Zoning, building permits and septic rules in Town of Salem, New York
Town of Salem is a town in Washington County, New York. Town of Salem adopts its own zoning, so inside its limits Town of Salem’s rules apply, not the county’s. Septic permits inside Town of Salem come from Washington County (Washington County Department of Code Enforcement · (518) 746-2150). 26 rules below are quoted from official sources and independently re-checked, most recently on October 29, 2026. Rules for unincorporated land are on the Washington County page.
Answers from the rulebook for Town of Salem
Town of Salem’s own rules
Building permitRequired
Erection, addition, or structural alteration of any building or structure inside Salem town
Permit is issued by the town code enforcement officer under the zoning law; the permit is required before erection, addition, or structural alteration.
Application requires two copies of a layout or plot plan drawn to scale (section 7.20).
Fees are set by town board resolution and payable to the town clerk (section 7.20).
“no building or structure shall be erected, added to, or structurally altered until a permit therefore has been issued by the code enforcement officer.”
Certificate of occupancyRequired
Land use or occupancy of a building erected, altered, or extended inside Salem town
Certificate of occupancy is issued by the code enforcement officer and must issue within ten days after the work is approved as complying (section 7.20).
County also issues certificates of occupancy when uniform code compliance is fulfilled (county page).
“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 has been issued by the code enforcement officer”
Local zoningPresent
All land inside Salem town limits. The town's own zoning law governs. The Town of Salem zoning law is stated as adopted April 1, 2016 with amendments; the cover page also states amended July 19, 2023 and the file is labeled Local Law 4 of 2024.
Lands labeled 'no zoning' (NZ) are exempt from the zoning law (section 2.11).
The file is labeled Local Law 4 of 2024 but the cover page dates the consolidated text to amendments through July 19, 2023. The date is recorded as stated and not treated as the effective date of the current text.
A 2026 draft amendment (Zoning Law Draft Amendment 7 2026) is posted on the town site but was not opened and is not treated as adopted.
“a local law regulating and restricting the location, construction, and use of buildings, structures, and the use of land in the town of salem and for said purposes dividing the town into districts.”
Zoning districtsPublished
Zoning districts of the Town of Salem
Districts named in the law: Agricultural (A), High-Density Residential (RH), Medium-Density Residential (RM), Low-Density Residential (RL), Mixed Use (M), Commercial (C), Industrial (I), Floodway (FW), Floodplain (FP), and No Zoning (NZ).
The zoning map is incorporated by reference in section 2.20 but the map image was not opened, so parcel-level district boundaries are not verified.
“the town of salem is hereby divided into the following types of districts;”
Minimum lot sizeSpecified
Agricultural (A) district inside Salem town
Agricultural district covers Washington County Agricultural District #3 lands.
minimum lot area: >= 5 acres · minimum lot width: >= 200 feet
“minimum lot size: maximum percentage of lot to be occupied: town of salem zoning 5 acres and 200 feet wide 6%”
3 more reviewed findings on this topic
Specified — High-Density Residential (RH) district inside Salem town (one- and two-family dwellings)
“maximum height of building: 3.23 10,000 square feet & 100 feet wide 60% 50 feet rm- medium density residential district”
Specified — Medium-Density Residential (RM) district inside Salem town (one- and two-family dwellings)
“town of salem zoning 20,000 square feet & 100 feet wide 30% 30 feet 3.24 rl-low density residential district”
Specified — Low-Density Residential (RL) district inside Salem town (one- and two-family dwellings; animal husbandry allowed)
Specified — Detached non-farm accessory structures on any lot inside Salem town (section 4.52 is townwide, not district-specific)
“an accessory non-farm structure which is not attached to a principal structure may not exceed twenty (20) feet in height.”
Manufactured homesLimited
Manufactured and mobile homes inside Salem town
Mobile homes are permitted in the Agricultural district only as a farm residence (section 3.21).
Mobile homes and parks must comply with a separate town mobile-home regulation, and the building permit application must include a compliance statement (section 4.100). That separate law was not opened.
