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

Town of Livingston’s own rules

• Certificate of occupancyRequired

  Altered land uses and buildings occupied, used, or changed in use inside Livingston town.

  • Certificate requires Zoning Administrator approval and Building Inspector issuance.
  • Roads must provide proper and reasonable emergency-vehicle ingress and egress.
  • Sewage facilities require prior Columbia County Department of Health approval.
  • Application is upon completion of construction.

  issuance period after compliant approval: <= 10 days (After erection or alteration is approved as compliant.)

  “No land use shall be altered and no building shall be occupied, used or changed in use until a certificate of occupancy has been approved by the Zoning Administrator and issued by the Building Inspector stating that the building or proposed use thereof complies with the provisions of this law and all other applicable laws and regulations.”

• Local zoningPresent (with conditions)

  Land inside the Town of Livingston, Columbia County, New York.

  • The zoning map is part of the local law and is on file with the Town Clerk.

  “Said districts are bounded as shown on a map entitled "Zoning Map - Town of Livingston", last revised March 9, 2006, with explanatory matter thereon, which is hereby adopted and made a part of this Local Law.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Livingston town.

  • The official zoning map is on file with the Town Clerk.
  • Flood Area Over Zone overlays other zoning districts; underlying dimensional and land-use requirements remain applicable.

  districts: CH-2, HDR-2, LDR-2, CON-7, C-1, FAO, AD/LI-1, LC-1

  “CH-2 HDR-2 LDR-2 CON-7 C-1 FAO AD/LI-1* LC-1**”

• Manufactured homesAllowed (with conditions)

  One manufactured home on a lot already improved by a one-family dwelling inside Livingston town.

  • Lot must be at least four acres.
  • Both dwellings must comply with applicable setback, yard, frontage, zoning, and subdivision requirements.
  • The two dwellings must be at least 80 feet apart.
  • Only one manufactured home may be placed on the qualifying lot.
  • Shared well and septic require Columbia County Board of Health approval.

  minimum lot size: >= 4 acres (Lot already improved by a one-family dwelling.) · minimum separation: >= 80 feet (Between existing one-family dwelling and manufactured home.)

  “Where a four (4) acre or larger lot is already improved by a one-family dwelling, a manufactured home (mobile home) may also be placed on that lot, provided that the placement of the manufactured home (mobile home) results in both the existing one-family dwelling and the manufactured home (mobile home), in relation to each other and generally, being in compliance with all applicable set back, yard frontage and other zoning and subdivision requirements”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Livingston town.

  • Each lot formed from a developed lot must conform to the zoning law and Town Subdivision Regulations unless otherwise specifically permitted.

  “Where a lot is hereafter formed from the part of a lot already occupied by a building, such separation shall be effected in such manner that each lot thus created conforms to all of the requirements of this law and the Town Subdivision Regulations, except as specifically permitted elsewhere in this law.”

• Permit processPublished (with conditions)

  Building-permit applications inside Livingston town.

  • Application is made to the Building Inspector on the Inspector's forms.
  • The Zoning Administrator approves, disapproves, or refers the application within 30 days.
  • Following approval and receipt of applicable fees, the Building Inspector issues the permit within five days.

  zoning-administrator review period: <= 30 days (Approve, disapprove, or refer application.) · permit-issuance period: <= 5 days (After approval and receipt of applicable fees.)

  “The Zoning Administrator shall approve, disapprove, or refer the application to the Planning Board within thirty (30) days. Upon approval of the application and upon receipt of the applicable fees, the Building Inspector shall issue a building permit to the applicant upon the prescribed form within five (5) days”

Rules another office applies inside Town of Livingston

Town of Livingston 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

  Low Density Residential District (LDR-2) inside Livingston town.

  • Two-family and multi-family residences have a minimum living area of 400 square feet per unit.

  minimum building living area per family: >= 700 square feet (LDR-2 schedule entry.)

  “District Height (acres) Coverage Width Per Family Front Side Rear [...] LDR-2 2 1/2 35 2 20 150 700 40 40 40”

• Minimum lot sizeSpecified

  Agricultural Development/Light Industrial District (AD/LI-1) inside Livingston town.

  minimum lot area per family: >= 1 acres (AD/LI-1 schedule entry.)

