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

Town of Middletown’s own rules

• Building permitRequired

  Listed work inside Middletown town, including new home or garage construction

  • Listed items include decks, system modifications, sheds over 144 sq ft, major renovations, pools, new home or garage construction.
  • A building permit will not be issued without NYC DEP septic approval.
  • Sheds or carports under 144 sq ft need zoning approval.

  shed/outbuilding size threshold for building permit: > 144 sq ft (smaller sheds need zoning approval)

  “below are some items that need a building permit in the town of middletown.”

• Local zoningPresent

  Land inside Middletown town, Delaware County, NY

  • Some projects may require site plan review.

  “the town of middletown has zoning laws and subdivision regulations. some projects may require site plan review.”

• Subdividing landRegulated (with conditions)

  Subdivision of land in the unincorporated portion of Middletown town (outside any village)

  • Approved plat must be filed in the office of the Delaware County Clerk.
  • Regulations adopted by planning board Oct. 25, 1984, approved by town board Dec. 11, 1984, amended 1989.
  • NYC DEP septic approval required before subdivision.

  “land within the unincorporated portion of the town of middletown may be subdivided into lots, blocks, or sites, with or without roads or highways, only if approved by the planning board”

• Building in a floodplainRequired

  Work or development in flood hazard areas inside Middletown town

  • Fee of $150 for all developments, per local law #2 of 2012.

  development permit fee: 150 USD

  “development permits-required in connection with an application for work or development in flood hazard areas: all developments (per local law #2 of 2012) $150”

• Permit feesPublished

  Building and zoning permits inside Middletown town

  • Fees double if construction starts before a building permit is obtained.
  • Fee schedule is dated 2018 and states fees may change from time to time.
  • Outside consultant escrow of 1/2 of 1 percent applies on projects over $100,000 when the town engages consultants.

  site-built home under 2,000 sq ft: 300 USD · certificate of occupancy: 25 USD

  “zoning and building fee schedule effective - september 13, 2018 adopted by town board - september 12, 2018”

• Permit processPublished

  Building permits inside Middletown town

  • Fees are arranged for payment after submission.

  “visit the building permit portal to apply for permits online, including uploading documents.”

Rules another office applies inside Town of Middletown

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

• Who permits septicMixed (with conditions)

  Septic systems inside Middletown town (New York City watershed)

  • Catskill Watershed Corporation handles septic replacement and upgrade questions.

  “because of our location in the new york city watershed, the department of environmental protection (dep) requires septic approval prior to subdivision or construction.”

• Septic permitRequired

  New septic systems before construction or subdivision inside Middletown town

  • Applications for new house construction must include NYC DEP septic plan approval.
  • Additions with new bedrooms need written DEP approval of use of the existing system.

  “will not be issued without DEP septic approval.”

Still unanswered

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

• Owner-builder exemption — Owner-builders inside Middletown town
• Inspections — Construction inside Middletown town
• Certificate of occupancy — New buildings inside Middletown town
• Zoning districts — Zoning districts inside Middletown town
• Minimum dwelling size — Dwellings inside Middletown 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.