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

Town of Bennington’s own rules

• Building permitRequired

  Erection, additions, and structural alterations of buildings or structures inside Bennington town.

  • Farm structures or additions up to 400 square feet are excepted.
  • Metal sheds, prefabricated tool sheds, and small storage buildings up to 100 square feet are excepted.

  “No building or structure shall be erected, added to or structurally altered until a permit therefore has been issued by the Zoning Enforcement Officer.”

• InspectionsLimited

  Building projects inside Bennington town after zoning-permit approval.

  • The County Building and Fire Codes Office schedules inspections as required by New York State Building and Fire Codes.

  “They will review your project and schedule any building or construction inspections as required by NYS Building and Fire Codes.”

• Certificate of occupancyRequired

  New uses or occupancy of land or buildings inside Bennington town.

  • The Zoning Enforcement Officer must approve the certificate.
  • The premises must comply with the zoning law and other applicable regulations.

  “No use or occupancy of land or buildings shall be established until a certificate of occupancy has been approved by the Zoning Enforcement Officer.”

• Local zoningPresent (with conditions)

  Land inside the Town of Bennington, Wyoming County, New York.

  • Wyoming County Zoning Enforcement provides zoning services under the Town's adopted zoning laws.

  “Effective October 1, 2020, the Town has contracted with Wyoming County Zoning Enforcement to provide zoning services to Bennington. They will be operating under the adopted zoning laws of the Town of Bennington.”

• Zoning districtsPublished (with conditions)

  Land inside Bennington town.

  • District boundaries are shown on Zoning Map No. 2 of 1985, which the zoning law makes part of the local law.

  “A-R: Agricultural-Residential; R-1: Residential; R-M: Residential-Multiple; B: Business; M: Manufacturing; S: Seasonal.”

• Minimum dwelling sizeSpecified

  Single-family dwellings in the Agricultural-Residential District.

  • Two-family units have a separate 800-square-foot minimum for each unit.

  minimum livable floor area: >= 950 square feet (Single-family dwelling.)

  “Livable floor area for dwellings – 950 square feet minimum for single family dwelling and 800 square feet minimum for each unit in a two family dwelling.”

• SetbacksSpecified

  Residential use in the Agricultural-Residential District.

  • Article IV, Section 5 contains yard exceptions.

  front yard: >= 50 feet · side yard: >= 30 feet (Each side.) · rear yard: >= 25 percent of lot depth (No less than 30 feet.)

  “Yards – Minimum Requirements (see Article IV, Section 5 for exceptions) A. Front – fifty (50) feet. B. Side – thirty (30) feet each. C. Rear – equal to twenty-five (25) percent of lot depth, but no less than thirty (30) feet.”

• Building heightSpecified

  Dwellings and accessory buildings in the Agricultural-Residential District.

  • Accessory-building height depends on whether the property is at least two acres.
  • Farm buildings other than dwellings have no maximum height.

  dwelling maximum height: <= 30 feet

  “Height of Dwellings – thirty (30) feet maximum B. Height of accessory buildings – thirty (30) feet height maximum if property is 2 acres or more. Less than two acres, eighteen (18) feet height maximum.”

• Camping on your landLimited

  Camping on private property in the Agricultural-Residential District.

  • Camping is by the owner or owners of the private property.
  • It may not exceed 120 days between April 1 and November 1 of each year.

  maximum camping period: <= 120 days (Between April 1 and November 1 of each year.)

  “Camping shall be permitted on private property by the owner or owners thereof but limited to a period not exceeding 120 days between April 1st and November 1st of each year.”

• Tiny homesLimited

  Single-family tiny homes proposed as dwellings in the Agricultural-Residential District.

  • A single-family dwelling must provide at least 950 square feet of livable floor area.

  minimum livable floor area: >= 950 square feet (Single-family dwelling.)

  “Livable floor area for dwellings – 950 square feet minimum for single family dwelling and 800 square feet minimum for each unit in a two family dwelling.”

• Manufactured homesLimited

  Permanent mobile homes outside a mobile-home park in the Agricultural-Residential District.

  • The permanent mobile home must meet current State, Federal, and local-government regulations.

  “Single family dwellings; including permanent mobile homes outside of a mobile home park which meet the current regulations of the State, Federal and local governments or two-family dwellings.”

• Subdividing landRegulated (with conditions)

  Subdivisions of land inside Bennington town.

  • Approval is required before a construction permit is granted or a subdivision plan is filed with the Wyoming County Clerk.
  • The County Clerk may not record an unapproved Town subdivision plat.

  “Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted and before any subdivision plan may be filed in the Office of the Wyoming County Clerk, the subdivider or a duly authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.”

• Permit feesPublished (with conditions)

  Special permits under Agricultural-Residential District Section 2.1(M).

  • The fee applies to a permit requested under Section 2.1(M).
  • The $25 issuance fee applies only if the permit is granted.

  application fee: 25 USD (Section 2.1(M) permit application.) · issuance fee: 25 USD (Only if the Section 2.1(M) permit is granted.)

  “Notwithstanding, any language to the contrary contained in the Town of Bennington Zoning Law there shall be an application fee for any permit requested pursuant to Section 2.1M in the amount of $25.00 and an additional issuance fee of $25.00 should a permit be granted.”

• Permit processPublished (with conditions)

  Application for a single one- or two-family dwelling inside Bennington town.

  • The application must include four copies of a plot plan, with lot dimensions and locations of existing or proposed buildings, and a house plan.
  • Other development follows the zoning-law site-plan provision.

  plot-plan copies: 4 copies (Single one- or two-family dwelling application.)

  “Application for a single one or two family dwelling shall include four (4) copies of a plot plan showing dimensions of the lot, location of existing or proposed buildings and a house plan. For other development, see Section 3: Site Plan below.”

Rules another office applies inside Town of Bennington

Town of Bennington does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  New-residence zoning applications inside Bennington town that require a percolation test.

  • The Town's permit guidance says the zoning application will not be approved until the Wyoming County Environmental Department approves the percolation test.

  “If application is for a new residence, zoning application will not be approved until a Perk Test has been approved by the Wyoming County Environmental Department.”

Still unanswered

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

• Owner-builder exemption — Owner-builders inside Bennington town.
• Building code adopted — Building-code adoption for land inside Bennington town.
• Lot coverage — Lot coverage inside Bennington town.
• Accessory dwellings — Accessory dwelling units inside Bennington town.
• Septic permit — On-site septic systems inside Bennington 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.