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

Town of Schoharie’s own rules

• Zoning districtsPublished (with conditions)

  Town of Schoharie land outside the Village of Schoharie.

  • The Barton Hill Overlay is superimposed on the main districts; the Floodplain Overlay imposes additional standards.

  main zoning districts: Rural-Agricultural; Commercial; Industrial; Hamlet (The Town also has an overlay district.)

  “The Town is divided into four (4) main Zoning Districts with the addition of an Overlay District. [...] 3.1-1 Rural-Agricultural District [...] 3.1-2 Commercial District [...] 3.1-3 Industrial District [...] 3.1-4 Hamlet District”

• Minimum dwelling sizeSpecified

  New or replacement mobile homes where allowed by the Town's Schedule A.

  • Applies to mobile homes; no townwide minimum for all dwelling types was established by the cited provision.

  minimum floor area: >= 720 square feet (Mobile homes.) · minimum width: >= 14 feet (Mobile homes.)

  “Mobile homes shall have a minimum size of seven hundred and twenty (720) square feet and a minimum width of fourteen (14) feet.”

• Camping on your landLimited

  Campgrounds in the Town of Schoharie.

  • A campground is an area used for transient occupancy by camping for more than 14 days or for a fee; three or more facilities are a campground subject to zoning regulations.
  • Campgrounds in the Rural-Agricultural district require a special-use permit and site-plan review.

  camping duration threshold: > 14 days (The campground definition also applies where a fee is paid.)

  “CAMPGROUND: Any area used for transient occupancy by camping in tents, camping trailers, travel trailers, motor homes or similar facility designed for temporary shelter, without structural additions to or removal of wheels from vehicles admitted, for a period exceeding fourteen (14) days or where a fee is paid for such use.”

• Manufactured homesLimited

  New or replacement mobile homes in districts identified in the Town's Schedule A.

  • Mobile homes must be in a district where Schedule A allows them and must meet the listed design criteria.
  • They must comply with federal requirements and the New York State Uniform Fire Prevention and Building Code.
  • Occupancy may not occur until the Code Enforcement Officer issues a Certificate of Compliance.

  minimum mobile-home floor area: >= 720 square feet · minimum mobile-home width: >= 14 feet

  “Mobile homes shall have a minimum size of seven hundred and twenty (720) square feet and a minimum width of fourteen (14) feet. [...] No occupancy shall occur until a Certificate of Compliance, certifying that all of the above requirements have been met, has been issued by the Code Enforcement Officer.”

• Accessory dwellingsLimited

  Accessory residential structures and accessory apartments in Town land-use areas.

  • The Planning Board must grant a special-use permit.
  • The dwelling unit must comply with Schoharie County Health Department regulations and applicable zoning-law provisions.
  • The Board may impose a recorded conservation easement or deed restriction preventing future separate-lot subdivision.

  “The Planning Board may grant a Special Use Permit allowing accessory dwelling units to be located on a lot provided that the Planning Board finds that such additional dwelling units comply with Schoharie County Health Department regulations and with applicable sections of this Law.”

• Septic permitRequired

  Construction, replacement, or major modification of on-site sewage disposal systems in the Town of Schoharie, excluding the Village of Schoharie.

  • The listed activity may proceed only in compliance with the law and after issuance of a zoning permit or other applicable approval.

  “No land use activity as listed below shall be commenced, carried out, or continued except in full compliance with this Law and after a Zoning Permit has been issued by the Code Enforcement Officer, or other applicable permit or approval has been issued by the appropriate Board, stating that the proposed building, structure, use of land or structure, or development activity complies with the provisions of this Law: [...] Construction of a new on-site sewage disposal system, or the replacement or major modification of any on-site sewage disposal system;”

• Septic inspectionRequired

  New subsurface sewage systems in the Barton Hill Natural Resource Protection Overlay within the Town of Schoharie.

