Bolthole Index

Madison County, New York

Building permits, zoning and land rules in Fenner, New York

The Town of Fenner in Madison County requires building permits for work that must comply with New York's Uniform Code, subject to limited exceptions.1 Fenner also has town zoning, with land-use and dimensional rules that vary by district.2 Start building, zoning and septic applications with the Town Code Enforcement Officer; Madison County Public Health also handles onsite-wastewater guidance, testing observations and alternative-system review.34

At a glance

Building permit
Required for work that must comply with the Uniform Code; limited exceptions apply1
Zoning
Town zoning applies, with Districts A, B and C25
Septic
Use the Town application process; County Public Health assists with tests and alternative designs64
RV living
Not confirmed; ask Town Code Enforcement before relying on an RV as housing2
Mobile dwelling
Allowed on individual lots in Districts B and C, subject to dimensional and code requirements7
District A house lot
One acre with 200-foot frontage and depth, subject to the community-service exception8
Final approval
A certificate of occupancy or compliance is required for permitted work9

Who to call

Building permits

Town of Fenner Code Enforcement Office

First review of building, zoning, planning, subdivision and septic applications inside the Town of Fenner

315-655-2705

[email protected]

Septic permits

Madison County Public Health — Water & Septic (Individual Systems)

Individual water and septic guidance, observation of percolation and deep-hole tests, and review of alternative onsite wastewater designs in Madison County

315-366-2361

[email protected]

138 N Court Street - Building 5, Wampsville, NY 13163

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Off-grid gear

Going off-grid in Town of Fenner means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in Fenner, New York?

Yes. Inside the Town of Fenner, a building permit is required for work that must comply with the New York State Uniform Code, although limited exceptions are permitted.1 The state Uniform Code supplies minimum construction standards, while Fenner administers the local application process.10

Permitted construction is subject to inspections, and the permit holder must leave required work accessible and exposed until the municipality inspects and accepts it.11 A certificate of occupancy or compliance is required after work for which a building permit was required and when a building changes its general occupancy classification.9 The town application page also requires building-permit applications to include liability-insurance and workers' compensation documentation.3

Who issues building permits in Fenner, and how do you apply?

The Town of Fenner Code Enforcement Officer is the first contact for a building permit and for zoning, planning, subdivision or septic applications.12 The officer helps identify the proper application and whether a board referral is needed; only after that review does the Town Clerk accept the fee, arrange required notices and forward county referrals.3

Planning Board and Zoning Board of Appeals applications require public hearings and notice, so projects needing a variance or special permit take additional time.3 Fenner publishes a current fee schedule, but the reviewed rule does not provide the individual amounts; ask the Town office for the fee that applies to the proposed work.13 The Town states that application fees are not refundable.14

Does Fenner have zoning, and what are the lot and setback rules?

Fenner has its own land-use zoning law and uses Districts A, B and C.25 For a single-family home in District A, the schedule calls for a one-acre lot with 200 feet of frontage and 200 feet of depth.8 The ordinary District A house setbacks are 50 feet in front, 40 feet at the side and 50 feet at the rear, with road-centerline alternatives and a community-water-and-sewer exception described in the law.15

A District A single-family structure has a maximum height of 35 feet.16 Farm uses follow a five-acre minimum-lot standard across the district schedule, while accessory farm buildings such as barns and silos are exempt from the height limit.17 District-specific rules matter, so have Code Enforcement identify the parcel's district before relying on any dimension.12

How do septic permits work inside Fenner?

Fenner provides a septic-system application for repair, replacement and new construction, and the Town Code Enforcement Officer reviews the application.18 Percolation testing must be performed in consultation with the Code Enforcement Officer between June 1 and October 1 by a person certified and registered by New York State or authorized by the Town Board; deep test holes may be required during unrepresentative dry periods.18 No part of a permitted septic system may be covered until the proper official has inspected and approved it.19

Madison County Public Health provides septic-placement guidance, observes percolation and deep-hole tests, and reviews alternative onsite wastewater designs and construction.4 Only 11.9% of Madison County soils are rated without severe limitations for a conventional septic drain field, so make the soil evaluation an early contingency.20

Can you live in an RV, tiny home or mobile dwelling in Fenner?

