In plain words

Minnesota does not have a statewide law that makes cities allow ADUs. An accessory dwelling unit (ADU) is a small second home on the same lot as a house. Examples are a basement apartment, a unit over a garage, or a backyard cottage. Each city, county and township decides through its zoning. Zoning means the local rules about what can be built where. Minneapolis and Saint Paul allow ADUs across most of the city. Rules in other cities and towns vary a lot. Lawmakers have tried to set a statewide rule several times. Bills in 2024, 2025 and 2026 would have made cities allow at least one ADU on most lots with a single-family home. All of them failed, and the 2026 session ended in May without one. One narrow state law exists. Since 2016, a family caregiver can ask to place a small temporary dwelling, up to 300 square feet, on their lot for a relative who is ill or disabled. The permit lasts up to one year. Cities can opt out of that rule. The state also helps in smaller ways. Minnesota Housing rehab loans for low- and moderate-income owners can pay to add a detached ADU. Communities that allow ADUs can also earn extra points when competing for some state housing money. You may be able to build an ADU if your local rules and your property allow it. Start by asking your city or county zoning office.

The rules at a glance

State ADU lawNo. Each city, town or county decides.
Owner living on siteTowns may require the owner to live on the property.
ParkingState law doesn’t set this. Local codes decide; Minneapolis has no parking minimum for ADUs. The 2025 grant-scoring law rewards communities that require no more than one parking stall per home.
SizeState law doesn’t set this. The temporary family health care dwelling law caps those units at 300 gross sq ft. Local caps vary (Minneapolis: 800 sq ft internal or attached, up to 1,300-1,600 sq ft detached; Saint Paul: 800 sq ft or 75% of the main home, whichever is greater).
Lot size and setbacksState law doesn’t set this. Each city's zoning sets lot size and setbacks; failed bills from 2024-2026 would have barred minimum lot sizes and street frontage rules for ADUs.
FeesState law doesn’t set this. For temporary family health care dwellings, unless a local ordinance provides otherwise, the permit fee may be up to $100 (initial) and $50 (renewal).
Short-term rentalsState law doesn’t set this. Cities set any rental or short-term rental rules.

What to do next

  1. Ask your city (or county or township, if you live outside a city) zoning office whether ADUs are allowed in your zoning district and whether approval is administrative or needs a conditional or interim use permit with a hearing.
  2. Write down local rules on owner occupancy, size, height, setbacks (how far a building must sit from property lines), parking and utilities before you design.
  3. If you need housing for a relative with a disability or illness, ask whether your city has opted out of the state temporary family health care dwelling law.
  4. If your household income is low or moderate, ask Minnesota Housing or a local rehab lender whether its rehabilitation loan can help fund a detached ADU.
  5. Check your deed and any homeowners association rules; no state law overrides private ADU restrictions.
  6. Watch for a new statewide ADU bill when the Legislature returns in January 2027.

Grants, loans and tax breaks

  • Minnesota Housing rehabilitation loans (Minn. Stat. § 462A.05, subd. 14): State rehab loans for low- and moderate-income homeowners may be used to add or rehabilitate a detached ADU. Eligibility and loan terms are set by Minnesota Housing. Program page
  • Local actions to support housing scoring boost (2025 Minn. Laws ch. 32, art. 3, sec. 13): Communities that allow duplexes, ADUs or townhomes in at least half of their single-family zones (or meet another listed test) can earn up to 5% extra points for projects in Minnesota Housing's competitive capital development programs. This helps developers and cities, not individual homeowners directly. The rule expires December 31, 2029. Program page

What your town still decides

Minnesota cities zone under the Municipal Planning Act (Minn. Stat. ch. 462), and counties and townships zone rural areas, so each community decides whether ADUs are allowed and how they are approved. Minneapolis approves ADUs through a staff (administrative) review and Saint Paul allows them citywide; rules in other cities, counties and townships vary and were not surveyed for this record. The only statewide mandate touching ADUs is the 2016 temporary family health care dwelling law, and any municipality may opt out of it by ordinance. The state instead uses carrots: Minnesota Housing rehab loans can fund detached ADUs, and since May 2025 communities that allow ADUs in at least half of their single-family zones can earn extra points in some state housing funding rounds. Statewide ADU mandates were proposed in 2024 (HF 4009), 2025 (HF 1987 / SF 2229, SF 3418, SF 2231) and 2026 (HF 3895 / SF 4123), and none passed.

