If you're pricing a Westport property with an eye toward adding rental income or an in-law suite, which rulebook are you actually building against? The town's own zoning code says one thing. A 2024 state law says another. And a bill introduced this year in Hartford proposed further changes to state and local ADU rules. The current rules are in effect, while some proposed changes remain unsettled.
Most guides to accessory dwelling units treat the local ordinance as the finish line. In Westport, the rules reflect both local ordinance changes and state legislation, sometimes adopted within a few years of one another.
Westport's 2021 ADU Ordinance and Opt-Out
In 2021, Connecticut passed a law requiring towns to allow accessory dwelling units unless they formally opted out, as Haven ADUs reports. Westport didn't wait to see how that shook out. The town adopted its own ADU ordinance that same year through Text Amendment #791, setting its own size caps, height limits, and an owner-occupancy requirement, then followed up by opting out of the state mandate entirely. The Planning and Zoning Commission voted to opt out in March 2022, and the Representative Town Meeting confirmed it that June.
The logic was straightforward at the time. Rather than operate under a state template, Westport would keep its own rules on the books and control the pace and shape of ADU construction going forward.
For a few years, that worked. Since 2021, the town has issued roughly 45 permits for detached accessory dwelling units, according to figures Planning and Zoning Director Michelle Perillie shared with the Westport Journal in mid-2025, on top of an existing stock of about 200 accessory apartments built inside primary houses under an older, more limited rule that had allowed partial in-home units since 1972. That is a meaningful and growing category of housing stock, not a rounding error, and it's exactly the kind of inventory a buyer evaluating rental income or multigenerational living needs to understand correctly.
How the 2024 State Law Changed ADU Rules
The earlier opt-out did not prevent later state legislation from changing ADU requirements. In 2024, the state legislature passed the CT Affordable Homes Act. Section 7 of that law redefines accessory dwelling units at the state level and removes a municipality's authority to enforce owner-occupancy requirements, regardless of whether that town opted out of the earlier 2021 mandate. Section 8, effective in February 2025, goes further and requires that a town allow at least one ADU by right on any single-family lot.
Westport's own Zoning Board acknowledged this directly. In an August 2024 discussion, board members confirmed that the town could no longer legally require an owner to live in either the main house or the ADU, despite that requirement having been part of Westport's ordinance since 2021 and despite the town having opted out of state control just two years earlier.
For pricing purposes, this means an absentee-owner rental scenario is not disqualified by Westport's former owner-occupancy requirement.
What the Town Still Controls, and Where It's Tightening
While state law changed the town's authority over owner-occupancy, Westport amended other parts of its ordinance, with some changes allowing larger ADUs and others adding restrictions.
The amendment history shows changes in both directions even as participation grows:
- Text Amendment #791 (2021) established Westport's original ADU rules, including size caps and the owner-occupancy requirement that state law would later strip of enforceability.
- Text Amendment #825 increased the maximum ADU building area from 650 to 850 square feet on lots under 1.5 acres and clarified roof height rules, giving owners slightly more room to build.
- Text Amendment #853, adopted June 30, 2025, introduced a mandatory 10-foot separation between an ADU and the main house. Perillie described the change as a way to reduce visual bulk and preserve neighborhood scale.
- Text Amendment #865, proposed in February 2026 with a public hearing held March 30, 2026, would remove the 350-square-foot coverage exemption currently available on lots up to 1.5 acres.
Here is how that leaves the rulebook as of this fall, broken down by who actually controls each piece:
| ADU Rule | Who Controls It | Status |
|---|---|---|
| Owner-occupancy requirement | State law (CT Affordable Homes Act, Sec. 7) | Unenforceable by the town since February 2025 |
| Maximum building size | Town ordinance, §11-2.4.8A | 850 sq ft cap on lots under 1.5 acres |
| Separation from main house | Town ordinance, §5 definitions | 10-foot minimum, adopted June 30, 2025 |
| Small-lot coverage exemption | Town ordinance, pending revision | Proposed removal for lots up to 1.5 acres, hearing held March 30, 2026 |
The changes point in different directions. State law made the owner-occupancy requirement unenforceable; locally, the maximum building area increased, a separation requirement was added, and a coverage change remains proposed. A property that would have cleared the ordinance easily in 2022 may not clear it as cleanly in 2026, even though owner-occupancy is no longer enforceable.
