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

Town of Elma’s own rules

• Building permitRequired

  Work within Elma that must conform to the Uniform Code or Energy Code.

  • A permit is required before commencing covered work.

  “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.”

• InspectionsRequired

  Building-permit work for which a certificate of occupancy or compliance is sought in Elma.

  • Inspection occurs before issuance of the certificate of occupancy or certificate of compliance.

  “The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a certificate of Occupancy or certificate of compliance.”

• Certificate of occupancyRequired

  Work subject to a building permit and structures converted to another use or occupancy classification in Elma.

  • Permission to use or occupy the building or structure is granted only by a certificate of occupancy or compliance.

  “A certificate of occupancy or 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 within the Town of Elma, Erie County, New York.

  “[HISTORY: Adopted by the Town Board of the Town of Elma 7-18-1950 by Ord. No. 2. Amendments noted where applicable.]”

• Off-grid sanitationLimited

  Private wastewater disposal in Elma where public sewer is unavailable.

  • Chapter 115 separately addresses private wastewater disposal where public sewer is unavailable; its detailed construction standards were not extracted.

  “Where a public sewer is not available, under the provisions of § 115-11, the building lateral shall be connected to a private wastewater disposal system complying with the provisions of the Rules and Regulations of the NYSDOH, NYSDEC, and/or the Erie County Health Department.”

• Mandatory utility hookupConditional

  Sewer service for land in Elma served by the public sewer system.

  • Chapter 115 contains a requirement to connect to public sewer; the available official index did not provide its availability or distance conditions.

  “At such time that a public sewer becomes available to a property, a direct connection shall be made to the public sewer, in compliance with this chapter, and any cesspool, septic tank, and similar wastewater disposal facilities shall be cleaned of septage, by a licensed septage hauler, and finally either filled with clean sand, bank-run gravel, or dirt, or removed and properly disposed.”

• Driveway accessRequired

  New building-permit applications in Elma.

  • A driveway culvert must be installed; the building must be staked out; and a certified survey copy must accompany the building-permit application.

  “Before a building permit is issued, driveway culvert shall be installed, the building staked out and a copy of a certified survey submitted with the application for a building permit.”

• Permit processPublished (with conditions)

  Building-permit applications in Elma.

  • Applications must be in writing on a form provided by or acceptable to the Code Enforcement Officer.

  “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 Town of Elma or Erie County directly.

• Owner-builder exemption — Owner-built residential construction in Elma.
• Lot coverage — Lots in Elma.
• Tiny homes — Tiny homes in Elma.
• Accessory dwellings — Accessory dwelling units in Elma.
• Who permits septic — Private onsite wastewater systems in Elma.

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.