BillTrack50 logo
Free Signup Login
Bill

Bill > AB365

WI AB365

WI AB365
Local and private regulation of accessory dwelling units. (FE)

summary

Introduced
07/17/2025
In Committee
07/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill requires political subdivisions with zoning ordinances to allow as a use permitted by right at least one accessory dwelling unit (ADU) on each parcel on which single-family or multi-family residential use is a use permitted by right. The bill also prohibits political subdivisions from doing any of the following: 1. Charging fees, other than standard building permit fees, related to the addition of an ADU to a parcel. 2. Providing dimensional, physical, design, or locational requirements that apply to ADUs, but do not apply to single-family dwellings. 3. Providing standards, other than standards relating to habitability, that apply to ADUs but do not apply to other accessory structures. 4. Imposing any additional parking requirements to parcels on the basis of the existence of an ADU. 5. Requiring the installation of a separate utility connection to an ADU. The bill also provides that any covenant, restriction, or condition contained in a deed or other instrument affecting real property that prohibits or unreasonably restricts the construction, maintenance, or use of an ADU is void and unenforceable and prohibits a homeowners[ association from restricting or preventing the construction, maintenance, or use of an ADU, except to the extent necessary to protect public health and safety. Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill. For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill requires local governments (counties, towns, and cities) to allow at least one accessory dwelling unit (ADU) on each parcel where single-family or multi-family residential use is permitted. An ADU is defined as a separate residential unit with independent living facilities, which can be within, attached to, or detached from an existing dwelling. The bill prohibits local governments from imposing additional restrictions on ADUs, such as charging extra fees beyond standard building permits, creating unique dimensional or design requirements, adding parking requirements, or mandating separate utility connections. For ADUs on parcels with an existing single-family home, localities may limit the unit's size to 75 percent of the original dwelling's square footage. Additionally, the bill invalidates any deed restrictions, homeowners' association rules, or other private agreements that prohibit or unreasonably restrict ADU construction, maintenance, or use, except when necessary to protect public health and safety. The legislation reflects a legislative intent to remove barriers to creating additional housing units on existing residential properties, potentially helping to address housing availability and affordability by making it easier for homeowners to add secondary dwelling units to their properties.

Committee Categories

Housing and Urban Affairs

Sponsors (14)

Last Action

Fiscal estimate received (on 07/30/2025)
(1 Companion Bills)

bill text

bill summary

Loading...

bill summary

Loading...
Loading...