A Further Proposed State Bill
The interaction between state law and local zoning may continue to change. House Bill 5507, introduced during the legislative session that closed this past May, would have gone considerably further than the Affordable Homes Act already has. It would have required a town to allow at least one ADU on any single-family lot, invalidated any local zone that limits or conditions ADUs, cut parking requirements to a single space per unit, and set a state minimum size of 30 percent of the primary dwelling's floor area or 1,000 square feet, whichever is greater, well above Westport's current 850-square-foot cap.
In its report on the subcommittee meeting this spring, the Westport Journal quoted Paul Lebowitz, chairman of Westport's Planning and Zoning Commission, calling the bill "opening a giant can of worms" and adding, "It's almost as if they don't want us to zone."
The bill's proposals illustrate that future state legislation could further change how local zoning requirements apply. Anyone evaluating ADU potential on a Westport lot should confirm the current local ordinance and applicable state law, since requirements may change.
What This Means If You're Pricing ADU Potential Now
If a rental unit, in-law suite, or accessory apartment is part of why a Westport property appeals to you, a few things are worth confirming before that potential gets baked into an offer or a listing price.
First, check whether the specific lot falls under 1.5 acres. If Text Amendment #865 is adopted, the 350-square-foot coverage exemption that currently makes smaller-lot ADUs feasible will disappear, and a project that pencils out today may not clear zoning by the time you're ready to permit it.
Second, note that Westport's published ADU FAQ document says the owner must reside in either the principal dwelling or the ADU, although state law has made that requirement unenforceable since February 2025. If a rental scenario depends on an absentee owner, confirm with the Planning and Zoning office how the state-law change applies to the specific property.
Third, treat the size cap as fixed until it isn't. Westport's current 850-square-foot maximum stands well below the 1,000-square-foot floor that HB 5507 proposed at the state level. If similar legislation returns in a future session and passes, a project sized to today's local maximum could become undersized relative to a new state minimum, which cuts both ways depending on whether you're trying to preserve neighborhood scale or maximize rentable square footage.
None of this makes an ADU project in Westport a bad bet. Demand is evidently real, given the roughly 45 detached units permitted since 2021 layered on top of about 200 existing accessory apartments already in the housing stock. It does mean the rulebook deserves a phone call to the Planning and Zoning Department before it becomes part of your numbers, not after.
Frequently Asked Questions
Can I require my ADU tenant to be a family member? State law has moved in the direction of fewer owner-side conditions, not more. Confirm any assumption directly with the town rather than relying on general guidance written for other Connecticut municipalities.
What approval is required if an ADU exceeds the town's limits? If a proposed structure exceeds the town's current building area or height limits, it requires a Special Permit and Site Plan approval from the full Planning and Zoning Commission.
Does the pending Text Amendment #865 already apply to my lot? Not until it's formally adopted. As of its most recent status update this spring, it had been heard by the Commission on March 30, 2026 but had not yet been adopted. Given the months that have passed since, confirm its current status with the Planning and Zoning Department before assuming either the old or new coverage rule applies to your specific project.
Zoning rules that change while you're mid-negotiation are exactly the kind of detail that separates a smooth closing from a surprised one. If you're weighing a Westport purchase, sale, or spec project with ADU potential in the mix, Jillian Klaff Homes can walk through what the current rulebook actually allows on your specific lot. Request a personalized market consultation before you build a number into your offer that the ordinance may not support by the time you close.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
