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

Town of Elmira’s own rules

• Building permitRequired

  Work in the Town of Elmira that must conform to the Uniform Code or Energy Code, including construction, enlargement, alteration, improvement, removal, relocation, demolition, and listed solid-fuel installations.

  • Exemptions listed in § 76-4B apply, including certain structures of 81 square feet or less, certain pools, specified repairs, and nonresidential farm buildings used directly and solely for agricultural purposes.
  • parameters=[],

  “Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit.”

• Building code adoptedAdopted (with conditions)

  Buildings, structures, and premises in the Town of Elmira.

  • Except as otherwise provided in the Uniform Code, other state law, or Chapter 76.

  “This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town.”

• InspectionsRequired

  Permitted construction in the Town of Elmira.

  • Work must remain accessible and exposed until inspected and accepted; the permit holder must notify the Code Enforcement Officer 72 hours before an applicable inspection.
  • parameters=[],

  “Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 72 hours prior to inspection when any element of work described in Subsection B of this section is ready for inspection.”

• Certificate of occupancyRequired

  Any work subject to a Town building permit and structures converted to another use or occupancy classification in the Town of Elmira.

  • The Code Enforcement Officer or authorized inspector must inspect before issuance; applicable structural-observation, special-inspection, and flood-hazard documents must be provided.
  • parameters=[],

  “Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another.”

• Local zoningPresent (with conditions)

  Land inside the Town of Elmira, New York.

  “[HISTORY: Adopted by the Town Board of the Town of Elmira 11-17-1997 by L.L. No. 1-1997. Amendments noted where applicable.]”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Elmira.

  • The code also establishes a PMRD floating district and Flood Damage Prevention Overlay.
  • parameters=[],

  “Names of districts. In order to fulfill the purpose of this chapter, the Town of Elmira establishes and is hereby divided into the following nine districts:”

• Camping on your landProhibited

  Camping anywhere in the Town of Elmira.

  • Family camping is excepted where it meets the Code definition: recreational camping by parents, legal guardians, and/or minor children including child guests for a limited duration on property where the family maintains a legal residence as homeowners or tenants.

  “A person shall not occupy a campsite anywhere in the Town of Elmira except where otherwise defined as "family camping."”

• Agricultural exemptionConditional

  Nonresidential farm buildings inside the Town of Elmira.

  • The building must be a barn, shed, poultry house, or other building used directly and solely for agricultural purposes; the exemption does not authorize work that violates the Uniform Code or Energy Code.

  “Nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside the Town of Elmira.

  • The code contains procedures for concept plats, minor subdivisions, major subdivisions, and required improvements.

  “Chapter 198 Subdivision of Land [HISTORY: Adopted by the Town Board of the Town of Elmira 5-1-2000 by L.L. No. 1-2000. Amendments noted where applicable.]”

Rules another office applies inside Town of Elmira

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

• Owner-builder exemptionConditional

  Owner construction of an onsite wastewater treatment system inside the Town of Elmira.

  • The homeowner must complete a Homeowners Registration Exemption Form; this is an exemption from contractor registration, not from the sewage-treatment construction-permit requirement.

  “If you are planning to construct the OWTS yourself, you can claim an exemption to the "contractor registration" requirement. To do so, you will need to complete a "Homeowners Registration Exemption Form".”

• Minimum dwelling sizeSpecified

  One-unit residences with public water and sewer in the Residential-Low Density (AAA) district inside the Town of Elmira.

  • All exterior dimensions must be at least 20 feet.

  minimum habitable dwelling area per unit: 1200 square feet (All exterior dimensions must be at least 20 feet.)

  “AAA One-unit residence with public water and sewer 12,000 80 40 10 25 10% (25%1) 35 2 1,200 with all exterior dimensions ≥ 20 feet”

• Minimum lot sizeSpecified

  One-unit residences with public water and sewer in the Residential-Low Density (AAA) district inside the Town of Elmira.

  minimum lot area per principal use: 12000 square feet (One-unit residence with public water and sewer.)

  “AAA One-unit residence with public water and sewer 12,000 80 40 10 25 10% (25%1) 35 2 1,200 with all exterior dimensions ≥ 20 feet”

• SetbacksSpecified

  One-unit residences with public water and sewer in the Residential-Low Density (AAA) district inside the Town of Elmira.

  front yard setback: 40 feet (One-unit residence with public water and sewer.) · side yard setback: 10 feet (One-unit residence with public water and sewer.) · rear yard setback: 25 feet (One-unit residence with public water and sewer.)

  “AAA One-unit residence with public water and sewer 12,000 80 40 10 25 10% (25%1) 35 2 1,200 with all exterior dimensions ≥ 20 feet”

• Lot coverageSpecified

  One-unit residences with public water and sewer in the Residential-Low Density (AAA) district inside the Town of Elmira.

  • The schedule also displays a parenthetical 25% note reference.

  maximum lot coverage: 10 percent (One-unit residence with public water and sewer; schedule also contains parenthetical note 1.)

  “AAA One-unit residence with public water and sewer 12,000 80 40 10 25 10% (25%1) 35 2 1,200 with all exterior dimensions ≥ 20 feet”

• Building heightSpecified

  One-unit residences with public water and sewer in the Residential-Low Density (AAA) district inside the Town of Elmira.

  maximum building height: 35 feet (One-unit residence with public water and sewer.) · maximum stories: 2 stories (One-unit residence with public water and sewer.)

  “AAA One-unit residence with public water and sewer 12,000 80 40 10 25 10% (25%1) 35 2 1,200 with all exterior dimensions ≥ 20 feet”

• Who permits septicCounty (with conditions)

  Private sewage-treatment systems inside the Town of Elmira.

  • The system must comply with the Chemung County Sanitary Code and referenced state standards.

  “No person shall construct a system or facilities for the private treatment of waterborne sewage, domestic, or trade wastes, to serve any building, dwelling, or premises in or from which such wastes may be discharged without first having obtained a "Construction Permit" from the Chemung County Health Department.”

• Septic permitRequired

  Construction of private treatment facilities serving premises inside the Town of Elmira.

  • A construction permit must be obtained from the Chemung County Health Department before construction.

  “No person shall construct a system or facilities for the private treatment of waterborne sewage, domestic, or trade wastes, to serve any building, dwelling, or premises in or from which such wastes may be discharged without first having obtained a "Construction Permit" from the Chemung County Health Department.”

Still unanswered

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

• Living in an RV — Residential occupancy of recreational vehicles on private land inside the Town of Elmira.
• Tiny homes — Tiny-home residential occupancy inside the Town of Elmira.
• Manufactured homes — Manufactured-home occupancy inside the Town of Elmira.
• Accessory dwellings — Accessory dwelling units inside the Town of Elmira.
• Septic inspection — Onsite wastewater systems inside the Town of Elmira.

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 Town of Elmira 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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