Examples of local rules

  • Minneapolis: ADUs are allowed on lots where single- and two-family homes are allowed, through an administrative application plus a building permit (no hearing; appeals go to the Board of Adjustment). One ADU per lot, always smaller than the main home, minimum 300 sq ft. Internal ADUs: up to 800 sq ft, and the owner must live on site under a covenant recorded on the deed before the permit is issued. Attached ADUs: up to 800 sq ft, no owner-occupancy rule. Detached ADUs: up to 1,300 sq ft of living and parking area or 16% of the lot, whichever is greater (never over 1,600 sq ft), 21 feet tall, behind the house, 3-foot side setback in the rear 40 feet. No parking minimum. (City handout revised July 2024.) Source
  • Saint Paul: ADUs have been allowed citywide since 2018. A 2022 change removed the owner-occupancy rule and lot size minimums, and Ordinance 23-43 (2023) allows up to two ADUs per single-family home (at least one detached in most cases) and raised height limits. Each ADU can be up to 800 sq ft or 75% of the main home, whichever is greater. Combined occupancy is capped (six or fewer adults plus dependents), and ADUs cannot be sold separately or become separate tax parcels. Rules are in Zoning Code Sec. 65.913. Source

What we’re still confirming

  • We found no list of the cities that opted out of the state law allowing temporary family health care dwellings; ask your city.

Laws, bills and citations

The laws behind this (3)
  • Local actions to support housing (grant scoring boost) (2025 Minn. Laws ch. 32 (SF 2298; House companion HF 2445), art. 3, sec. 13, signed May 23, 2025, in effect May 24, 2025). Where practicable, Minnesota Housing must give extra points (up to 5% of the total) in its competitive capital development programs to projects in communities that meet at least one housing-friendly test. One test is allowing duplexes, ADUs or townhomes in at least half of the area zoned for single-family homes. It rewards communities but requires nothing. The section expires December 31, 2029. Read it
  • Minnesota Housing rehabilitation loans may fund detached ADUs (Minn. Stat. § 462A.05, subd. 14, as amended by 2023 Minn. Laws ch. 37, art. 4, sec. 1, signed May 15, 2023, in effect January 1, 2023). Lets the state housing finance agency's rehabilitation loans for low- and moderate-income households pay for adding or fixing up a detached ADU. It is a financing tool, not a zoning rule. Read it
  • Temporary family health care dwellings (Minn. Stat. § 462.3593 (2016 Minn. Laws ch. 111, sec. 3), signed January 1, 2016, in effect January 1, 2016). A narrow statewide permit for a small portable dwelling (no more than 300 gross sq ft) where a caregiver who is a relative, guardian or health care agent can house one person with a mental or physical impairment. One per lot; the permit lasts six months and can be renewed once for six more. Cities must decide within 15 days (30 if the council meets monthly) and, unless a local ordinance says otherwise, may charge up to $100, or $50 to renew. Any municipality may opt out by ordinance. Read it
Proposed and failed bills (5). None of these is law.
  • HF 3895 / SF 4123 (2026): died as of October 3, 2026. Revised 'Starter Homes Act' (Igo, Port). Would have required every municipality to allow at least one ADU as a permitted use on any residential lot with a single-family home, with no minimum lot size, street frontage or connection rule; cities could still require emergency-access spacing, the smallest residential setback in the district, and that the ADU stay on the same parcel and not be sold separately. ADU rules would have taken effect January 1, 2028. The League of Minnesota Cities reported the House Elections Finance and Government Operations Committee rejected it 7-5 on March 23, 2026; the Senate companion never moved, and the session ended in May 2026. Bill page
  • HF 1987 / SF 2229 (2025): died as of October 3, 2026. Original 'Minnesota Starter Home Act' (Igo, Port). The House version as amended in committee would have made single-family homes, duplexes and ADUs a permitted use in any zoning district that allows homes (but not ADUs on lots with a duplex or apartment building), barred all minimum parking mandates, and barred standards stricter than those for single-family homes. Passed the House housing committee on March 17, 2025 and stalled in Elections Finance and Government Operations. SF 2229 passed the Senate housing committee on March 13, 2025 and stalled in State and Local Government (the revisor now lists HF 2309, a separate housing policy bill with no ADU language, as substituted for it in committee). Neither became law. Bill page
  • SF 3418 (2025-2026): died as of October 3, 2026. Senate bill (Gustafson) that would have required first-, second- and third-class cities to allow at least one ADU on any residential lot with a single-family home, plus duplex and multifamily zoning mandates. Referred to committee April 23, 2025 with no further action. Bill page
  • SF 2231 / HF 2140 (2025): died as of October 3, 2026. Mixed housing zones bill (Boldon). Would have required mixed housing districts where an ADU on a lot with a single-family home is one of the allowed home types. Passed the Senate housing committee March 17, 2025 and stalled in State and Local Government. Bill page
  • HF 4009 / SF 3964 (2023-2024): died as of October 3, 2026. 'Missing middle' housing bill (Kraft, Mitchell). Would have let an ADU be built on any residential lot in a city regardless of lot size, frontage or whether the owner lives there, along with minimum density and parking limits. Moved through one House committee in February 2024 and died when the 2024 session ended. Bill page

