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

Town of Russia’s own rules

• Building permitRequired

  On-site construction work in the Town of Russia.

  • Formal zoning approval from the proper Town or Village authority is obtained before the application is submitted to the Uniform Code Enforcement Officer.

  “On-site work may not start prior to issuance of a Building Permit.”

• Owner-builder exemptionConditional

  Owner-occupied one- and two-family dwellings in the Town of Russia.

  • The published exception is limited to submitting plans and specifications with a building-permit application; it does not waive the permit or certificate-of-occupancy requirements.

  “Except in the cases of owner-occupied one and two-family dwellings, plans and specifications for the construction or alteration of buildings and structures must be submitted with the Application for Building Permit.”

• Certificate of occupancyRequired

  Buildings in the Town of Russia.

  • The building may not be occupied or used in whole or part until the certificate is issued.

  “No building may be occupied or used, in whole or in part, for any purpose at all, until a Certificate of Occupancy has been issued.”

• Local zoningPresent (with conditions)

  Land in the unincorporated area of the Town of Russia, Herkimer County, New York; incorporated villages are outside the ordinance's defined unincorporated area.

  • The law includes the official zoning map.
  • The ordinance defines the unincorporated area as the portion outside incorporated-village limits.

  “The title of this law is the "Town of Russia Land Use Regulation," and shall include this text and the official zoning map.”

• Zoning districtsPublished (with conditions)

  Land-use districts in the unincorporated Town of Russia.

  • District boundaries are shown on the Town of Russia Land Use Districts Map, which is part of the law.
  • Lots in two or more districts are governed by the regulations of the district in which each portion lies.

  “For the purpose of this law, the Town of Russia is hereby divided into the following land use districts: COM Commercial CR Corridor Residential H Hamlet LDR Low Density Residential MU1 Mixed Use Low Density, Scenic Corridor 1 MU2 Mixed Use Low Density, Scenic Corridor 2 MDR Medium Density Residential RC Resource Conservation RDR Rural Density Residential RU Adult Entertainment SCO Scenic Corridor Overlay District SHO Shoreline Overlay District WPO Wellhead Protection Overlay District”

• Living in an RVLimited

  Recreational vehicles on property in the unincorporated Town of Russia.

  • One RV may be stored unoccupied at the owner's primary residence.
  • Occupied RVs are allowed in a legally established RV park.
  • One RV may be occupied for up to 30 days per calendar year on an eligible property not the owner's primary residence.
  • One RV may be occupied for up to one year while the owner constructs a principal residence under a valid building permit.
  • Utility connections are prohibited except for a temporary 30-day period.

  non-primary-residence occupancy limit: <= 30 days per calendar year (Only in land-use districts specified in Schedule A.) · construction occupancy limit: <= 1 year (RV owner must own the lot and be constructing a principal residence under a valid building permit.)

  “A single recreational vehicle is permitted to be parked or occupied on any property within the land use districts specified in Schedule A herein for a maximum of thirty (30) days per calendar year, when the property is not the primary residence of the owner of recreational vehicle.”

• Manufactured homesAllowed (with conditions)

  Individually sited mobile homes in districts where Schedule A permits them in the unincorporated Town of Russia.

  • A land-use and development permit is required for mobile-home placement or replacement.
  • The home must meet HUD manufactured-mobile-home construction and safety standards or stricter standards.
  • The permit applicant must supply evidence of compliance.
  • Use is limited to a single-family or seasonal residence and cannot be a storage building.

  “No mobile home may be used for any purpose other than for a single family residence or seasonal residence. A mobile home may not be used as a storage building.”

• Agricultural exemptionAvailable (with conditions)

  Agricultural uses under the Town of Russia Land Use Regulation Law.

  • The exemption is from the law's Land Use and Development Permit, not from other applicable state, county, or Town requirements.

  “The following activities are not regulated by this law and do not require a Land Use and Development Permit. [...] (4) Agricultural uses.”

• Subdividing landRegulated (with conditions)

  Subdivision plats in the Town of Russia, Herkimer County, New York.

  • The form requests Planning Board approval.
  • The subdivision filing fee is payable to the Town Clerk or Planning Administrator.

  subdivision filing fee: 50 USD per parcel

  “Subdivision filing fee: ($ 50.00 per parcel) paid to the Town Clerk or the Planning Administrator.”

