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

Town of Elizabethtown’s own rules

• Local zoningVaries (with conditions)

  Land inside Elizabethtown town: the town's Land Use Local Law regulates the designated hamlet zoning area; the source does not establish comparable town zoning outside that area.

  • The local law applies only within the zoning-regulated areas located in the Hamlet of Elizabethtown, except Article 9 floodplain provisions.

  “This Land Use Local Law shall apply to all lands only within the zoning regulated areas of the Town of Elizabethtown located within the hamlet of Elizabethtown except for Article 9.”

• Building in a floodplainRequired

  Construction and other development in mapped areas of special flood hazard inside Elizabethtown town.

  • Applies to mapped special-flood-hazard areas; applications use forms furnished by the Local Administrator and may require plans showing the proposed work and site conditions.

  “It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 1.09 and Article 9, without a valid floodplain development permit.”

• Permit feesVariable (with conditions)

  Floodplain development permits inside Elizabethtown town's mapped special-flood-hazard areas.

  • The application fee is set by the Town Board; applicants must reimburse additional necessary review, inspection, and approval costs.

  “All applications for a floodplain development permit shall be accompanied by an application fee as may be set by the Town Board. In addition, the applicant shall be responsible for reimbursing the Town of Elizabethtown for any additional costs necessary for review, inspection and approval of this project.”

• Permit processPartial

  Planned property work throughout Elizabethtown town.

  • The town directs residents outside the Hamlet of Elizabethtown to contact the Code Enforcement Officer first.

  “Anything planned for property in all of Elizabethtown (including New Russia) requires notice to the Code Enforcement Officer, Gordon Costin. Once you fill out a Building Permit, the Code Officer will guide you through the process.”

Rules another office applies inside Town of Elizabethtown

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

• Building permitRequired

  Work in Elizabethtown town required to conform to the New York Uniform Code.

  • Certain exceptions are permitted under the state code-enforcement framework.

  “Building permits must be required for any work which is required to conform to the Uniform Code. Certain exceptions are permitted.”

• Building code adoptedAdopted (with conditions)

  Building construction inside Elizabethtown town, outside New York City.

  • New York State's Uniform Code and Energy Code apply; local administration/enforcement requirements apply within each local government's jurisdiction.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City) by directive of the State Legislature.”

• InspectionsRequired

  Permitted construction in Elizabethtown town subject to the New York Uniform Code.

  • The applicable code-enforcement program requires inspections of specified construction elements.

  “Construction Inspections. Inspections of certain specified elements of the construction process must be required.”

• Certificate of occupancyRequired

  Work in Elizabethtown town for which a building permit was required, and changes in general occupancy classification.

  • Required for work for which a building permit was required and when the general occupancy classification changes.

  “A certificate of occupancy or a certificate of compliance must be required (1) for all work for which a building permit was required and (2) whenever the general occupancy classification of a building is changed.”

• Zoning districtsPublished (with conditions)

  Elizabethtown town's hamlet zoning-regulated area.

  • District locations and boundaries are shown on the adopted Land Use Map.

  districts: Hamlet Residential (HR); Hamlet Service (HS); Hamlet Protectorate (HP); Floodway Special District (FS); Mixed Use District (MU)

  “The Town of Elizabethtown establishes the following land use districts for the hamlet of Elizabethtown: Hamlet Residential (HR) Hamlet Service (HS) Hamlet Protectorate (HP) Floodway Special District (FS) Mixed Use District (MU)”

• Minimum lot sizeSpecified

  Hamlet Residential District within Elizabethtown town's hamlet zoning-regulated area.

  • Minimum lot area is per unit.

  minimum lot area per unit: 1/3 Acre; 14,520 square feet · minimum lot width: 100 feet

  “Minimum Lot Area per unit in [...] Acres square feet [...] 1/3 Acre 14,520 [...] Minimum Lot Width in Feet [...] 100’”

• SetbacksSpecified

  Hamlet Residential District within Elizabethtown town's hamlet zoning-regulated area.

  • The front setback has both minimum and maximum limits.

  front yard: 25 minimum; 35 maximum feet · side yard, each side: 25 feet · rear yard: 25 feet

  “Setback Requirements [...] Front Yard Side Yard, Each Side Rear Yard [...] 25 feet (Minimum) 35 feet (Maximum) 25 feet 25 feet”

• Manufactured homesProhibited

  Mobile-home parks and single-wide or double-wide manufactured homes in the Hamlet Residential District.

  • The local law references § 4.03 for existing mobile homes, mobile-home parks, and other manufactured homes.

  “Mobile home parks, single-wide and double-wide manufactured homes are not allowed in this hamlet district.”

• Accessory dwellingsAllowed

  Accessory apartments in the Hamlet Residential District within Elizabethtown town's hamlet zoning-regulated area.

  “Permitted Uses (Does Not Require Planning Board Approval) [...] 5. Accessory Apartment”

• Who permits septicState (with conditions)

  Individual water and sewage systems inside Elizabethtown town, Essex County.

  • Essex County is a partial-service local health department; the NYSDOH District Office in Saranac Lake handles individual water and sewage systems for the county.

  “A NYSDOH District Office provides environmental services in our county including inspection of restaurants, monitoring of public drinking water, and investigation of complaints at NYSODH-regulated facilities. [...] Environmental Health Services NYSDOH in Saranac Lake conduct: Individual Water and Sewage Systems”

Still unanswered

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

• Owner-builder exemption — Owner-built residences inside Elizabethtown town.
• Minimum dwelling size — Dwellings in Elizabethtown town's hamlet zoning-regulated area.
• Camping on your land — Temporary camping on private land inside Elizabethtown town.
• Tiny homes — Tiny-home occupancy inside Elizabethtown town.
• Septic permit — Individual sewage systems inside Elizabethtown 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.