Zoning, building permits and septic rules in Village of Fishkill, New York

Village of Fishkill’s own rules

• Building permitRequired

  Work conforming to the Uniform Code or Energy Code inside the Village of Fishkill

  • Exempt: one-story detached sheds and similar structures of 144 sq ft or less gross floor area at one- or two-family dwellings
  • Exempt: fences not part of a pool enclosure, retaining walls not supporting a surcharge, painting and similar finish work, and some repairs and equipment replacement
  • An exemption is not authorization for work that violates the Uniform Code
  • Permit is invalid if work is not commenced within six months and expires 12 months after issuance
  • Fee is paid at application (§ 53-16, not opened)

  shed exemption: <= 144 sq ft (one-story detached structure at a one- or two-family dwelling)

  “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”

• Building code adoptedAdopted

  All buildings inside the Village of Fishkill

  • Chapter adopted 5-24-2010 by L.L. No. 6-2010 under § 10 of the Municipal Home Rule Law.

  “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 this village.”

• InspectionsRequired

  Permitted construction inside the Village of Fishkill

  • Inspected elements include footing and foundation, framing, building systems, energy code compliance and a final inspection, where applicable
  • Inspection fee paid prior to or at each inspection

  “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.”

• Certificate of occupancyRequired

  Work under a building permit and use/occupancy conversions inside the Village of Fishkill

  • Issued by the Code Enforcement Officer only if the work complies with the Uniform Code and Energy Code
  • Temporary certificates are available under § 53-7 D (text not reviewed)

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

• Local zoningPresent

  Land inside the Village of Fishkill (Dutchess County), which adopts its own Chapter 171 Zoning

  • District use and dimensional rules are in Schedules C-F, which were not opened.

  “the village of fishkill is hereby divided into the following classes of districts”

• Zoning districtsPublished

  Zoning districts inside the Village of Fishkill

  • Zoning map is on file at village offices and in the code (§ 171-9).
  • Schedules of uses and dimensional regulations are in the online code.

  districts: R-10, R-7.5, R-50, VC-BD, PB, GB-1, GB-2, PI, LC

  “r-10 one-family residence r-7.5 one- or two-family residence r-50 three-or-more-family residence vc-bd village center business district pb planned business gb-1 general business-1 gb-2 general business-2 pi planned industry lc land conservation”

• Permit processPublished (with conditions)

  Building permit applications inside the Village of Fishkill

  • Application signed by owner or authorized agent
  • At least two sets of construction documents, with a site plan showing any existing or proposed well or septic system and distances to lot lines
  • Prepared by a registered architect or engineer where the Education Law requires

  “applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the code enforcement officer.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Fishkill or Dutchess County directly.

• Owner-builder exemption — Owner-builder permit exemption inside the Village of Fishkill
• Minimum dwelling size — R-10 residence district inside the Village of Fishkill
• Minimum lot size — R-10 and R-7.5 residence districts inside the Village of Fishkill
• Setbacks — R-10 residence district inside the Village of Fishkill
• Lot coverage — R-10 residence district inside the Village of Fishkill

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.