Sources

  1. 2025 Minn. Laws ch. 32 (SF 2298; House companion HF 2445), art. 3, sec. 13 · official source
  2. Minn. Stat. § 462A.05, subd. 14, as amended by 2023 Minn. Laws ch. 37, art. 4, sec. 1 · official source
  3. Minn. Stat. § 462.3593 (2016 Minn. Laws ch. 111, sec. 3) · official source
  4. 2023 Minn. Laws ch. 37 (housing omnibus), art. 4, sec. 1 · official source · checked 2026-10-03
  5. HF 1141 (2026 housing finance and policy bill) status; 2026 Minn. Laws ch. 100, no ADU provisions · official source · checked 2026-10-03
  6. 2026 Minn. Laws ch. 100 · official source · checked 2026-10-03
  7. HF 3895 (2026) status · official source · checked 2026-10-03
  8. HF 3895 (2026) introduction text · official source · checked 2026-10-03
  9. SF 4123 (2026) status and text · official source · checked 2026-10-03
  10. HF 1987 (2025) status · official source · checked 2026-10-03
  11. HF 1987 (2025) 1st engrossment · official source · checked 2026-10-03
  12. SF 2229 (2025) status · official source · checked 2026-10-03
  13. SF 3418 (2025) status and text · official source · checked 2026-10-03
  14. SF 2231 (2025) status and 1st engrossment · official source · checked 2026-10-03
  15. HF 4009 (2024) status and 1st engrossment · official source · checked 2026-10-03
  16. City of Minneapolis, Accessory dwelling unit application page and handout (revised July 2024) · official source · checked 2026-10-03
  17. City of Saint Paul, Accessory Dwelling Units · official source · checked 2026-10-03
  18. League of Minnesota Cities, House Committee Votes Down Starter Homes Act (March 30, 2026) · checked 2026-10-03
  19. Minnesota House Session Daily, Starter Homes Act renovations (March 3, 2026) · checked 2026-10-03
  20. Minnesota House Public Information, New Laws 2025 (housing omnibus summary) · checked 2026-10-03

This is general information, not legal advice. Your town, village, city or county decides what can be built on your property. If something here looks out of date, email the team.