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

Town of Wilmington’s own rules

• InspectionsLimited

  Sites applying for a Town Certificate of Completion and buildings or lots where inspection is necessary to apply the Town zoning code.

  • The Code Enforcement Officer determines whether examinations, tests, or inspections are necessary and appropriate.
  • The officer conducts field inspections to determine whether approval and building-permit conditions are met before issuing a Certificate of Completion.

  “The Code Enforcement Officer, and such persons as may be designated by the Code Enforcement Officer, may conduct examinations, tests, and other inspections of the sites for which a Certificate of Completion has been applied, as the Code Enforcement Officer deems necessary and appropriate for the purposes of this Code.”

• Minimum lot sizeDistrict specific (with conditions)

  Lots in the Resource Management, Rural Use, Low Intensity, Moderate Intensity, Hamlet-1, and Hamlet-2 districts inside Wilmington town.

  • The proposed subdivision must comply with both maximum density and minimum lot-size requirements.
  • Waterfront Overlay District requirements may additionally apply.

  Resource Management minimum lot size: >= 8.5 acres · Rural Use minimum lot size: >= 5 acres · Low Intensity minimum lot size: >= 3 acres · Moderate Intensity minimum lot size: >= 1 acre · Hamlet-1 minimum lot size: >= 1 acre

  “This code regulates density of development separately from lot size. Whenever a parcel of land is subdivided, the proposed subdivision shall comply with both maximum density and minimum lot size requirements of the land use district.”

• Living in an RVLimited

  Recreational-vehicle occupancy in a Town campground or group camp.

  • A campground or group camp cannot be established or expanded until Planning Board special-use approval.
  • Only one recreational vehicle unit may occupy a camp area.
  • An RV cannot be permanently affixed to the ground.

  minimum campground site area: >= 20 acres · maximum RV units per camp area: 1 unit

  “The site shall be at least twenty (20) acres, and shall have access to a public roadway. [...] Only one recreational vehicle unit, including travel trailers, shall be permitted to occupy any one camp area. [...] No campground or group camp shall be established or expanded, in the Town until a Special Use Permit therefore has been approved by the Planning Board.”

• Manufactured homesLimited

  Manufactured homes inside Wilmington town.

  • A manufactured home must be installed on a permanent foundation with wheel and tongue removed.
  • Approved skirting or framing is required and must be installed within 30 days of installation.
  • Minimum land area for mobile homes is three acres under the additional manufactured-home density rule.

  minimum land area for mobile homes: >= 3 acres · skirting installation deadline: <= 30 days (after installation of the mobile home)

  “Manufactured Homes. The minimum land area required for all mobile homes shall be 3 acres. [...] All manufactured homes within the Town of Wilmington shall be installed on a permanent foundation with the wheel and tongue removed.”

• Off-grid sanitationLimited

  Individual septic systems serving development inside Wilmington town.

  • Any individual septic system must meet New York State Health Department requirements.

  “This code regulates density of development separately from lot size. Whenever a parcel of land is subdivided, the proposed subdivision shall comply with both maximum density and minimum lot size requirements of the land use district. [...] Any individual septic system must meet New York State Health Department requirements.”

• Driveway accessLimited

  Entrances and exits serving a Town campground or group camp.

  • Location and number of access points require Planning Board approval under the permit terms.
  • Access must be from an existing public roadway.

  “Location and number of points of entry and exit shall be approved by the Planning Board according to the terms under which the Permit is authorized. Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the campgrounds, and to minimize conflicts with the movement of traffic on the public roadway.”

• Short-term rentalsLimited

  Short-term rental of a dwelling unit anywhere in Wilmington town.

  • The rule applies to all Town properties.
  • A valid revocable permit is required before use.
  • Permits are limited to 150 active permits, subject to a Town Board special-circumstances exemption after public hearing.
  • The 2024 amendment changed permit duration to one year, with former two-year permits remaining valid until expiration.

  active STR permit cap: <= 150 permits (Town Board may grant an exemption upon special circumstances and public hearing) · permit duration: 1 year (former permits remain valid through their two-year term)

  “This section shall apply to all properties In the Town of Wilmington. [...] No property may be used as a short-term rental without applying for and obtaining a short-term rental permit first. [...] There shall be a limit of 150 short term rental permits issued and in effect at any given time by the Town of Wilmington.”

• Permit processPublished (with conditions)

  Town land-use permits for development or demolition inside Wilmington town.

  • Permitted use requires Code Enforcement Officer approval and Certificate of Completion.
  • Site-plan uses require Planning Board approval and Certificate of Completion.
  • Special-use/site-plan uses require Planning Board approval and Certificate of Completion.

  “All demolition activities and all uses designated with a “P” in the Use Table are permitted uses and require approval and a Certificate of Completion from the Code Enforcement Officer. [...] All uses designated “S/U” in the Use Table are subject to Special Permit Review and Site Plan Review and may be permitted with the approval of the Planning Board and a Certificate of Completion from the Code Enforcement Officer.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside Wilmington town.
• Building code adopted — Building-code adoption for land inside Wilmington town.
• Certificate of occupancy — Certificate of occupancy for construction inside Wilmington town.
• Minimum dwelling size — Dwellings inside Wilmington town.
• Tiny homes — Tiny-home occupancy inside Wilmington 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.