We could not confirm a Fenner rule that generally allows living in an RV or temporary camping on private land, so ask Town Code Enforcement about the parcel, zoning district and proposed duration before treating an RV as housing. Fenner's verified seasonal-camp provision is narrow: day camps, guest or vacation homes for pay, private clubs and seasonal camps require a Planning Board special permit in District C.21

A separate tiny-home occupancy rule or minimum dwelling size was not confirmed. A tiny home still has to fit the parcel's permitted use, dimensional rules, building-code process and sewage plan.21 Mobile dwellings are expressly allowed on individual lots in Districts B and C, with a one-acre minimum lot, 200-foot frontage and depth, and a 35-foot maximum height.7

Building a home in Fenner: what are the steps?

  1. Ask the Town Code Enforcement Officer to confirm the zoning district, allowed dwelling type, lot dimensions, setbacks and any Planning Board or Zoning Board referral.125
  2. Resolve the septic layout early with the Town and Madison County Public Health, including the required soil testing and any alternative-system review.184
  3. Submit the building-permit application and required insurance documents to Code Enforcement before paying the Town Clerk.3
  4. Obtain the building permit before beginning work that must comply with the Uniform Code.1
  5. Keep work exposed and arrange required construction and septic inspections.1119
  6. Obtain the required certificate of occupancy or compliance before occupying the completed permitted work.9

What should you check before buying land in Fenner?

Confirm the zoning district and road designation first, because Fenner's uses, lot standards and setbacks depend on the district and the front-yard rule can depend on the road right-of-way.515 Verify soil-test timing and septic feasibility before fixing a house site.18

Identify who owns the road before designing access. Fenner requires new driveways to be approved by the appropriate jurisdiction; a driveway onto a Madison County highway needs a county driveway permit, while a residence on a state highway needs a NYSDOT permit to build or modify its driveway.222324 Private-well requirements and the Town's complete floodplain-development process were not confirmed, so ask Code Enforcement and Madison County Public Health about both before closing.1225

Watch-outs

  • Do not treat Madison County's zoning summary as the parcel rule: Fenner has its own zoning law and district schedule.25
  • Do not cover a permitted septic system before inspection and approval by the proper official.19
  • Farm-operation protections in a New York agricultural district are conditional and are not a blanket exemption from Fenner's building or zoning process.26

Sources

  1. NYS Uniform Fire Prevention and Building Code: What Elected Officials Need to Know (Town of Fenner), quoted and re-checked
  2. Zoning & Local Laws – Town of Fenner (Town of Fenner), quoted and re-checked
  3. Applications and Permits – Town of Fenner (Town of Fenner), quoted and re-checked
  4. Water & Septic - Individual Systems (Town of Fenner), quoted and re-checked
  5. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  6. Application for Septic Systems – Town of Fenner (Town of Fenner), quoted and re-checked
  7. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  8. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  9. NYS Uniform Fire Prevention and Building Code: What Elected Officials Need to Know (Town of Fenner), quoted and re-checked
  10. Uniform Fire Prevention and Building Code (Town of Fenner), quoted and re-checked
  11. NYS Uniform Fire Prevention and Building Code: What Elected Officials Need to Know (Town of Fenner), quoted and re-checked
  12. Town of Fenner Code Enforcement Office (townoffenner.com)
  13. Zoning & Local Laws – Town of Fenner (Town of Fenner), quoted and re-checked
  14. Applications and Permits – Town of Fenner (Town of Fenner), quoted and re-checked
  15. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  16. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  17. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  18. Application for Septic Systems (Town of Fenner), quoted and re-checked
  19. Application for Septic Systems – Town of Fenner (Town of Fenner), quoted and re-checked
  20. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  21. Local Law No. 2000-1 of the Town of Fenner (Town of Fenner), quoted and re-checked
  22. Town of Fenner Planning Board Minutes: 2/21/2024 (Town of Fenner), quoted and re-checked
  23. Frequently Asked Questions - Highway Department, quoted and re-checked
  24. Residential Driveway Permits (New York statewide rule), quoted and re-checked
  25. Madison County Public Health — Water & Septic (Individual Systems) (madisoncounty.ny.gov)
  26. New York Agriculture & Markets Law § 305-a — Coordination of local planning and land use decision-making with the agricultural districts program (New York statewide rule), quoted and re-checked

Written October 9, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Answers from the rulebook for Town of Fenner

Town of Fenner’s own rules

  • Local zoningPresent (with conditions)

    Land inside the Town of Fenner.

