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

Town of Berkshire’s own rules

• Building code adoptedAdopted (with conditions)

  Building construction and use in the Town of Berkshire

  • The town local law administers and enforces the New York State Uniform Fire Prevention and Building Code.

  “administration and enforcement of the New York State Uniform Fire Prevention and Building Code”

• InspectionsRequired

  Construction work subject to a Town of Berkshire building permit

  • Work must remain accessible and exposed until inspected and accepted by the CEO or an authorized inspector.
  • The permit holder must notify the CEO when an element is ready for inspection.
  • A remote inspection may substitute for an in-person inspection at CEO discretion when it supplies adequate information.

  “Work shall remain accessible and exposed until inspected and accepted by the CEO or by an Inspector authorized by the CEO. The Permit Holder shall notify the CEO when any element of work described in subdivision (b) of this section is ready for inspection.”

• Certificate of occupancyRequired

  Work subject to a building permit and conversions of use or occupancy in the Town of Berkshire

  • The CEO must inspect before issuing the certificate.
  • The CEO issues a certificate only if work complies with applicable Uniform Code and Energy Code provisions.
  • A temporary certificate is possible only where the CEO finds safe occupancy, operational required fire/life-safety components, and required means of egress; it may not exceed six months.

  temporary certificate maximum duration: <= 6 months (Only if CEO makes the safety and egress determinations specified in the law.)

  “Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.”

• Who permits septicCounty (with conditions)

  New and replacement septic tanks and systems inside the Town of Berkshire

  • The Town building law directs approval to the Tioga County Department of Health.

  “All septic systems, new or replacement tanks, must be approved by the Tioga County Department of Health.”

• Septic permitRequired

  New and replacement septic tanks and systems inside the Town of Berkshire

  • Approval must be obtained from the Tioga County Department of Health.

  “All septic systems, new or replacement tanks, must be approved by the Tioga County Department of Health.”

• Building in a floodplainRequired

  Construction and other development in Town of Berkshire areas of special flood hazard

  • The special-flood-hazard area is as shown on the Flood Insurance Rate Map enumerated in Section 3.2 of the local law.
  • Applications require the fee in effect at application and reimbursement of necessary Town review, inspection, and approval costs; the Local Administrator may require a deposit of no more than $500.
  • The law was adopted March 19, 2012 and effective April 17, 2012.

  additional-cost deposit: <= 500 USD (May be required by the Local Administrator to cover additional costs.)

  “It shall be unlawful to undertake any development in an area of special flood hazard [...] without a valid floodplain development permit.”

• Permit feesPublished (with conditions)

  Town of Berkshire permits and related actions

  • The Town's official laws index publishes a 2026 fee schedule.
  • The building law provides that fees are charged under the most current fee schedule.

  “Town of Berkshire Fee schedule. 2026.pdf”

• Permit processPublished (with conditions)

  Building-permit applicants in the Town of Berkshire

  • Application forms must be completed and submitted to the Town Clerk or CEO.
  • CEO approval or disapproval occurs within 10 days.
  • If approved, the applicant receives a signed permit and site poster.
  • Site-plan review, SEQR, County 239 review, floodplain review, or SWPPP may be necessary before approval.

  CEO application decision period: <= 10 days (The building law states review with approval or disapproval is to occur within 10 days.)

  “Building permit application forms that must be completed and submitted to the Town Clerk or the CEO [...] CEO review of application with approve or disapprove to occur within 10 days [...] Prior to approval of any permit, the CEO must first determine if other actions are necessary.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction in the Town of Berkshire
• Local zoning — Land inside the Town of Berkshire, Tioga County, New York
• Zoning districts — Zoning districts inside the Town of Berkshire
• Minimum dwelling size — Dwellings inside the Town of Berkshire
• Lot coverage — Land inside the Town of Berkshire

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.