A new state law clears the way for backyard homes — and it's good news for property rights
A new state law — Assembly Bill 396 — makes it easier for homeowners to build what the locals call “casitas.” You might know them as in-law suites, granny flats, or guest houses. The official term is Accessory Dwelling Units, or ADUs.
Whatever you call them, they're small, self-contained homes built on the same property as your main house.
Starting July 1, larger cities and counties across Nevada must update their local codes to fall in line with the new law.
What Was the Problem?
For years, government red tape made it nearly impossible for many homeowners to build one of these units — even if they had the land and the money to do it.
Some jurisdictions banned separate kitchens in ADUs. Others required enormous lot sizes just to qualify. The rules weren't protecting anyone. They were just getting in the way.
As Assemblymember Shea Backus, who authored AB 396, put it during the 2025 Legislative Session:
“Nevada, like much of the country, is experiencing an affordability crisis driven by a shortage of available housing. Home ownership and rental prices have skyrocketed, putting financial strains on families, young professionals, and retirees.”
She's not wrong. And the solution she pushed isn't a government program or a taxpayer-funded subsidy. It's getting the government out of the way so private homeowners can solve the problem themselves.
That's the kind of housing policy conservatives can actually get behind.
What the Law Does
AB 396 strips away some of the most common local barriers to ADU construction. It limits how much cities and counties can restrict lot sizes and unit configurations.
It also makes clear that homeowners — not bureaucrats — should have more say over what gets built on their own property.
The deadline for local governments to comply is July 1, 2026.
What's Happening Locally
Across the Las Vegas Valley, several jurisdictions are already moving to comply.
North Las Vegas says its current code already lines up with state law. The City of Las Vegas introduced an ordinance this week clarifying rules around setbacks, unit size, and lot minimums — it also notes that only one ADU is allowed per property.
Henderson made sweeping ADU changes back in 2022 and wrapped up minor tweaks last fall to fully comply with AB 396. Clark County went even further back in March, when commissioners voted to remove various lot size restrictions on what they call “accessory living quarters.”
While Governor Joe Lombardo signed the bill into law, Nevada isn't blazing a new trail here, either. Arizona passed a similar law in 2024 for the same reasons.
Why Conservatives Should Care
This isn't a left-right issue at its core. It's a property rights issue.
When the government tells you what you can and can't build on your own land, that's government overreach — plain and simple. AB 396 rolls back some of that overreach. It trusts homeowners to make decisions for themselves.
There's also an economic angle. A homeowner who builds a casita and rents it out creates new rental supply without a single dime of taxpayer money.
That's the free market doing what the free market does — solving problems through individual action, not government programs.
And if you care about housing affordability and property rights, support candidates and policies that keep government out of your backyard. Literally.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