    • The town website identifies a Land Use (Zoning) Regulation Local Law No. 1997-1 and subsequent amendments.
    “Land Use (Zoning) Regulation Local Law No. 1997-1”
    One more reviewed finding on this topic
  • Zoning districtsPublished

    Fenner zoning districts and land-use schedule.

    • District B consists of lands not in District A or District C.
    • District C consists of specified tax-map parcels.
    • The land-use schedule identifies Districts A, B, and C.
    “District B shall consist of all lands within the Town of Fenner which are not contained in District A or in District C.”
  • Minimum lot sizeSpecified

    Single-family units in Fenner District A.

    • Where community water supply and sewer are used, one-half lot area and smaller bordering yards are permitted: 100 feet front by 150 feet depth, with 30-foot front, 20-foot side, and 50-foot rear yards.

    minimum lot area: 1 acre (single-family unit) · minimum frontage: 200 ft (single-family unit) · minimum depth: 200 ft (single-family unit)

    “Single-family unit 1 acre** 200 200 50 40 50 35 a, b”
    2 more reviewed findings on this topic
    • Specified — Single-family units in Fenner town District A.
      ““DISTRICT “A” Single-family unit 1 acre** 200 200 50 40 50 35 a, b”
    • Specified — Farm uses in Fenner District A; District B adopts the District A schedule, and District C adopts District B.
      “Farm 5 acres 200 200 50 40 50 None c, g DISTRICT “B” All “A” as above”
  • SetbacksSpecified

    Single-family units in Fenner District A.

    • Front, side, and rear yards are 50, 40, and 50 feet respectively.
    • The front-yard measurement is from the road right-of-way; alternatives are 75 feet from the centerline of a three-rod road or 83 feet from the centerline of a four-rod road where the stated conditions apply.
    • Community water and sewer permit reduced yards under note b.

    front yard: 50 ft · side yard: 40 ft · rear yard: 50 ft

    “Single-family unit 1 acre** 200 200 50 40 50 35 a, b”
    2 more reviewed findings on this topic
  • Building heightSpecified

    Single-family units in Fenner District A.

    • Maximum structure height is 35 feet.
    • Accessory farm buildings such as silos and barns are exempt from height limits.

    maximum structure height: 35 ft

    “Single-family unit 1 acre** 200 200 50 40 50 35 a, b”
    One more reviewed finding on this topic
  • Camping on your landLimited

    Day camps and seasonal camps in Fenner District C.

    • A special permit is required from the Planning Board.
    • The cited District C provision also lists guest or vacation homes for pay, private clubs, and seasonal camps as special-permit uses.
    “Section 303.3 - USES REQUIRING A SPECIAL PERMIT [...] D. Day camps, guest or vacations homes for pay, private clubs and seasonal camps”
  • Manufactured homesAllowed (with conditions)

    Mobile dwellings on individual lots in Fenner Districts B and C.

    • District B permits a mobile dwelling on a 1-acre lot with 200-foot frontage and depth, 50-foot front yard, 40-foot side yards, 50-foot rear yard, and 35-foot maximum height.
    • District C adopts District B standards.
    • Building permits and certificates of occupancy/compliance remain required for work subject to the Uniform Code.

    minimum lot area: 1 acre · minimum frontage: 200 ft · minimum depth: 200 ft · maximum height: 35 ft

    “DISTRICT “B” [...] Mobile dwelling 1 acre 200 200 50 40 50 35 b [...] DISTRICT “C” All “B”, as above”
  • Accessory dwellingsAllowed (with conditions)

    Supplementary housing for relatives or hired farm hands in Fenner.

