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New Bedford, MA Accessory Structures: ADU Rules (2026)

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

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

Key Facts

Permit
Board of Appeals special permit required
Size cap
1,000 square feet of floor space
Units per lot
One accessory dwelling unit maximum
Occupancy rule
Owner must occupy the primary dwelling
Permit term
Lapses every 2 years, renewable
Expansion cap
15% increase over 2003 floor area baseline

Summary

New Bedford lets owners of single-family homes add one accessory dwelling unit by special permit from the Board of Appeals under Zoning Section 2340. The unit must stay inside the existing residential structure, cannot exceed 1,000 square feet, and the owner must live in the primary dwelling while it is occupied; the permit lapses every two years.

2340. Accessory Dwelling Units. For the purpose of enabling owners of single-family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements: 2341. Accessory dwelling units may be allowed on special permit, which shall lapse every two (2) years, in accordance with Section 5300 .... 2343. Certification by affidavit shall be provided that while said accessory dwelling unit is occupied, the primary dwelling until shall be occupied by the owner of the property; 2344. Not more than one accessory dwelling unit may be established on a lot. The accessory dwelling unit shall not exceed one thousand (1,000) square feet in floor space and shall be located in the existing residential structure on the premises.

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 19).

Full Breakdown

" The Board of Appeals grants the special permit, which under Section 2341 lapses every two years under the general special-permit renewal rules of Section 5300. An applicant must submit a plot plan from a registered land surveyor under Section 2342 showing the existing dwelling, the proposed unit, any septic system, and required parking; a mortgage inspection survey can satisfy this if properly adapted. Section 2343 requires an affidavit certifying that the owner will occupy the primary dwelling for as long as the accessory unit is occupied.

Section 2344 caps the city at one accessory dwelling unit per lot, limits it to 1,000 square feet of floor space, and requires it to be located within the existing residential structure, not a new freestanding building. Section 2345 protects the single-family appearance of the property: construction for the unit cannot increase the structure's gross floor space by more than 15 percent over what existed on December 23, 2003, any new stairways or egress must be enclosed or screened from public view, and the owner must add at least one more parking space finished in materials matching the existing driveway.

On renewal, Section 2346 requires an affidavit that the unit has not been enlarged or altered beyond its original special permit dimensions, and Section 2347 requires a public hearing finding that the unit will not be substantially detrimental to the neighborhood.

Violations & Fines

Building or occupying an accessory dwelling unit without a Board of Appeals special permit, exceeding the 1,000-square-foot cap, or having the owner move out of the primary dwelling while the unit stays occupied violates Section 2340. The Inspector of Buildings enforces the ordinance under Section 5120 and can require removal of an unpermitted unit or non-renewal of a lapsed permit, with further remedies under M.G.L.A. c. 40A, § 7.

Frequently Asked Questions

How big can an accessory dwelling unit be in New Bedford?
Up to 1,000 square feet of floor space under Section 2344, and it has to be built inside the existing residential structure rather than as a new detached building. The city also limits a lot to one accessory dwelling unit, no matter how large the main house is.
Do I need a permit to add an in-law apartment to my house?
Yes. Section 2340 requires a special permit from the Board of Appeals, which lapses every two years under Section 2341 and Section 5300. Renewal requires an affidavit under Section 2346 confirming the unit hasn't been enlarged beyond what the original permit approved.
Do I have to live in the house if I add an accessory unit?
Yes. Section 2343 requires an affidavit certifying that the primary dwelling stays owner-occupied for as long as the accessory dwelling unit is occupied; renting out both the main house and the accessory unit to tenants is not allowed under this permit.

Sources & Official References

Other rules in New Bedford

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How New Bedford compares: Easiest Cities to Build an ADU·Compare New Bedford to another location·View the Massachusetts accessory structures overview

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