Zoning, building permits and septic rules in Montgomery Township, New Jersey

Montgomery Township’s own rules

• Building permitRequired

  Sheds over 200 square feet inside Montgomery Township.

  • A zoning permit is also required for sheds over 200 square feet.

  shed area threshold: > 200 square feet

  “Sheds over 200 square feet require a zoning and building permit.”

• Local zoningPresent (with conditions)

  Property use and development inside Montgomery Township.

  • A property owner seeking use or development that does not comply with the ordinance standards must apply for a variance to the Zoning Board of Adjustment.

  “The Montgomery Township Zoning Ordinance sets standards on how property can be used and developed in the township.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Montgomery Township.

  • The Township's Zoning Board interprets the zoning map and zoning ordinance.

  “You can find what zone your property is in by viewing our Zoning Map.”

• Minimum lot sizeDistrict specific (with conditions)

  Residentially zoned property inside Montgomery Township; Township guidance identifies R-1 setbacks for lots between one and two acres.

  • Cluster and apartment/townhouse zoning have special setback requirements.
  • Other district-specific lot-size numbers were not retrieved.

  “Other zones can view your minimum lot size and setbacks here. If your lot is between 1 and not exceeding 2 acres you will fall under R-1 setbacks.”

• SetbacksDistrict specific (with conditions)

  Residentially zoned property inside Montgomery Township; R-1 setbacks apply to lots from one through two acres as stated by the Township.

  • Cluster and apartment/townhouse zones have special setback requirements.
  • Existing structures that do not meet current setbacks have special considerations.

  lot area for stated R-1 setback guidance: 1 to 2 acres (Township FAQ wording is between 1 and not exceeding 2 acres)

  “There are special requirements for setbacks in cluster and apartment/townhouse zoning.”

• Who permits septicLocal (with conditions)

  Individual subsurface sewage disposal systems inside Montgomery Township.

  • For systems receiving over 2,000 gallons per day, NJDEP has primary jurisdiction under N.J.A.C. 7:9A, in addition to required Board approval.

  “Permits shall be issued only after the appropriate approvals have been granted by the Board of Health.”

• Septic permitRequired

  Locating, constructing, or altering an individual subsurface sewage disposal system inside Montgomery Township.

  • The Board of Health must grant appropriate approvals before issuing the permit.
  • For a new system, final design must be submitted for review and approval before permit issuance.
  • Site approvals remain valid for five years from approval.

  new-system permit and construction-inspection fee: 550 USD (as listed in § BH6-1.5(i))

  “No person shall locate, construct, or alter a subsurface sewage disposal system until a permit for the location, construction or alteration of such system shall have been issued by the Board of Health, or its duly authorized agent.”

• Septic inspectionRequired

  A subsurface sewage disposal system permitted for location and construction inside Montgomery Township.

  • The cited fee includes construction inspections associated with permitting.
  • A reinspection fee applies when nonconforming location, construction, or alteration causes reinspection.

  permit and construction-inspection fee: 550 USD (subsurface sewage disposal systems)

  “For the issuance of a permit to locate and construct any subsurface sewage disposal system and for the construction inspections associated with the permitting of a subsurface sewage disposal system. | $550.00”

• Off-grid sanitationLimited

  On-site subsurface sewage disposal inside Montgomery Township.

  • A Board of Health permit and appropriate approvals are required before locating, constructing, or altering the system.

  “No person shall locate, construct, or alter a subsurface sewage disposal system until a permit for the location, construction or alteration of such system shall have been issued by the Board of Health, or its duly authorized agent.”

• Subdividing landRegulated (with conditions)

  Subdivision proposals inside Montgomery Township.

  • The Township states that one general document is used for variance, subdivision, and site-plan-review applications.

  “Apply for Variance, Subdivision / Site Plan Review. There is only one general document used for all of these applications.”

• Driveway accessRequired

  Expansion of a driveway inside Montgomery Township.

  • This claim addresses driveway expansion; no general new-driveway access rule was verified.

  “A Zoning Permit is also required to expand your driveway.”

• Short-term rentalsProhibited

  For-consideration use or occupancy of a dwelling unit for 30 days or less inside Montgomery Township.

  • The prohibition applies to owners, lessors, sub-lessors, persons or entities with possessory or use rights, and listed agents and representatives.
  • The provisions are enforced by Township Police, Zoning Officer, Building Code Official, Fire Official, Health Department, or other subcode or code official.

  rental period: <= 30 days (for actual or anticipated consideration)

  “It shall be unlawful [...] to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit for a period of 30 days or less.”

• Permit feesPublished (with conditions)

  Construction permits inside Montgomery Township.

  • The construction-permit fee is the sum of subcode fees and applicable special fees.
  • The fee must be paid before the permit is issued.
  • Fees are rounded to the nearest dollar.

  building-subcode minimum fee: 95 USD (each item under the cited Building Subcode provision)

  “The fee shall be paid before a permit is issued. All fees shall be rounded off to the nearest dollar.”

• Permit processPartial

  Zoning permits and certain development applications inside Montgomery Township.

  • A zoning permit is required for most activities requiring a building permit and some additional activities.
  • Subdivision, site-plan, and variance applications use one general document.

  “A zoning permit is a requirement for most activities requiring a building permit and some other additional activities.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Montgomery Township or Somerset County directly.

• Owner-builder exemption — Owner-built residential construction inside Montgomery Township.
• Inspections — Building construction inside Montgomery Township.
• Minimum dwelling size — Dwellings inside Montgomery Township.
• Lot coverage — Lots inside Montgomery Township.
• Building height — Buildings inside Montgomery Township.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Montgomery Township means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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