    • Planning Board special permit required.
    • No more than two units are allowed.
    • Each unit must have an adequate sewage disposal system.
    • Separate lots are not required.

    maximum supplementary housing units: <= 2 units (for relatives or hired hands employed by the farm)

    “Upon the issuance of a special permit by the Planning Board, not more than two units of supplementary housing for relatives or hired hands employed by the farm; each unit must be provided with an adequate sewage disposal system, does not require separate lots.”
  • Who permits septicLocal (with conditions)

    Septic-system permitting and review inside Fenner town.

    • The Town of Fenner septic application identifies Code Enforcement Officer review and town approval fields.
    • Percolation testing must be performed by a person certified and registered by New York State or authorized by the Town Board.
    “APPLICATION FOR SEPTIC SYSTEMS TOWN OF FENNER Code Enforcement Officer review __________________”
    2 more reviewed findings on this topic
    • Local (with conditions) — Septic-system applications inside Fenner town.
      “Code Enforcement Officer review __________________ Date Accpt’d by Town Clerk ___________”
    • County — Individual water and septic systems serving land inside Fenner; Madison County Public Health is the administering county health authority.
      “Review and approve alternative onsite waste water disposal system designs and construction to minimize potential health hazards and the contamination of surface and groundwater.”
  • Septic permitRequired

    Repair, replacement, or construction of a septic system inside Fenner town.

    • The official town form provides applications for repair, replacement, and construction of a new system.
    • Percolation testing between June 1 and October 1 must be done in consultation with the Code Enforcement Officer.
    • During unrepresentative dry periods, deep test holes may be required.
    • The test must be made by a person certified and registered by New York State or authorized by the Town Board.
    • No part of a septic system for which a permit has been issued may be covered until inspected and approved.
    • There are no refunds of an application fee.
    “APPLICATION FOR (CHECK) _____A. REPAIR OF EXISTING SYSTEM _____B. REPLACEMENT OF EXISTING SYSTEM _____C. CONSTRUCTION OF NEW SYSTEM”
    One more reviewed finding on this topic
    • Limited — Septic-system work inside the Town of Fenner, including repair of an existing system, replacement of an existing system, and construction of a new system.
      “APPLICATION FOR SEPTIC SYSTEMS TOWN OF FENNER [...] APPLICATION FOR (CHECK) _____A. REPAIR OF EXISTING SYSTEM _____B. REPLACEMENT OF EXISTING SYSTEM _____C. CONSTRUCTION OF NEW SYSTEM”
  • Septic inspectionRequired

    A septic system inside Fenner town for which a permit has been issued.

    • No part of the permitted septic system may be covered until inspected and approved by the proper official.
    “NO PART OR SEPTIC SYSTEM FOR WHICH A PERMIT HAS BEEN ISSUED MAY BE COVERED UNTIL INSPECTED AND APPROVED BY THE PROPER OFFICIAL.”
    One more reviewed finding on this topic
    • Required — Permitted septic systems inside Fenner town.
      “NO PART OR SEPTIC SYSTEM FOR WHICH A PERMIT HAS BEEN ISSUED MAY BE COVERED UNTIL INSPECTED AND APPROVED BY THE PROPER OFFICIAL.”
  • Subdividing landRegulated (with conditions)

    Subdivision inside Fenner town.

    • The town website lists Subdivision Regulations as referenced in Land Use Regulations Section 506.
    • Subdivision applications are listed on the town applications page.
    • Major subdivisions may involve SEQR and Planning Board review.
    “Subdivision Regulations (referenced in the Land Use Regulations Section 506)”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision proposals inside Fenner town.
      “Subdivision Regulations (referenced in the Land Use Regulations Section 506)”
  • Driveway accessRequired

    New driveways inside Fenner town.

    • New driveways must be approved by the appropriate jurisdiction.
    • The cited minutes note that the highway superintendent had not been requested to advise on driveway designs as of February 21, 2024.
    “New driveways to be approved by appropriate jurisdictions”
  • Short-term rentalsLimited

    Guest or vacation homes for pay in Fenner District C.

    • A special permit is required from the Planning Board because the use appears in the District C special-permit list.
    “Section 303.3 - USES REQUIRING A SPECIAL PERMIT [...] D. Day camps, guest or vacations homes for pay, private clubs and seasonal camps”
  • Permit feesPublished (with conditions)

    Planning, zoning, and permit applications inside Fenner town.

