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

Rules another office applies inside Town of Humphrey

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

• Building permitRequired

  Work inside the Town of Humphrey that is required to conform to the New York Uniform Code.

  • Certain exceptions are permitted.

  “Building permits must be required for any work which is required to conform to the Uniform Code. Certain exceptions are permitted.”

• Building code adoptedAdopted (with conditions)

  Building construction inside the Town of Humphrey, except New York City, under the statewide Uniform Code.

  • The Uniform Code is applicable in all parts of New York State except New York City.
  • A local government may impose a more restrictive construction standard only after the statutory notice, petition, and Code Council approval process.

  “The Uniform Code is applicable in all parts of the State except New York City (which has its own construction code).”

• InspectionsRequired

  Uniform-Code construction inside the Town of Humphrey.

  • Inspections are required for certain specified construction elements.
  • Permit holders must keep work accessible and exposed until it is inspected and accepted by the municipality.

  “Inspections of certain specified elements of the construction process must be required.”

• Certificate of occupancyRequired

  Work inside the Town of Humphrey for which a building permit was required, and changes in general occupancy classification.

  • Applies for all work for which a building permit was required.
  • Also applies whenever the general occupancy classification of a building changes.

  “A certificate of occupancy or a certificate of compliance must be required (1) for all work for which a building permit was required and (2) whenever the general occupancy classification of a building is changed.”

• Minimum lot sizeSpecified

  Lots in the Town of Humphrey proposed for a new onsite wastewater disposal system.

  • The limitation applies to construction of a new onsite wastewater disposal system.
  • The Department may grant a lot-size variance for replacement systems, with conditions it deems appropriate to minimize risks to human health or safety.

  minimum lot area without public water: >= 40000 square feet (new onsite wastewater disposal systems) · minimum lot area with public water: >= 15000 square feet (new onsite wastewater disposal systems)

  “16.4.3.1 40,000 square feet for those lots not served by a public water system, 16.4.3.2 15,000 square feet for those lots served by a public water system.”

• Who permits septicCounty (with conditions)

  Onsite wastewater systems inside the Town of Humphrey, which is in Cattaraugus County.

  • The code is administered by the Cattaraugus County Health District Health Department.
  • The Health District is established under section 340 of the New York Public Health Law.

  “Department (Health Department) - Shall mean the Department of Health of the Cattaraugus County Health District”

• Septic permitRequired

  Repair, modification, or construction of an onsite wastewater treatment system inside the Town of Humphrey.

  • The owner must first apply to the Department on its forms.
  • No construction work may begin until a Permit-to-Construct is issued.
  • The permit is valid for one year or as otherwise stated and is non-transferable.

  permit validity: 1 year (or as otherwise stated; permit is non-transferable)

  “No work can be performed for which a permit has not been obtained.”

• Septic inspectionRequired

  New or repaired onsite wastewater treatment systems inside the Town of Humphrey.

  • The contractor or owner must arrange inspection at completion and before backfill.
  • Additional inspection is required when deemed necessary by the Department.

  “The contractor or owner must cause inspection of the onsite wastewater treatment system at completion, prior to backfill, and as may be deemed necessary by the Department.”

• Off-grid sanitationLimited

  Onsite wastewater treatment systems serving property inside the Town of Humphrey.

  • A permit is required for construction and operation.
  • An onsite system may not be constructed where the Department finds a public wastewater system available and accessible, except for a temporary construction privy.
  • Construction and maintenance must meet 10 NYCRR Appendix 75-A or the NYS DEC design handbook unless the permit specifies otherwise.

  “No onsite wastewater treatment system shall be utilized without a Permit-to-Operate.”

• Mandatory utility hookupConditional

  Properties inside the Town of Humphrey where the Cattaraugus County Health District determines a public wastewater system is available and accessible.

  • Where a public wastewater treatment system is available and accessible, an onsite wastewater system may not be constructed except for a temporary construction privy.
  • The Department may direct abandonment of an existing onsite system and connection to the public wastewater treatment system.

  “the Department may direct the owner requiring abandonment of existing onsite wastewater treatment system(s) and connection to the public wastewater treatment system.”

• Subdividing landRegulated (with conditions)

  Realty subdivisions inside the Town of Humphrey that are within the Cattaraugus County Health District.

  • A Cattaraugus County Health Department permit is not required.
  • Review and approval of engineering plans is required to ensure compliance with New York Public Health Law and Environmental Conservation Law.

  “Although realty subdivisions do not require a permit from the Cattaraugus County Health Department, review and approval of engineering plans is required to ensure compliance with NYS Public Health Law and NYS Environmental Conservation Law.”

Still unanswered

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

• Owner-builder exemption — Owner-built dwellings inside the Town of Humphrey.
• Local zoning — Land inside the Town of Humphrey, Cattaraugus County, New York.
• Zoning districts — Zoning districts inside the Town of Humphrey.
• Minimum dwelling size — Dwellings inside the Town of Humphrey.
• Setbacks — Buildings inside the Town of Humphrey.

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.