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

Town of Red Hook’s own rules

• Local zoningPresent

  All land inside Red Hook town limits: the Town's Zoning Law (Town Code Chapter 143) regulates land use and buildings in the Town and divides the Town into zoning districts.

  • Adopted by the Town board under the Town Law and Municipal Home Rule Law, per Chapter 143 Article I.
  • Chapter 143 history line lists amendments through L.L. No. 5-2019 on eCode360 (amendment dates not converted to effective dates).

  “this chapter establishes comprehensive controls regulating the location, construction, alteration and use of buildings and structures and the development and use of land within the town of red hook and, for said purposes, divides the town into zoning districts.”

• Zoning districtsPublished

  Zoning districts inside Red Hook town, as listed in Chapter 143 attachments (use schedule, area and bulk schedule, zoning map)

  • Attachment contents not opened; the publication is confirmed from the attachment list only.

  “attachments attachment 1 - district schedule of use regulations attachment 2 - district schedule of area and bulk regulations attachment 3 - zoning map”

• Minimum lot sizeDistrict specific (with conditions)

  Residential lots in every zoning district where residences are permitted inside Red Hook town. The main single-family district and the agricultural/rural-residential district minimums are in Attachment 2 (not readable).

  • Existing lots of record that do not comply may be used under § 143-13 (reduced side and rear yards only).
  • Average density subdivision (§ 143-21) and residential cluster development (§ 143-33) can allow lots below the district minimum.

  “in all districts where residences are permitted, a lot may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district”

• SetbacksDistrict specific (with conditions)

  Yard setbacks for principal buildings in each zoning district inside Red Hook town (numeric values in Attachment 2, not readable)

  • Reduced side and rear yards may apply to existing lots of record under § 143-13: total of both side yards not less than 40% of lot width, and rear yard not less than 60% of the district minimum (applies only when greater yards cannot reasonably be provided).

  “the rear yard for a principal building shall similarly be not less than 60% of the minimum rear yard otherwise required for the district.”

• Building heightDistrict specific (with conditions)

  Building height in each zoning district inside Red Hook town (numeric limits in Attachment 2, not readable)

  • Height exceptions in § 143-15 apply: agricultural barns, silos and farm buildings; flagpoles, antennas, transmission towers and similar features (maximum 75 feet above average finished grade); spires, chimneys, solar collectors and similar structures occupying no more than 10% of roof area.

  “the height limitations set forth in the district schedule of area and bulk regulations”

• Accessory dwellingsLimited

  Accessory dwelling units on a lot inside Red Hook town (on an existing lot of record with a principal single-family dwelling)

  • Only by special permit, under Town Code §§ 143-64, 143-65, 143-66 or 143-66.1 (not opened).
  • Applies to lots of record that are developed for residential use with one principal single-family dwelling.

  “if developed for residential use, use of the lot shall be limited to one principal single-family dwelling. an accessory dwelling unit may be permitted by special permit in compliance with § 143-64, 143-65, 143-66 or 143-66.1.”

• Subdividing landRegulated (with conditions)

  Creating new lots inside Red Hook town (subdivision of land under Town Code Chapter 120)

  • Lots created after September 8, 1970 must be part of a plat approved by the Town Planning Board under Chapter 120 and filed with the Dutchess County Clerk.
  • Average density subdivisions and cluster development are regulated under Chapter 120 and §§ 143-21 and 143-33.

  “if created after september 8, 1970, the lot is part of a subdivision plat approved by the town of red hook planning board in accordance with chapter 120, subdivision of land, and filed in the office of the dutchess county clerk in a timely manner pursuant to the town law.”

• Driveway accessRequired

  Every lot inside Red Hook town that is built on needs frontage on a street or other access deemed sufficient under Town Law § 280-a

  • Frontage or other sufficient access under Town Law § 280-a is a condition precedent to a building permit.
  • Specific driveway standards not opened.

  “which parcel shall have frontage on a street or on such other means of access as may be deemed sufficient in accordance with the applicable provision of § 280-a of the town law to provide suitable access as a condition precedent to the issuance of a building permit.”

Rules another office applies inside Town of Red Hook

Town of Red Hook 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 septicCounty

  Sewage disposal for lots inside Red Hook town (the Dutchess County Department of Health reviews and approves the design and installation there, applying NYS standards).

  • Red Hook's zoning requires development to satisfy the Dutchess County health department and NYS DOH and DEC requirements for sewage disposal.
  • The county's process runs through the Town building inspector, who forwards the application to DCDOH.

  “development of the lot shall satisfy all applicable requirements of the town of red hook, the dutchess county health department and the new york state departments of health and environmental conservation for potable water supply and sewage disposal facilities.”

• Septic permitRequired

  New septic systems or modifications on lots inside Red Hook town without public sewer (DCDOH lot approval)

  • A valid design approval from DCDOH is needed before the building permit is recommended.
  • Design must be prepared by a NYS-registered professional engineer (or registered architect or land surveyor with an N exemption).

  “lot approval to get your lot approved to install or modify a well or septic system, you will need to hire a nys-registered professional engineer to complete a design for your septic system and well location onto a plan.”

• Septic inspectionRequired

  Septic installations inside Red Hook town (DCDOH inspection before cover)

  • Inspection must occur after installation and before the final cover is placed.
  • Pre-construction conference at the job site is also required before building permit recommendation (per DCDOH page).

  “after installation of the septic system and/or well, but before the final cover is placed, the installer must schedule an inspection with one of our doh inspectors.”

• Well permitRequired

  Installing or modifying a private well on a lot inside Red Hook town (DCDOH lot approval)

  • Well completion report required before certificate of occupancy recommendation.
  • Requires DCDOH lot approval as described for septic.

  “lot approval to get your lot approved to install or modify a well or septic system, you will need to hire a nys-registered professional engineer to complete a design for your septic system and well location onto a plan.”

• Permit processPartial

  Septic and well approval steps for a building permit on a lot inside Red Hook town. The Town's own permit steps are not published on the pages opened.

  • Municipality completes the top section of the DCDOH SAN 34 form; the building inspector forwards it to DCDOH.
  • Pre-construction conference and final inspection are scheduled through DCDOH inspectors.

  “the local municipality will have you complete the top section of the dcdoh san 34 form. the building inspector reviews the application for accuracy and then forwards it to us to confirm that there is a valid approval for the proposed use.”

Still unanswered

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

• Owner-builder exemption — Owner-builder work inside Red Hook town
• Building code adopted — Inside Red Hook town
• Inspections — Inside Red Hook town
• Minimum dwelling size — Minimum dwelling size inside Red Hook town
• Lot coverage — Lot coverage inside Red Hook 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.

Off-grid gear

Going off-grid in Town of Red Hook 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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