  “District Height (acres) Coverage Width Per Family Front Side Rear [...] AD/LI-1 2 1/2 35 1 65 150 700 30 20 20 20”

  One more reviewed finding on this topic

  • Specified — Low Density Residential District (LDR-2) inside Livingston town.

    “District Height (acres) Coverage Width Per Family Front Side Rear [...] LDR-2 2 1/2 35 2 20 150 700 40 40 40”

• SetbacksSpecified

  Agricultural Development/Light Industrial District (AD/LI-1) inside Livingston town.

  • Setbacks are measured from property lines.

  front-yard setback: >= 30 feet (AD/LI-1 schedule entry.) · side-yard setback: >= 20 feet (AD/LI-1 schedule entry.) · rear-yard setback: >= 20 feet (AD/LI-1 schedule entry.)

  “AD/LI-1 2 1/2 35 1 65 150 700 30 20 20 20 [...] Setbacks are to be measured from property lines.”

  One more reviewed finding on this topic

  • Specified — Low Density Residential District (LDR-2) inside Livingston town.

    “LDR-2 2 1/2 35 2 20 150 700 40 40 40 [...] Setbacks are to be measured from property lines.”

• Lot coverageSpecified

  Agricultural Development/Light Industrial District (AD/LI-1) inside Livingston town.

  maximum lot coverage: <= 65 percent (AD/LI-1 schedule entry.)

  “District Height (acres) Coverage Width Per Family Front Side Rear [...] AD/LI-1 2 1/2 35 1 65 150 700 30 20 20 20”

  One more reviewed finding on this topic

  • Specified — Low Density Residential District (LDR-2) inside Livingston town.

    “District Height (acres) Coverage Width Per Family Front Side Rear [...] LDR-2 2 1/2 35 2 20 150 700 40 40 40”

• Building heightSpecified

  Agricultural Development/Light Industrial District (AD/LI-1) inside Livingston town.

  maximum building height: <= 35 feet (AD/LI-1 schedule entry.) · maximum building height: <= 2.5 stories (AD/LI-1 schedule entry.)

  “Maximum Minimum Maximum Minimum Minimum Minimum Building Building Lot Area Lot Lot Living Area Yard Setback District Height (acres) Coverage Width Per Family Front Side Rear (stories) (feet) (%) (sq.ft.) (ft.) (ft.) (ft.) [...] AD/LI-1 2 1/2 35 1 65 150 700 30 20 20 20”

  One more reviewed finding on this topic

  • Specified — Low Density Residential District (LDR-2) inside Livingston town.

    “Maximum Minimum Maximum Minimum Minimum Minimum Building Building Lot Area Lot Lot Living Area Yard Setback District Height (acres) Coverage Width Per Family Front Side Rear (stories) (feet) (%) (sq.ft.) (ft.) (ft.) (ft.) [...] LDR-2 2 1/2 35 2 20 150 700 40 40 40”

• Who permits septicCounty (with conditions)

  Sewage facilities serving buildings seeking a certificate of occupancy inside Livingston town.

  • Prior approval of sewage facilities by the Columbia County Department of Health is required before the Town issues a certificate of occupancy.

  “No certificate of occupancy shall be issued without prior approval of sewage facilities by the Columbia County Department of Health.”

• Building in a floodplainRequired

  Development in the Flood Area Over Zone/Flood District inside Livingston town.

  • Zoning Administrator must issue the permit before covered work or activity begins.
  • Residential new construction or substantial improvement must have its lowest floor, including basement, elevated to or above base flood elevation.
  • New or replacement sanitary sewage and on-site waste disposal systems have additional flood-protection requirements.

  “Within the Flood District, no person shall erect, construct, enlarge, alter, repair, improve, or move any permitted building or structure nor shall any permitted activity such as mining, dredging, filling, grading, paving, excavation, or drilling commence without first obtaining a permit from the Zoning Administrator.”

Still unanswered

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

• Owner-builder exemption — Owner-builder residential construction inside Livingston town.
• Inspections — General residential building inspections inside Livingston town.
• Living in an RV — Long-term occupancy of recreational vehicles on private land inside Livingston town.
• Camping on your land — Temporary camping on private land inside Livingston town.
• Tiny homes — Tiny-home occupancy inside Livingston 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.