• Permit feesPublished (with conditions)

  Town of Russia building permits for dwellings.

  • The posted schedule classifies dwellings by floor area.
  • Floor area uses outside dimensions and all habitable stories; listed exclusions apply.

  dwelling permit fee up to 1000 square feet: 35 USD · dwelling permit fee 1001 to 2000 square feet: 70 USD

  “Up to 1,000 square feet of floor area.................................................... 35.00 1,001 to 2,000 square feet of floor area................................................ 70.00”

• Permit processPublished (with conditions)

  Building-permit applicants in the Town of Russia.

  • The applicant must first obtain formal zoning approval from the proper Town or Village authority.
  • Applications are submitted to a Uniform Code Enforcement Officer.
  • Applications must be complete, legible, in triplicate, and typed or written in ink.

  “Applications for Building Permits in the Town of Russia are submitted to a Uniform Code Enforcement Officer, after obtaining formal zoning approval from the proper Town of Village authority.”

Rules another office applies inside Town of Russia

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

• Minimum lot sizeDistrict specific (with conditions)

  Any use in the Hamlet (H) district of the unincorporated Town of Russia.

  • The Land Use Regulation Law's Schedule B controls minimum lot size and dimensions.

  minimum lot size: >= 1 acre

  “Zone H CR COM MU1 MU2 RU MDR LDR RDR RC Minimum lot size for any use 1 acre 2 acres 1 acre 5 acres 1.3 acres 5 acres 3.2 acres 5 acres 8 acres 20 acres”

  One more reviewed finding on this topic

  • District specific (with conditions) — Any use in the Rural Density Residential (RDR) district of the unincorporated Town of Russia.

    “Zone H CR COM MU1 MU2 RU MDR LDR RDR RC Minimum lot size for any use 1 acre 2 acres 1 acre 5 acres 1.3 acres 5 acres 3.2 acres 5 acres 8 acres 20 acres”

• SetbacksDistrict specific (with conditions)

  Structures in the Hamlet (H) district of the unincorporated Town of Russia.

  • Measurements are from the road right-of-way or lot line, whichever is greater, to the closest protruding part of the use or structure.

  minimum front setback: >= 30 feet · minimum side setback: >= 30 feet · minimum rear setback: >= 30 feet

  “Minimum front setback (ft) 30 50 50 50 50 50 50 50 50 50 Minimum side setback (ft) 30 30 20 50 30 50 30 50 50 50 Minimum rear setback (ft) 30 30 30 30 30 30 30 30 30 50”

  One more reviewed finding on this topic

  • District specific (with conditions) — Structures in the Rural Density Residential (RDR) district of the unincorporated Town of Russia.

    “Minimum front setback (ft) 30 50 50 50 50 50 50 50 50 50 Minimum side setback (ft) 30 30 20 50 30 50 30 50 50 50 Minimum rear setback (ft) 30 30 30 30 30 30 30 30 30 50”

• Building heightDistrict specific (with conditions)

  Structures in the Hamlet (H) district of the unincorporated Town of Russia.

  • Churches, chimneys, flagpoles, farm structures, and electrical transmission poles and lines are excepted; telecommunications towers and wind-power facilities are governed by separate sections.

  maximum height: <= 35 feet (Subject to stated exceptions.) · maximum stories: <= 2.5 stories (Subject to stated exceptions.)

  “The maximum height of structures in all land use districts shall be 35 feet, excepting the following: (1) Churches, chimneys, flagpoles, farm structures, and electrical transmission poles and lines, (2) The maximum height of telecommunication towers is governed by the provisions of Section 675, (3) Maximum height of wind power facilities are governed by Section 680 herein.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Structures in the Rural Density Residential (RDR) district of the unincorporated Town of Russia.

    “The maximum height of structures in all land use districts shall be 35 feet, excepting the following: (1) Churches, chimneys, flagpoles, farm structures, and electrical transmission poles and lines, (2) The maximum height of telecommunication towers is governed by the provisions of Section 675, (3) Maximum height of wind power facilities are governed by Section 680 herein.”

Still unanswered

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

• Minimum dwelling size — Residential dwellings inside Russia town.
• Lot coverage — Lots inside Russia town.
• Camping on your land — Temporary camping on private land outside a regulated campground inside Russia town.
• Tiny homes — Tiny homes inside Russia town.
• Accessory dwellings — Accessory dwelling units inside Russia 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.