Zoning, building permits and septic rules in Town of Wellsville, New York

Town of Wellsville’s own rules

• Building permitRequired

  Most new residential and commercial construction, alterations, conversions, renovations, listed installations, and most demolition projects inside the Town of Wellsville.

  • Residential-storage buildings of 144 square feet or less do not require a building permit.
  • Agricultural-purpose structures do not require a permit but must be built to code.
  • No work may be performed until a permit has been issued.

  residential storage building exemption threshold: <= 144 square feet (Does not require a building permit.)

  “A building permit is required for: A. Most types of new residential and commercial construction including alteration, conversions and renovation to existing structures to include Roofing/Re-Roofing.”

• Local zoningAbsent (with conditions)

  Land inside the Town of Wellsville, Allegany County, New York.

  • The cited state-hosted filing identifies the Town, not the separately incorporated Village of Wellsville.

  “The Town of Wellsville has no adopted zoning ordinance. No portions of the Facility Site are located within the Town of Wellsville.”

• Zoning districtsNot published (with conditions)

  Town zoning districts inside the Town of Wellsville.

  • This does not concern the Village of Wellsville's separate zoning districts.

  “The Town of Wellsville has no adopted zoning ordinance.”

• Minimum dwelling sizeNone (with conditions)

  Zoning minimum dwelling size inside the Town of Wellsville.

  • No Town zoning ordinance is adopted; state building-code requirements remain outside this zoning conclusion.

  “The Town of Wellsville has no adopted zoning ordinance.”

• Minimum lot sizeNone (with conditions)

  Zoning minimum lot size inside the Town of Wellsville.

  • No Town zoning ordinance is adopted; septic, health, and subdivision requirements may still constrain a parcel.

  “The Town of Wellsville has no adopted zoning ordinance.”

• SetbacksNone (with conditions)

  Zoning setbacks inside the Town of Wellsville.

  • No Town zoning ordinance is adopted; code, highway, utility, or other non-zoning setbacks are not resolved by this claim.

  “The Town of Wellsville has no adopted zoning ordinance.”

• Lot coverageNone (with conditions)

  Zoning lot coverage inside the Town of Wellsville.

  • No Town zoning ordinance is adopted.

  “The Town of Wellsville has no adopted zoning ordinance.”

• Building heightNone (with conditions)

  Zoning building-height controls inside the Town of Wellsville.

  • No Town zoning ordinance is adopted; building-code and other non-zoning limits are not resolved by this claim.

  “The Town of Wellsville has no adopted zoning ordinance.”

• Septic permitRequired

  Installation of septic systems inside the Town of Wellsville.

  • A building permit is the stated Town requirement; the form separately directs applicants to make an application to the Allegany County Health Department for all septic systems.

  “B. The installation of all mobile and modular units, all woodstoves – fireplaces and inserts, all heating units, all pools all electrical work and the installation of all septic systems.”

• Off-grid sanitationLimited

  On-site septic sanitation systems installed inside the Town of Wellsville.

  • A Town building permit is required for installation.
  • The Town form requires application to the Allegany County Health Department for all septic systems.

  “Permits are issued for the installation of new or replacement systems, through which department staff design, oversee, and approve the final construction of systems to ensure they meet state sanitary code requirements.”

• Agricultural exemptionAvailable (with conditions)

  Structures to be used for agricultural purposes inside the Town of Wellsville.

  • The structures must still be built to code.

  “Structure to be used for agricultural purposes do not require a permit but must be built to code.”

• Permit feesPublished (with conditions)

  Town of Wellsville building permits.

  • The fee schedule says fees are based on a local building construction factor.
  • A permit holder who begins covered work without a valid permit is assessed double the normal applicable permit fee.
  • The form says regulations and fees were passed by the Town Board in August 2015 and bears a revision date of January 29, 2018.

  minimum project-value permit fee: 50 USD (Project value up to $2,000.) · unfinished structure building construction factor: 60 USD per square foot · finished structure building construction factor: 100 USD per square foot

  “FEE SCHEDULE Fees will be based on the local Building Construction Factor: $60.00 per Sq. Ft. (Unfinished Structure) $100.00 per Sq. Ft. (Finished Structure)”

• Permit processPublished (with conditions)

  Applications for Town of Wellsville building permits.

  • Incomplete or incorrectly completed applications will be rejected.
  • No work may be performed until a permit is issued.
  • The application requires a completed and signed application and construction questionnaire before issuance.

  “Incomplete or incorrectly filled out applications will be rejected. Submission of a building permit application does not constitute issuance of a permit. No work is to be performed until a permit has been issued.”

Rules another office applies inside Town of Wellsville

Town of Wellsville does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted (with conditions)

  Drawings submitted to Town of Wellsville Code Enforcement for construction work inside the town.

  • The form states the compliance-review requirement for drawings submitted with an application.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City) by directive of the State Legislature.”

• Who permits septicCounty (with conditions)

  New septic systems inside the Town of Wellsville.

  • The Town form requires engineered septic plans when a new system is installed.

  “Engineered Septic Plans if a new system is to be installed (application must be made to Allegany County Health Department for all septic systems.)”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Wellsville or Allegany County directly.

• Owner-builder exemption — Owner-built residential construction inside the Town of Wellsville.
• Inspections — Construction work inside the Town of Wellsville.
• Certificate of occupancy — Occupancy of buildings inside the Town of Wellsville.
• Septic inspection — Septic-system inspections inside the Town of Wellsville.
• Well permit — Private wells inside the Town of Wellsville.

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.