Planning Board does not approve or deny individual ADU applications on private lots. ADU treatment varies sharply by municipality across the Jersey shore: Cape May City permits 'accessory apartments' within or attached to a principal dwelling subject to affordable-housing/COAH rules; Ocean City, Avalon, Stone Harbor, and the Wildwoods generally treat second dwelling units restrictively because of beachfront density limits, and many do not list ADUs as a permitted accessory use; townships such as Middle, Lower, Dennis, and Upper have larger lots and may allow accessory apartments under conditional-use standards. Statewide ADU preemption legislation (Senate Bill S1786 and prior versions S1106/A2792) has been introduced in the 2024-2025 and 2026-2027 sessions and would require municipalities to adopt one of two state model ordinances allowing ADUs as a ministerial use in single- and two-family zones, but as of 2026 no such bill has been enacted - so municipal ordinances still govern. Properties in Coastal Area Facility Review Act (CAFRA) zones, V/AE flood zones (FEMA), and Pinelands or Coastal AFA areas may face additional state-level review beyond municipal zoning.
Building or occupying an ADU without the proper municipal zoning approval, construction permits, or certificate of occupancy is a violation of the local zoning ordinance and the New Jersey Uniform Construction Code (N.J.A.C. 5:23). The municipal zoning officer or construction official - not Cape May County - issues notices of violation and can impose stop-work orders, daily fines, and order removal of an unpermitted structure. The County Planning Board may withhold subdivision or site plan approvals where county-road or drainage standards are not met. State-level enforcement may also apply in CAFRA, wetlands, or Pinelands jurisdictions through the New Jersey Department of Environmental Protection.
Cape May County, NJ
New Jersey law (NJSA 21:3-1 et seq.) bans virtually all fireworks. A 2017 amendment legalized only hand-held and ground-based sparkling devices, novelties, s...
Cape May County, NJ
Cape May County itself does NOT issue short-term rental permits or licenses. Under the New Jersey Constitution and N.J.S.A. 40:48-2.12a et seq., licensing an...
Cape May County, NJ
Cape May County is a peninsula community at the southern tip of New Jersey with extensive Atlantic coast V/VE and AE Special Flood Hazard Areas, governed pri...
Cape May County, NJ
Cape May County does not enforce its own pool barrier ordinance; residential and public pool barriers in the county's 16 municipalities are regulated through...
See how Cape May County's adu rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.