La Plata County, CO Accessory Structures: ADU Rules (2026)
ADU rules in La Plata County, CO, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Governing section
- Section 73-3, Additional dwelling units
- No-permit thresholds
- Second unit 70 acres, third unit 105 acres
- Agricultural director determination
- 30 acres second unit, 45 acres third unit
- Second unit size cap
- Primary dwelling size or 2,000 square feet, whichever is less
- Administrative permit parcel size
- At least 6 acres
- Fourth unit
- Major land use permit
Summary
In unincorporated La Plata County, Colorado, Section 73-3 of the County Code allows additional dwelling units with a principal single family home. A second unit needs no land use permit on 70 acres, and a third needs none on 105 acres. Smaller parcels go through a director determination or an administrative, minor, or major land use permit.
I. Applicability. ... Additional dwelling units are allowed in conjunction with a principal single family residential dwelling unit provided the additional dwelling unit complies with the standards of this section. II. No land use permit required. A second dwelling unit on one (1) parcel does not require a land use permit if the parcel is at least seventy (70) acres. A third dwelling unit on one (1) parcel does not require a land use permit if the parcel is at least one hundred and five (105) acres. ... ... B. General second dwelling unit. One (1) second dwelling unit on one (1) residential parcel may be approved pursuant to a director determination if sufficient written documentation is submitted and supports the following requirements: ... ... 2. The livable floor area of the second dwelling unit does not exceed the size of the primary dwelling unit or two thousand (2,000) square feet, whichever is less; ... IV. ... Administrative land use permit. ... One (1) second dwelling unit on one (1) parcel may be approved pursuant to an administrative land use permit if not eligible for a director determination and the parcel is at least six (6) acres or more.
Full Breakdown
Section 73-3 of the La Plata County Code allows additional dwelling units in conjunction with a principal single family residential dwelling unit, provided they meet the section's standards. The route depends on parcel size and use. No land use permit is required for a second dwelling unit on a parcel of at least seventy acres, or for a third on a parcel of at least one hundred and five acres.
Agricultural parcels can qualify for a director determination under the process in section 66-4: at least thirty acres for a second unit and forty-five acres for a third, assessed as agricultural in the most recent county assessment, with each unit meeting water quantity and quality standards under section 70-4, on-site wastewater treatment system standards under section 70-3, and driveway standards under chapter 74. A proposed central water or sewer system needs written documentation from the provider that it has capacity.
On a general residential parcel, one second unit can be approved by director determination if it shares the primary dwelling's electrical meter, water source, on-site wastewater treatment system, and access, and its livable floor area does not exceed the size of the primary dwelling unit or 2,000 square feet, whichever is less. It must meet the same water, wastewater, and driveway standards, and director determinations still meet the general approval criteria of section 66-16.
A parcel of at least six acres that is not eligible for a director determination can get one second unit through an administrative land use permit. A second or third unit that fits neither route needs a minor land use permit, and adding a fourth or more dwelling units requires a major land use permit under sections 66-7 and 66-21. Resolution No. 2022-01 amended the section, effective January 4, 2022.
Violations & Fines
Building or using a second or third dwelling unit without the required determination or permit is a violation under Section 80-3, enforced by the director, building official, or code enforcement officer. A notice to correct violation gives 30 days. An uncorrected violation becomes a violation determination, appealable in writing to the Board of County Commissioners within 10 days, and the county attorney can seek an injunction, with penalties assessed for each day the violation exists.
Frequently Asked Questions
Can I build a second house or garage apartment on my lot in unincorporated La Plata County?
How big can a second dwelling unit be?
What is a director determination for a dwelling unit?
When is a major land use permit required for dwelling units?
Sources & Official References
Other rules in La Plata County
How La Plata County compares: Easiest Cities to Build an ADU·Compare La Plata County to another location·View the Colorado accessory structures overview
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