Blaine allows attached ADUs by right through an administrative permit, but a 2026 ordinance removed detached ADUs from every zoning district - a decision that is currently part of an active, contested legal dispute.
Last verified: August 20264/10 · Limited (attached only)
Attached only
Detached ADUs banned citywide (2026)
960 sq ft*
Or 50% of home's finished sq ft, if smaller
3 spaces total
Combined off-street parking, home + ADU
$200
ADU registration fee
This page summarizes Blaine City Code Chapter 129 §129-23 (Standards for Accessory Dwelling Units) as amended by Ordinance 26-2601, for general reference - it is not legal advice. Regulations change; always confirm current requirements with the City of Blaine before designing or applying for permits. See sources below.
Zoning & size requirements
What you're allowed to build
Detached ADUs are currently banned in Blaine. Blaine originally allowed both attached and detached ADUs starting with Ordinance 21-2489 (2021). After a lawsuit (Pepin v. Blaine, backed by the Institute for Justice) over a denied detached-ADU application, the City Council paused new applications and then, on roughly March 18, 2026, voted 5-1 to approve Ordinance 26-2601, removing detached ADUs from every zoning district while keeping attached ADUs allowed. The Institute for Justice and the St. Paul Area Association of Realtors have publicly opposed the ban on constitutional grounds, and the legal situation is still active as of this writing - check with the City of Blaine for the latest status before assuming these rules are final.
Lesser of 50% of the primary home's finished square footage or 960 sq ft (R-1, R-1A, R-1AA, R-1B, DF districts); 1,200 sq ft cap in RE/FR districts
Follows standard living-space height rules for the district - no separate ADU height cap
Detached ADUs are not currently allowed anywhere in the city - see note above
Allowed zoning districts: R-1, R-1A, R-1AA, R-1B, RE, FR, and DF (Development Flex). Confirm your parcel's zoning district with the City of Blaine.
Additional standards
Setbacks, parking & other rules
Setbacks
Attached ADUs follow standard living-space setbacks for the district - no separate ADU setback schedule.
Parking
The home and ADU together must have at least 3 off-street parking spaces with direct access (garage or paved surface). A driveway space located in front of a garage does not count toward this requirement.
Units per lot
1 ADU maximum per property. Occupancy is capped at 2 adults (plus their children). Utilities cannot be separately metered.
Owner-occupancy
Required. Either the primary home or the ADU must be occupied by the property owner, and this requirement is recorded against the property as a deed restriction.
Rental licensing
The ADU is treated as a separate dwelling for rental-licensing purposes if it's occupied by anyone who isn't the owner or a family member.
Permit type & fee
Administrative permit (staff-level review, no City Council hearing needed for attached ADUs), plus a $200 ADU registration fee per Blaine's fee schedule effective January 1, 2026.
Permit process
How Blaine ADU permitting works
1
Confirm eligibility
Verify your lot is zoned R-1, R-1A, R-1AA, R-1B, RE, FR, or DF, and that your ADU will be attached to the primary home - detached units are not currently permitted.
2
Submit registration + fee
File the ADU registration application along with the $200 fee.
3
Administrative permit review
City staff review the application at the staff level - no City Council hearing is required for attached ADUs.
4
Building permit & construction
Obtain standard building permits before construction begins.
5
Deed restriction recorded
The owner-occupancy requirement is recorded against the property as a deed restriction.
Review timelines weren't published in a single ADU-specific schedule at time of writing - confirm current timelines with the City of Blaine.
FAQ
Common questions
Can I build a detached backyard ADU in Blaine?
As of 2026, no. Ordinance 26-2601 removed detached ADUs from every zoning district; only attached ADUs are currently allowed. This is part of an active, contested legal dispute (an Institute for Justice-backed lawsuit), so it's worth checking the city's latest ordinance status before ruling anything out.
Why did Blaine ban detached ADUs?
Blaine originally allowed both attached and detached ADUs starting with Ordinance 21-2489 (2021). After a lawsuit over a denied detached-ADU application (Pepin v. Blaine, backed by the Institute for Justice), the City Council imposed a moratorium on new ADU applications, then voted 5-1 on roughly March 18, 2026 to approve Ordinance 26-2601, removing detached ADUs citywide while keeping attached ADUs. The Institute for Justice and the St. Paul Area Association of Realtors have publicly opposed the ban on constitutional grounds, and the dispute is still active.
Do I need to live on the property?
Yes. Either the primary home or the ADU must be owner-occupied, and this is recorded as a deed restriction against the property.
How much parking do I need?
At least 3 off-street spaces total for the home and ADU combined, with direct access via garage or paved surface.
What's the registration fee?
$200, per Blaine's fee schedule effective January 1, 2026.
How many people can live in the ADU?
Occupancy is capped at 2 adults, plus their children.
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