  • The rule applies where no system existed before adoption of the regulation or where a building changes character; permit conditions include a percolation test, approved design, pre-backfill inspection, and certificate of approval.

  “Conditions for a permit shall include a percolation test, approved design, inspection of the installation prior to backfilling, and the issuance of a Certificate of Approval.”

• Agricultural exemptionAvailable (with conditions)

  Agricultural uses and specified farm-related structures in the Town of Schoharie.

  • The stated exemption is from zoning or special-use permits; the provision states that a building permit may still be required.

  “A Zoning Permit or Special Use Permit shall not be required for the following (however, a building permit may be required): [...] Agricultural uses;”

• Subdividing landRegulated (with conditions)

  Subdivision approvals in the Town of Schoharie, including projects in or near agricultural operations or within an agricultural district.

  • An Agricultural Data Statement is required for subdivision approvals involving a farm operation, property within 500 feet of a farm operation, or property within an agricultural district.

  farm-operation proximity threshold: <= 500 feet (Triggers Agricultural Data Statement requirements.)

  “All applications for special use, Site Plan approvals, use variances, or subdivision approvals require an Agricultural Data Statement if they occur on a property containing a farm operation or on property with boundaries within five hundred (500) feet of a farm operation or on a property within an Agricultural District.”

• Building in a floodplainRequired

  All uses and structures proposed within the Town's Floodplain Overlay.

  • The proposal requires additional review by the Town Floodplain Administrator and must comply with Town Local Law #1 of 2004 and subsequent amendments.

  “Additional review by the Town's Floodplain Administrator and additional standards established by the Town's Flood Damage Prevention Law are required for all uses and structures proposed within the Floodplain.”

• Permit feesVariable (with conditions)

  Applications and permits required or contemplated by the Town zoning law.

  • The Town Board establishes and may amend the fee schedule; the current schedule is on file with the Code Enforcement Officer and Town Clerk; fees are payable at application or, as appropriate, issuance.

  “The Town Board, by resolution, shall establish and amend a schedule of fees for the applications and permits required or contemplated by this Local Law.”

• Permit processPublished (with conditions)

  Town zoning-permit applications.

  • The application includes the appropriate fee and a scaled plot plan with specified information; the CEO has ten working days to request additional information and ten working days after a completed application to issue a determination.

  CEO additional-information notice period: <= 10 working days (Measured after receipt of application.) · CEO determination period: <= 10 working days (Measured after receipt of completed application.)

  “Not later than ten (10) working days after receiving a completed application, the Code Enforcement Officer shall mail or deliver to the applicant the determination that either:”

Rules another office applies inside Town of Schoharie

Town of Schoharie 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 the Town of Schoharie that is required to conform to the New York Uniform Code.

  • Certain exceptions are permitted under the code-enforcement program.

  “Building permits must be required for any work which is required to conform to the Uniform Code. Certain exceptions are permitted.”

• Building code adoptedAdopted (with conditions)

  Building construction inside the Town of Schoharie, New York.

  • The Uniform Code is automatically effective in towns outside New York City.

  “The Uniform Code is applicable in every part of the State (except the City of New York, which was permitted to retain its own code).”

• InspectionsRequired

  Specified elements of permitted construction inside the Town of Schoharie.

  • Permit holders must keep work accessible and exposed until inspected and accepted by the municipality.

  “Construction Inspections. 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 the Town of Schoharie for which a building permit was required, and changes in general occupancy classification.

  • Applies to all work requiring a building permit and to changes in general occupancy classification.

  “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 Schoharie or Schoharie County directly.

• Owner-builder exemption — Owner-built residential work inside the Town of Schoharie.
• Lot coverage — Lots inside the Town of Schoharie.
• Tiny homes — Tiny-home occupancy inside the Town of Schoharie.
• Off-grid sanitation — Off-grid sanitation inside the Town of Schoharie.
• Well permit — Private wells inside the Town of Schoharie.

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.