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

Town of Mohawk’s own rules

• Building permitRequired

  Buildings and building excavations inside Mohawk town regulated by the Town Zoning Law.

  • Accessory farm buildings are excepted.
  • A Board of Appeals approval applies where the law so provides.
  • A sketch or plot plan and information necessary for enforcement must be filed before issuance.

  “No building except accessory farm buildings shall hereafter be erected, relocated or altered as to outside dimensions or so as to permit a change in its use and no excavation for any building shall be begun unless and until a permit thereof has been issued by the Enforcement Officer or by the Board of Appeals wherever it is provided in this law that the approval of the Board of Appeals is required.”

• InspectionsRequired

  A building or lot inside Mohawk town for which a certificate of occupancy is sought.

  • The inspection precedes issuance of the certificate of occupancy.
  • The inspection must be made within 10 days of application, excluding Saturdays, Sundays, and legal holidays.

  inspection timing: <= 10 days (Saturdays, Sundays, and legal holidays excepted)

  “inspection [...] before issuing such certificate.”

• Certificate of occupancyRequired

  Use or occupancy of land and buildings erected, altered, extended, or changed in use inside Mohawk town.

  • A temporary certificate for part of a building may be issued for no more than 30 days under Board of Appeals rules.
  • For previously existing construction, the Enforcement Officer may issue a certificate on request if the use meets the law.
  • The proposed use must conform to the law and the permit plot plan, purpose, and description.

  temporary certificate duration: <= 30 days (Part of a building and under Board of Appeals rules)

  “No land shall be used or occupied and no building hereafter erected, altered or extended, shall be used or changed in use until-a certificate of occupancy shall have been issued by the Enforcement Officer.”

• Local zoningPresent (with conditions)

  Land in the Town of Mohawk, Montgomery County, New York; incorporated villages within the town may have separate rules.

  • The law is effective upon filing with the Secretary of State; the source does not state that filing date.

  “SECTION 1 - This ordinance shall be known and may be cited as “Town of Mohawk Zoning Law”.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Mohawk town.

  • District boundaries are shown on the Zoning Map adopted by the Town Board and certified by the Town Clerk.

  published districts: A Agricultural; B-2 Retail Business; R-1 Residential; M-1 Manufacturing; M-2 Manufacturing; R-2 Residential; B-1 Business Offices; N-P Natural Products; R-M Mobile Home Residential; B-3 Neighborhood Business

  “For the purpose of this law, the Town of Mohawk is divided into the following types or classes of districts:”

• Living in an RVTemporary only (with conditions)

  Travel trailers and motor homes used for residency inside Mohawk town.

  • Travel trailers are not permanent dwelling units.
  • Residency is allowed only in a Trailer Camp and only up to 180 days per calendar year.
  • A temporary certificate for occupancy outside a mobile-home court or Trailer Camp for more than 30 days requires inspection, a Code Enforcement Officer report, and a public hearing.

  trailer-camp residency: <= 180 days per calendar year (Travel trailers in a Trailer Camp)

  “TRAILER CAMP: An area occupied or designed for occupancy by two or more travel trailers or motor homes. Travel trailers are not to be considered a permanent dwelling unit and may only be used for residency in a Trailer Camp for up to 180 days during a calendar year.”

• Driveway accessRequired

  Lots used for building purposes inside Mohawk town.

  • The lot must have direct frontage on an improved street or highway, or on a street in a Planning Board-approved subdivision plot.

  “In any district, a lot to be used for building purposes shall have direct frontage on an improved street, or highway, or on a street in a subdivision plot approved by the Planning Board.”

• Permit feesVariable (with conditions)

  Building permits issued under the Mohawk town Zoning Law.

  • The Town Board determines the fee from time to time; no dollar amount is stated in the cited provision.

  “The fee for any such permit shall be as-determined by the Town Board from time to time.”

• Permit processPartial

  Building permits under the Mohawk town Zoning Law.

  • Before issuance, the applicant must file the stated sketch or plot plan and other information needed for enforcement.

  “No such permit shall be issued until there has been filed with the Enforcement Officer a sketch or plot plan showing the actual dimensions and anglers of the lot to be built upon, the exact size and location of the building or accessory buildings to be erected, relocated or altered and such other information as may be necessary to determine and provide for the enforcement of”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Mohawk town.
• Building code adopted — Building-code adoption for construction inside Mohawk town.
• Camping on your land — Temporary camping on private land inside Mohawk town.
• Tiny homes — Tiny homes used as residences inside Mohawk town.
• Accessory dwellings — Accessory dwelling units inside Mohawk 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.