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

Town of Montgomery’s own rules

• Building permitRequired

  Work covered by a Town of Montgomery building-permit application.

  • Work may not commence before Building Department approval and permit issuance.

  “The scope of work covered by this application and accompanying documents shall not commence prior to approval and issuance of a permit by the Building Department.”

• Certificate of occupancyRequired

  Any building or structure for which Montgomery town has issued a permit.

  • The building or structure may not be used or occupied for any purpose until the Building Department issues a certificate of occupancy/compliance.

  “NO BUILDING OR STRUCTURE FOR WHICH A PERMIT HAS BEEN ISSUED SHALL BE USED OR OCCUPIED FOR ANY PURPOSE UNTIL A CERTIFICATE OF OCCUPANCY/COMPLIANCE HAS BEEN ISSUED BY THE BUILDING DEPARTMENT.”

• Local zoningPresent

  Land inside the Town of Montgomery, excluding separately governed villages.

  “For the purposes of this chapter, the Town of Montgomery is hereby divided into the following classes of districts:”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Montgomery town.

  • FP Floodplain and A Airport Districts may overlap other districts.

  “For the purposes of this chapter, the Town of Montgomery is hereby divided into the following classes of districts:”

• Minimum dwelling sizeSpecified

  Dwellings erected or converted to accommodate additional families inside Montgomery town.

  • Finished floors must have clear ceiling height of at least seven feet six inches.
  • The first-floor enclosed area of a dwelling must be at least 750 square feet, excluding garage or other accessory building.

  single- and two-family detached dwelling minimum floor area: >= 900 square feet per family · minimum first-floor enclosed area: >= 750 square feet (Exclusive of garage or other accessory building.)

  “The minimum first floor enclosed area of a dwelling, exclusive of garage or other accessory building, shall be 750 square feet”

• Living in an RVTemporary only (with conditions)

  Occupancy in a permitted campground inside Montgomery town.

  • Occupancy in a permitted temporary, movable, or portable shelter may not exceed 120 days in any 12-month period.

  maximum occupancy: <= 120 days in any twelve-month period (Applies to occupancy in a permitted campground.)

  “Occupancy by any individual or group of individuals in any form of permitted temporary, movable or portable shelter shall be for a period of not longer than 120 days in any twelve-month period.”

• Camping on your landLimited

  Camping in a permitted campground inside Montgomery town.

  • Occupancy is limited to 120 days in any 12-month period.
  • Each camping space must be at least 3,000 square feet and no more than 10 campsites per acre may be averaged.

  maximum occupancy: <= 120 days in any twelve-month period (Permitted campground occupancy.)

  “Each camping space shall be at least 3,000 square feet in area with a minimum average width of 30 feet. There shall be an average of no more than 10 campsites per acre for any campground.”

• Manufactured homesLimited

  Manufactured homes used for residential purposes inside Montgomery town.

  • Manufactured housing is permitted in the R-MHC District.
  • It may also be used as farm-worker dwellings on the same or adjacent lot as an active agricultural operation, under the cited zoning sections and New York Agriculture and Markets Law.

  “House trailers or manufactured homes used for residential purposes, except that manufactured housing may be used in the R-MHC District or in any district only as farm workers' dwellings in accordance with §§ 235-6.2F(2) and/or 235-7.2F(2) as a customary accessory use to an active agricultural operation on the same or an adjacent lot in accordance with the New York State Agriculture and Markets Law.”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling uses in the RM-1, RA-1, and RA-.5 zoning districts inside Montgomery town.

  • The lot must be conforming and meet the underlying district's area and dimensional requirements.
  • Accessory dwelling units are not allowed on clustered lots.
  • All conditions of § 235-6.5B must be met.

  “Permitted in the RM-1, RA-1 and RA-.5 Zoning Districts.”

• Septic permitRequired

  Accessory-dwelling proposals requiring redesign/reconstruction of an existing sanitary system or construction of a second sanitary system inside Montgomery town.

  • The sanitary permit must be obtained from the Town Engineer before the building permit is issued.

  “In the event that such a test determines that an existing sanitary system has to be redesigned and/or reconstructed in order to accommodate the AU or that a second system must be constructed, the sanitary permit to redesign/reconstruct the sanitary system or construct the new system shall be obtained from the office of the Town Engineer prior to the issuance of the building permit.”

• Mandatory utility hookupConditional

  Work submitted on Montgomery town's building-permit application.

  • A sanitary waste-disposal permit from the Town Engineer or approval of public sewer connection availability is required.

  “A Sanitary Waste Disposal Permit from the Town Engineer or availability of public sewer connection must be approved.”

• Subdividing landRegulated (with conditions)

  Subdivisions inside Montgomery town.

  • Subdivisions before the Planning Board with the stated SEQRA findings or preliminary approval are grandfathered under previous subdivision regulations.

  “Subdivisions that are currently before the Town of Montgomery Planning Board and in receipt of either a negative declaration or a findings statement, in the case of a subdivision that was the subject of an environmental impact statement, pursuant to the State Environmental Quality Review Act (SEQRA), and/or subdivisions that are in receipt of preliminary subdivision approval, shall be grandfathered under the previous subdivision regulations.”

• Driveway accessRequired

  New or improved road access associated with a Montgomery town building-permit application.

  • Town roads require a Town of Montgomery Highway Department permit.
  • County roads require Orange County Department of Public Works approval.
  • State roads require New York State Department of Transportation approval.

  “Road access permit from the appropriate authority where work involves new or improved road access: Town of Montgomery Highway Department for Town roads. Orange County Department of Public Works for County roads. New York State Department of Transportation for State roads.”

• Building in a floodplainRequired

  Development or disturbance within floodplains inside Montgomery town.

  • Additional requirements apply under Chapter 116, Flood Damage Prevention.
  • Within FP Floodplain or A Airport Zones, the Building Inspector may require a site survey and must refuse a building permit upon determining danger of flooding or danger to aircraft.

  “the building inspector shall refuse to issue a building permit if he determines there will be a danger of flooding or danger to aircraft.”

• Permit processPublished (with conditions)

  Town building-permit applications.

  • Incomplete applications are not accepted for review.
  • A road-access permit is needed from the appropriate authority where work involves new or improved road access.
  • Sanitary waste-disposal permit or approval of public sewer availability is required.

  “Incomplete applications will not be accepted for review.”

Still unanswered

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

• Owner-builder exemption — Owner-builders inside Montgomery town.
• Building code adopted — Construction inside Montgomery town.
• Inspections — Construction inside Montgomery town.
• Tiny homes — Tiny homes inside Montgomery town.
• Septic inspection — On-site sanitary systems inside Montgomery 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.

Off-grid gear

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

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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