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

Town of Gilboa’s own rules

• Building permitRequired

  Construction, enlargement, improvement, removal, demolition, heating-equipment installation, or solid-fuel-burning-device installation inside the Town of Gilboa.

  • A single-level shed with a grass floor area under 144 square feet does not require a building permit.
  • Starting a project before permit issuance doubles the fee.

  shed exemption area: < 144 square feet (Single-level sheds with a grass floor area under this threshold do not require a building permit.)

  “A BUILDING PERMIT IS REQUIRED BEFORE commencing construction, enlargement, improvement, removal, or demolition of any building or structure or any portion thereof, or installation of heating equipment or solid fuel burning device.”

• InspectionsRequired

  Work performed under a Town of Gilboa building permit.

  • The owner must notify the Building Inspector at least 48 hours before inspections.
  • Failure to make arrangements is a violation and a stop-work order may issue.
  • The published schedule includes footing excavation, foundation work, rough framing, rough mechanical and plumbing, electrical inspection by a third party, fire-resistance penetrations and insulation, solid-fuel appliances, and final inspection.

  inspection notice: >= 48 hours

  “INSPECTIONS-It is the Owners responsibility to make arrangements to notify the Building Inspector at least 48 hrs. notice for inspections.”

• Certificate of occupancyRequired

  Occupancy of structures subject to a Town of Gilboa building permit.

  • Permits must remain current until closed with a Certificate of Occupancy or Certificate of Compliance.

  “Permits must be kept current until closed out with a Certificate of Occupancy, or Certificate of Compliance, it is unlawful to occupy any structure without such Certificate.”

• SetbacksSpecified

  New buildings, structures, or additions on homesites inside the Town of Gilboa.

  • The setback dimensions do not apply to reconstruction of existing structures.

  public highway or road setback from center line: >= 75 feet (Does not apply to reconstruction of existing structures.) · property or boundary line setback: >= 25 feet (Does not apply to reconstruction of existing structures.)

  “No new building, structure or addition of any kind shall be located closer to any public highway or road than seventy-five (75) feet from the center line of said street or road, nor closer to any property or boundary line than twenty-five (25) feet”

• Living in an RVLimited

  Recreational vehicles inside the Town of Gilboa.

  • Sections 5.1 through 5.5 apply except § 5.5A.
  • This includes homesite setbacks, driveway, sewage-system, and water requirements.
  • A recreational vehicle not attached to permanent septic must use a professional-serviced holding tank.

  “The provisions found in Sections 5.1 through 5.5 with the exception of Section 5.5A shall apply.”

• Camping on your landLimited

  Campgrounds and temporary camping sites inside the Town of Gilboa.

  • A campground is a parcel planned and improved for placement of two or more recreational vehicles or tents.
  • Campground permits follow the Homesite permit application procedure and are valid for one year.
  • A campground is for occupancy of not more than 90 consecutive days.

  maximum consecutive campground occupancy: <= 90 days

  “A camp ground is any parcel of land which is planned and improved for the placement of two (2) or more recreational vehicles or tents which are used as temporary living quarters and for occupancy of not more than ninety (90) consecutive days.”

• Who permits septicCounty (with conditions)

  Homesite-permit applications inside the Town of Gilboa where County Health Department approval is applicable.

  • The Homesite Local Law alternatively identifies a New York State Department of Health District where applicable.
  • The Town packet requires sewage-design documents approved by the Schoharie County Health Department for the relevant application.

  “Approval ofthe application by the Schoharie County Department of Health (or the New York State Department of Health District) where applicable.”

• Off-grid sanitationLimited

  Homesites and recreational vehicles inside the Town of Gilboa.

  • Each homesite's sewage system must comply with the cited New York State Department of Health handbook standards.
  • The sewage-disposal requirement also applies to whole or partial replacement systems.
  • A recreational vehicle not attached to permanent septic must have an appropriate holding tank emptied by a professional septic cleaner.

  “Recreational vehicles, if not attached to a permanent septic system as described above, shall have an appropriate holding tank for septic waste to be emptied by a professional septic cleaner.”

• Driveway accessRequired

  Homesites abutting a public road inside the Town of Gilboa.

  • The driveway culvert must be designated by the governmental body with jurisdiction over the highway or road.
  • Driveways must be well drained.

  minimum unobstructed sight distance: >= 240 feet (In either direction.)

  “All driveways shall have a minimum unobstructed sight distance of two hundred forty (240) feet in either direction and be well drained.”

• Permit feesPublished (with conditions)

  Town of Gilboa building permits and listed related actions.

  • The official packet labels the schedule as the 2022 fee schedule adopted by Resolution No. 35-2022 on May 4, 2022; it may not be the current fee schedule.
  • Construction begun before issuance doubles the fee.
  • The schedule says costs over $1,000,000 are negotiated by the Town Board.

  permit-renewal fee: 40 USD (Permit may only be renewed twice.) · homesite permit fee: 25 USD (2022 published fee schedule.)

  “Fee Schedule for 2022 Adopted By Resolution # 35-2022 May 4th 2022”

• Permit processPublished (with conditions)

  Town of Gilboa building-permit applications.

  • The packet lists a completed application, Homesite permit if required, site plan, two sets of plans or drawings, notarized affidavits, contractor insurance or exemption form, owner authorization where applicable, and payment.
  • Construction may not start merely because an application has been submitted.
  • A 911 address assigned by Schoharie County is required before a permit is issued.

  plan sets: 2 sets (Subject to the packet's stated plan requirements.)

  “Construction is not approved to start until you have received your permit to display. Turning in a building permit application DOES NOT mean you are approved to start your project.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside the Town of Gilboa.
• Building code adopted — Building construction inside the Town of Gilboa.
• Local zoning — Land inside the Town of Gilboa, Schoharie County, New York.
• Zoning districts — Zoning districts inside the Town of Gilboa.
• Minimum dwelling size — Dwellings inside the Town of Gilboa.

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.