ADU rules in Passaic County, NJ β also called accessory dwelling unit regulations or granny flat ordinances β cover setbacks, owner-occupancy, parking, and permit requirements.
Passaic County, NJ does not regulate accessory dwelling units. New Jersey has no statewide ADU preemption β ADUs are governed by each municipality's zoning ordinance under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., P.L. 1975 c. 291). Paterson, Clifton, Passaic, Wayne, and other Passaic County towns set their own size, parking, and owner-occupancy rules.
New Jersey is a strong home-rule state. The Municipal Land Use Law (MLUL), codified at N.J.S.A. 40:55D-1 et seq. and originally adopted as P.L. 1975 c. 291, delegates almost all residential zoning authority β including ADUs (also called accessory apartments or in-law suites) β to the governing body of each municipality. Passaic County, as a county government, does not issue residential zoning permits or set ADU standards. As of 2026, no state law forces NJ municipalities to allow ADUs by right (statewide ADU bills such as S1106 and A2792 in the 2024-2025 session remained pending), so each of Passaic County's 16 municipalities β including Paterson, Clifton, Passaic, Wayne, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Wanaque, Bloomingdale, Haledon, Prospect Park, North Haledon, Totowa, and Woodland Park β can permit, restrict, or prohibit ADUs through its own zoning ordinance under N.J.S.A. 40:55D-62. Building permits for any ADU still go through the local Construction Official under the NJ Uniform Construction Code (N.J.A.C. 5:23), not the county. Property owners must check their specific town's zoning code before designing or applying.
Building or occupying an ADU without municipal zoning approval and a UCC construction permit is a violation of both the local zoning ordinance and N.J.A.C. 5:23. Penalties are imposed by the municipality under N.J.S.A. 40:49-5 β typically up to $2,000 per offense and up to 90 days imprisonment, plus stop-work orders and refusal of certificate of occupancy. Each day a violation continues can be a separate offense. Unpermitted ADUs are routinely discovered during resale title searches and rental-license inspections in Passaic County.
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