Skip to main content
CityRuleLookup

Marin County, CA Accessory Structures: ADU Rules (2026)

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

ADU rules in Marin County, CA, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Category 1 size cap
800 sq. ft.
Category 1 setbacks
4 ft. rear/side, no front setback
Category 1 height cap
18 ft. (20 ft. matching roof pitch)
Category 2 size cap
1,200 sq. ft. (or 50% of residence)
Permit decision deadline
60 days of complete application
Category 1 minimum rental term
30 consecutive days

Summary

Marin County Development Code § 22.32.120 sorts accessory dwelling units into a by-right Category 1 (an 800 sq. ft. cap, 4 ft. side/rear setbacks, 18 ft. height) and a permitted Category 2 (up to 1,200 sq. ft.), both processed under Chapter 22.56 in the unincorporated county.

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

There are two categories of Accessory Dwelling Units, both with different criteria that apply as indicated below. Except as provided under State law, an Accessory Dwelling Unit may not be sold or otherwise conveyed separately from the primary dwelling unit. Category 1-Statewide Exemption Accessory Dwelling Units can be rented only for terms longer than 30 consecutive days. A.Category 1—Statewide Exemption. Accessory Dwelling Units in this category shall comply with the criteria listed below.1.Single-family Development:...c.The Accessory Dwelling Unit does not exceed a floor area of 800 square feet, and has minimum rear and side yard setbacks of four feet; a front yard setback is not required. A detached Accessory Dwelling Unit shall not exceed a height of 18 feet above grade except that two additional feet may be allowed to match the roof pitch of the primary dwelling. An attached Accessory Dwelling Unit shall not exceed the maximum height allowed in the respective zoning district or 25 feet above grade, whichever is greater.

Source: Marin County CDA - Accessory Dwelling Units (ADUs)View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

120 splits accessory dwelling units into two tracks. Category 1, the Statewide Exemption track, covers ADUs built entirely within an existing single-family dwelling or outbuilding, or a new detached unit up to 800 square feet with minimum four-foot rear and side setbacks and no required front setback; a detached unit is capped at 18 feet in height (20 feet if matching the primary roof pitch), while an attached unit may go to the zoning district's normal height limit or 25 feet, whichever is greater. Up to two Category 1 units are allowed per single-family lot if one sits in the house or an existing outbuilding and the other in new detached construction, and Category 1 units can only be rented for stays longer than 30 consecutive days.

Multi-family properties may add up to two detached 800-square-foot units, convert non-habitable space such as basements or garages into units, and, in buildings of five or more units, convert up to 25 percent of existing units into ADUs. 56. 56, applicable countywide in the unincorporated area, processes that permit as a ministerial planning decision: the Director must approve or deny within 60 days of a complete application, and any denial must list the specific defects so the applicant can fix and resubmit. An ADU cannot be sold or conveyed separately from the primary dwelling except as state law allows.

Violations & Fines

An ADU built beyond the size, setback, or height limits of Section 22.32.120 without the required Accessory Dwelling Unit Permit is unpermitted construction, subject to Marin County's standard building code enforcement, stop-work orders, and permit-after-the-fact requirements under Title 19; renting a Category 1 unit for stays under 30 days also violates the section's rental-term condition.

Frequently Asked Questions

Can I build a detached ADU without a discretionary permit in unincorporated Marin?
Yes, if it fits Category 1: 800 square feet or less, four-foot rear and side setbacks, and an 18-foot height limit (20 feet to match the primary roof pitch). Larger units fall into Category 2 and need an Accessory Dwelling Unit Permit under Chapter 22.56 instead.
How long does the county have to decide on an ADU permit application?
Under Section 22.56.030(C), the Director must approve or deny a complete Accessory Dwelling Unit Permit application within 60 days, and any denial must come with a list of the specific defects so the application can be corrected and resubmitted.
Can I sell my ADU separately from the main house?
No. Section 22.32.120 states that an Accessory Dwelling Unit may not be sold or otherwise conveyed separately from the primary dwelling unit, except in the limited circumstances where state law provides otherwise.

Sources & Official References

Other rules in Marin County

All Marin County rules

How Marin County compares: Easiest Cities to Build an ADU·California rules heatmap·Compare Marin County to another location·View the California accessory structures overview

Get notified when ADU Rules in Marin County, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

ADU Rules in Cities Across Marin County