ADU laws in Mississippi

In plain words

Mississippi has no state law about ADUs. An ADU, or accessory dwelling unit, is a small second home on the same lot as a house. It might be a backyard cottage, a garage apartment, or a suite inside the house. In Mississippi, each city decides through its zoning. Zoning is the local rulebook for what can be built where. Counties decide for land outside city limits, and many rural counties have no zoning at all. We found no ADU bill in the Legislature's records for 2023 through 2026. Local rules vary a lot. Jackson allows ADUs mostly in its mixed-use and traditional-neighborhood districts. There, a detached unit's footprint can be up to 650 square feet. Oxford allows ADUs in several residential zones, but only with strict conditions. The owner must live in the main house, which is called owner occupancy. The owner must also record a promise, called a covenant, with the county. Under Oxford's basic approval, the unit can house family, guests or employees, not renters. Renting it takes a separate hearing. Even where zoning allows an ADU, other rules still apply. If you use a septic system, ask the health department what approval you need. Building codes and HOA rules may also limit what you can do. Before you plan, call your city or county planning office. You may be able to build only if local rules and your property allow it.

The rules at a glance

What to do next

1. Find out whether your property is inside city limits; if it is, the city's zoning ordinance decides whether an ADU is allowed.
2. If you are outside city limits, ask the county whether your area is zoned; many rural areas are not, but building permits may still be required.
3. Read the zoning ordinance for your district, looking for terms such as 'accessory dwelling', 'guest house' or 'garage apartment', and ask the planning office how approval works.
4. Ask early about owner-occupancy, covenant, rental, size and parking conditions, since cities such as Oxford attach them to approval.
5. Contact the health department before designing if the property uses a septic system or well.
6. Check your deed and any HOA covenants, then get every zoning approval and building permit before construction starts.

What your town still decides

Mississippi has no statute about ADUs. Section 17-1-3 of the Mississippi Code lets each city, and each county for its unincorporated land, decide whether to zone and, if it does, regulate building size, lot coverage, yards, population density and land use. Whether a second home may go on a lot therefore depends entirely on the local zoning ordinance, and many rural counties have no zoning at all, leaving building codes, septic and well requirements and private covenants as the practical limits. The Legislature's own 'Report of All Measures' lists for the 2023, 2024, 2025 and 2026 regular sessions contain no bill whose title mentions accessory dwellings, accessory apartments, granny flats or tiny homes; the housing and zoning bills filed in those years dealt with fair housing, housing finance, zoning violation penalties and zoning hearing notices. Local approaches vary: Jackson lists ADUs as a permitted use mainly in its mixed-use and traditional-neighborhood districts, while Oxford allows them in several residential districts only under owner-occupancy and covenant conditions.

Examples of local rules

• Jackson: The city zoning ordinance (amended through December 31, 2024) lists accessory dwelling units as a permitted use in its mixed-use districts, including NMU-1 Neighborhood Mixed-Use, Urban Village, Old Capitol Green and the Traditional Neighborhood Development (TND) district. In the TND, guest cottages and garage apartments may be attached or detached, only one is allowed per lot, it must have the same owner as the main house, a detached unit's footprint is capped at 650 sq ft, and it must sit in the rear yard. The R-1 single-family district's list of permitted uses does not name ADUs, although 'guest houses' appear in the ordinance's list of typical residential accessory structures. Source
• Oxford: The Land Development Code (city PDF, adopted 2017, last modified 2019) treats an accessory dwelling as a special use in the AG, RCN, ER, SR, NR and SMF districts if it meets all standards; a yard sign is posted for 14 days, and any objection sends it to a special exception hearing. The unit is capped at 50% of the main house or 1,000 sq ft, two bedrooms and two residents. The owner must live in the main house, proven by a homestead exemption, and a covenant must be recorded. A special-use unit may house only family, guests or employees; renting it requires a special exception. The lot must exceed 10,000 sq ft (smaller lots by special exception), and one off-street parking space per bedroom is required unless the planning director finds street parking sufficient. Source

What we’re still confirming

• Whether Jackson allows a guest house with a kitchen in its R-1 district isn't confirmed; ask the city.
• Oxford's posted development code was last updated in 2019, so ask the city about any later ADU changes.

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.