“all mobile homes and mobile home parks shall comply with the town of salem regulation of mobile homes, travel trailers, mobile home parks and travel trauer parks.”
Building in a floodplainRequired
Any use in the Floodplain (FP) district inside Salem town
Special use permit is required for any use in the floodplain district (section 4.70).
Residential structures need the lowest habitable floor at least one foot above the 100-year flood (section 4.73).
Floodway (FW) districts prohibit human habitation of structures (section 4.60).
“no use permitted within the town by any provision of this zoning law shall be permitted within a floodplain district without a special use permit, issued pursuant to the provisions of article v ofthis zoning law.”
Permit feesVariable (with conditions)
Zoning permit, certificate of occupancy, and special use fees inside Salem town
Fees are set by town board resolution and kept on file with the code enforcement officer and town clerk, not stated in the zoning law.
Special use permit requires a non-refundable fee set by the town board in addition to building permit fee (section 5.13).
County fees are set separately by the county fee schedule; the county schedule was not opened.
“the town board shall, by resolution, establish and amend a schedule of fees for the applications and permits required or contemplated by this zoning law; the current schedule shall be on file with the code enforcement officer and with the town clerk.”
Permit processPartial
Building permit process for work inside Salem town
Town code enforcement officer signs off first, then paperwork goes to Washington County.
Site plan review is required for all new land use activities before they begin (zoning section 3.14).
Process steps beyond the sign-off sequence were not published on the pages opened.
“building permits forms: building permit applications (code enforcement officer must sign off prior to the paperwork going to washington county)”
Rules another office applies inside Town of Salem
Town of Salem does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.
Building code adoptedAdopted
Construction inside Salem town. The New York State Uniform Fire Prevention and Building Code is enforced locally by Washington County Code Enforcement, with Town of Salem code enforcement officer sign-off on applications.
Enforcement is by the county department, not a Salem town building department, per the county page.
Also enforces the Washington County Sanitary Code (Local Law No. 1 of 1988).
“this department enforces the new york state uniform fire prevention and building codes and the washington county sanitary code, local law no. 1 of 1988.”
InspectionsRequired
Permitted construction inside Salem town
The county page describes the inspection function as performed during construction. It does not list a per-project inspection schedule, so the inspection frequency is not verified.
“perform onsite inspections during various stages of construction.”
Who permits septicCounty (with conditions)
On-site sewage disposal systems for work inside Salem town. Applies in Salem town through the county sanitary code.
County sewage disposal system application is a county form.
For multiple-family dwellings and tourist accommodations the zoning law makes approval of water supply and sewage disposal by the New York State Department of Health mandatory (sections 4.90 and 4.110). That is a state-level approval, so septic authority is mixed for those uses.
“sewage disposal system application (pdf fill-in)”
Septic permitRequired
Work that must conform to the Washington County Sanitary Code, including on-site sewage systems, inside Salem town
Permit issued by Washington County Code Enforcement after plan review. The Town code enforcement officer signs off before paperwork goes to the county (town building-permits page).
“review plans and issue permits for all work that must conform to the uniform codes and the washington county sanitary code.”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission; ask Town of Salem or Washington County directly.
Owner-builder exemption — Owner-builder construction inside Salem town
Minimum dwelling size — Minimum floor area for a dwelling inside Salem town
Living in an RV — Long-term RV occupancy on private land inside Salem town
Camping on your land — Temporary camping on land inside Salem town
Tiny homes — Tiny homes used as dwellings inside Salem town
8 more unanswered
Accessory dwellings
Septic inspection
Off-grid sanitation
Well permit
Mandatory utility hookup
Agricultural exemption
Subdividing land
Short-term rentals
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.
Unanswered questions are usually a sign that Town of Salem publishes no rule on the point, not that none exists. Washington County’s page lists the county offices to call.
Off-grid gear
Going off-grid in Town of Salem means bringing your own water and power. The kit we’d start with: