Limited-Density Owner-Built Rural Residential Ordinances - Health and Safety Code section 17958.2

California Code of Regulations, title 25, chapter 1, subchapter 1, article 8 (commencing with section 74) codifies definitions for limited-density rural dwellings and owner-built structures. A limited-density rural dwelling is defined as “any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, with use restricted to rural areas that fulfill the requirements of this article.” Owner-built is defined as “constructed by any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family, and not intended for sale, lease, rent or employee occupancy.”

Health and Safety Code section 17958.2 establishes that regulations adopted by HCD for limited-density owner-built rural dwellings shall not become operative within any city or county unless and until the governing body of the city or county makes an express finding that the application of those regulations within the city or county is reasonably necessary because of local conditions and the city or county files a copy of that finding with HCD.

In adopting ordinances or regulations for limited-density owner-built rural dwellings, a city or county may make any changes or modifications to the requirements found in California Code of Regulations, title 25, chapter 1, subchapter 1, article 8 (commencing with section 74) that it determines are reasonably necessary because of local conditions, if the city or county files a copy of the changes or modifications and the express findings for the changes or modifications with HCD. Note: no change or modification of that type shall become effective or operative for any purpose until the finding and the change or modification has been filed with HCD.