    • The town page states there are no refunds of application fees.
    • The page links a 2024 Zoning and Planning Fees document.
    • The town warns that an older fee schedule is superseded by Local Law 1997-1.
    “The current Fee schedule is linked below.”
    One more reviewed finding on this topic
    • Published — Town of Fenner application and permit fees.
      “Please note that the fee schedule listed in this document is superseded by Local Law 1997-1. The current Fee schedule is linked below.”
  • Permit processPublished (with conditions)

    Building, zoning, planning, subdivision, and septic applications inside Fenner town.

    • Planning Board and Zoning Board of Appeals applications require public hearings and notice.
    • Building permit applications must include a Certificate of Liability Insurance and Workman's Compensation Insurance.
    • The process starts with the Code Enforcement Officer.
    • The officer reviews the application, determines referrals, and only then does the Town Clerk accept the fee and handle notices and county referrals.
    “The application process always​ starts with the code enforcement officer, Jeff .”

Rules another office applies inside Town of Fenner

Town of Fenner 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 inside Fenner that must comply with the Uniform Code, including manufactured-home installation, alteration, and repair.

    • Certain exemptions may apply under 19 NYCRR Part 1203 and the applicable local code-enforcement program.
    • A permit exemption does not authorize work violating the Uniform Code or other applicable law.
    “Pursuant to 19 NYCRR Part 1203 a building permit “shall be required for [all] work which shall comply with the Uniform Code,” including the installation, alteration, and repair (as specified by Appendix J of the 2020 Residential Code of New York State) of a manufactured home.”
    One more reviewed finding on this topic
  • Building code adoptedAdopted (with conditions)

    New York State Uniform Fire Prevention and Building Code applies inside the Town of Fenner, except for New York City.

    • The Uniform Code establishes minimum building-construction standards.
    • Local governments must administer and enforce the Uniform Code within their municipal boundaries.
    • Fenner may impose more restrictive local construction standards only through the statutory approval process.
    • The cited source states the Uniform Code took effect January 1, 1984.

    effective date: 1984-01-01 (New York City is excepted)

    “The Uniform Code, which took effect on January 1, 1984, prescribes the minimum standards for building construction in New York. It is applicable in every part of the State with the exception of New York City, which is currently permitted to retain its own code.”
    One more reviewed finding on this topic
    • Adopted (with conditions) — Building work inside Fenner subject to the New York State Uniform Code.
      “The rule adopted by the Code Council on July 25, 2025 repealed the 2020 edition of the Uniform Code and adopted an amended and updated edition of the Uniform Code.”
  • InspectionsRequired

    Uniform-Code construction inside Fenner town.

    • Inspections of specified construction elements are required.
    • Permit holders must keep work accessible and exposed until inspected and accepted by the municipality.
    • The minimum standards do not require regular periodic inspections of owner-occupied one- and two-family dwellings or agricultural buildings used directly and solely for agricultural purposes, subject to the stated public-safety exceptions.
    “Inspections of certain specified elements of the construction process must be required. Building permits holders must keep work accessible and exposed until inspected and accepted by the municipality.”
  • Certificate of occupancyRequired

    Work inside Fenner town for which a building permit is required, and changes in general occupancy classification.

    • A certificate of occupancy or certificate of compliance is required for all work for which a building permit was required.
    • It is also required whenever the general occupancy classification of a building is changed.
    “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.”

Still unanswered

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

  • Owner-builder exemption — Owner-builder exemption inside Fenner town.
  • Minimum dwelling size — Minimum dwelling size inside Fenner town.
  • Lot coverage — Lot coverage inside Fenner town.
  • Living in an RV — RV occupancy inside Fenner town.
  • Tiny homes — Tiny-home occupancy inside Fenner town.
5 more unanswered
  • Off-grid sanitation
  • Well permit
  • Mandatory utility hookup
  • Agricultural exemption
  • Building in a floodplain

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.

Unanswered questions are usually a sign that Town of Fenner publishes no rule on the point, not that none exists. Madison County’s page lists the county offices to call.

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