SB 284: Legalizing Backyard Cottages

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Libertas Institute supports this bill

Staff review of this legislation finds that it aligns with our principles and should therefore be passed into law.

We, and many Utahns, understand local control to mean the freedom for individual property owners to make reasonable use of their land, subject to basic safety and parking standards. Allowing a homeowner to build a backyard cottage for a family member or to rent to others is exactly this kind of reasonable use. This freedom, when respected, champions individual liberty and empowers Utahns to address pressing housing needs on their own terms.

SB284, sponsored by Sen. Lincoln FIllmore and containing language originally introduced by Rep. Jill Koford, expands Utah’s existing statute governing accessory dwelling units to include detached ADUs. Due to the consensus nature of this reform, the bill was also used as an opportunity to make a series of technical changes to other land use provisions.

The following are just a few ways detached ADUs can benefit homeowners and communities:

  • Enable older or disabled residents to live on the same lot as their relatives, creating a means for their needs to be met and for them to remain in the community.
  • Increase the supply of lower cost housing not requiring government subsidies.
  • Enable a young couple to save up money to buy their own home.
  • Increase the tax base while minimizing the costs related to new public infrastructure.

 

These benefits promote a fundamental aspect of personal freedom — the right to use your land as you see fit. Perceived downsides to detached ADU legalization, such as potential parking issues, can be addressed with clear standards.

Notably, this reform reflects where Utahns already are. Our January 2026 poll found that 82% of Utahns believe building a backyard cottage or converting a garage into a living space should be legal, and with this bill, Utah has made clear that it should be. We hope to see this momentum continue, giving community members the agency they need to address housing concerns at the most local level, their own backyards.

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Libertas Institute Staff

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Fighting for a Future Where Individuals Are Fully Liberated to Pursue Their Dreams, Free from Coercion and Control.

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