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

Town of Allegany’s own rules

• Building permitRequired

  Work in the Town of Allegany served by Town code enforcement.

  • The Town site states the requirement is pursuant to the Uniform Code.
  • The Town's Code Enforcement service is provided outside the separate Village of Allegany.

  “building permits are required for all work in the Town of Allegany.”

• Building code adoptedAdopted (with conditions)

  Buildings, structures, and premises in the Town of Allegany subject to Town code enforcement.

  • The chapter is subject to exceptions in the Uniform Code, other state law, and the chapter itself.

  “The Town of Allegany hereby adopts the 2025 Building Code of New York State”

• Certificate of occupancyRequired

  A completed project under a Town Building and Zoning Permit that results in occupancy of a building.

  • The applicant must apply after completion.
  • Projects that do not result in building occupancy require a Certificate of Compliance instead.

  “Upon completion of the construction or other action permitted in the Building and Zoning Permit, the applicant shall apply to the Code Enforcement Officer for a Certificate of Occupancy or a Certificate of Compliance. No premises shall be occupied until either a Certificate of Occupancy or a Certificate of Compliance has been issued.”

• Local zoningPresent (with conditions)

  Land governed by the Town of Allegany zoning ordinance, Cattaraugus County, New York.

  • The separate Village of Allegany administers its own planning and zoning services.

  “Pursuant to the authority conferred by Article 16 of the Town Law of the State of New York and for each of the purposes specified therein, the Town Board of the Town of Allegany, County of Cattaraugus and State of New York has ordained and does hereby enact this Zoning Ordinance regulating and restricting the location, size and use of buildings and other structures and the use of land in the Town of Allegany.”

• Zoning districtsPublished (with conditions)

  Zoning districts established by the Town of Allegany zoning ordinance.

  • The ordinance notes a Route 417 West Corridor Overlay District has additional rules.
  • Planned Development Districts are shown on the Town zoning map.

  “KEY: Zoning Districts R-1 Single family Residential Zoning District A-F Agricultural-Forestry Zoning District C-1 Local Commercial Zoning District C-2 Highway Commercial Zoning District I-1 Light Industrial Zoning District I-2 Heavy Industrial Zoning District C-F Community Facilities Zoning District”

• Living in an RVTemporary only (with conditions)

  Residential use of recreational vehicles in the R-1, A-F, and C-1 zoning districts in Allegany town.

  • Residential use without a Temporary Use Permit is limited to 30 days.
  • A Code Enforcement Officer may issue a Temporary Use Permit for a total consecutive period up to 90 days.

  unpermitted residential occupancy: <= 30 days (R-1, A-F, and C-1 districts) · temporary-permit consecutive period: <= 90 days (Permit issued by Code Enforcement Officer)

  “In the R-1, A-F and C-1 zoning districts Recreational Vehicles may be located and used for residential purposes in the Town for up to 30 days. If the vehicle will be used for residential purposes for a longer period, a Temporary Use Permit shall be obtained from the Code Enforcement Officer, who may issue the Permit for a total consecutive period up to ninety (90) days.”

• Subdividing landRegulated (with conditions)

  Subdivision applications in Allegany town.

  • Applications must be received at least two weeks before the Planning Board meeting date to be added to the agenda.

  “implementation of subdivision regulations.”

• Building in a floodplainLimited

  Development in a Special Flood Hazard Area in Allegany town.

  • No Floodplain Development Permit is required when the proposed development is not in a Special Flood Hazard Area.
  • No work may start until a permit is issued.
  • The permit expires if no work starts within six months.

  permit expiration if work not commenced: 6 months (from issuance)

  “The permit will expire if no work is commenced within six months.”

• Permit feesPublished (with conditions)

  Town construction, demolition, and zoning permit applications.

  • Construction and demolition schedule is effective January 1, 2026.
  • Zoning fees accompany every zoning-permit application even if the permit is approved, disapproved, or denied.

  new single-family residential construction fee: per 0.5 USD per square foot (plus $25 each plumbing unit)

  “NEW BUILD Single Family Residential $.50 per sf plus $25 each plumbing unit”

• Permit processPublished (with conditions)

  Building and zoning permit applications in Allegany town.

  • The Code Enforcement Officer issues the permit only after all requirements, reviews, actions, and approvals have been satisfied.
  • Special Use Permit or Site Plan Review applications are referred to the Planning Board.
  • A Building and Zoning Permit expires after one year if project action has not started.

  permit expiration if action not started: 1 year (from issuance)

  “If the Code Enforcement Officer determines that all requirements of this Ordinance are satisfied, or upon order by the Planning Board or Zoning Board of Appeals, the Code Enforcement Officer shall issue a Building and Zoning Permit, provided that all other reviews and actions, if any are called for in this Ordinance, have been complied with and all necessary approvals have been obtained.”

Rules another office applies inside Town of Allegany

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

• Minimum dwelling sizeSpecified

  Single-family dwelling units in the A-F Agricultural-Forestry District in Allegany town.

  • The stated figures differ by one-story and two-story dwelling.
  • Seasonal dwellings are exempt from the minimum floor-area requirement.

  one-story gross floor area: >= 800 square feet (A-F district) · two-story gross floor area: >= 1200 square feet (A-F district)

  “In an A-F Zoning District a single-family residential dwelling unit shall contain not less than 800 square feet of gross floor area for a one-story dwelling unit or not less than 1,200 square feet of gross floor area for a two-story dwelling unit.”

  One more reviewed finding on this topic

  • Specified — Single-family dwelling units in the R-1 Single-Family Residential District in Allegany town.

    “In the R-1 and C-1 Zoning Districts a single-family residential dwelling unit shall: (a) contain not less than 1,150 square feet of gross floor area for a one-story dwelling unit or not less than 1,400 square feet of gross floor area for a two-story dwelling unit.”

• Who permits septicCounty (with conditions)

  Onsite wastewater treatment systems for land in Allegany town, where Cattaraugus County Health Department approval is required.

  • The Town will not issue a Building and Zoning Permit unless the system is approved by the County Health Department where required.

  “Department (Health Department) - Shall mean the Department of Health of the Cattaraugus County Health District, its employees or other representatives authorized by the Commissioner.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction in Allegany town.
• Inspections — General building inspections for construction in Allegany town.
• Camping on your land — Temporary tent camping on private land in Allegany town.
• Tiny homes — Tiny homes used as dwellings in Allegany town.
• Accessory dwellings — Accessory dwelling units in Allegany town.

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.