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

Town of Gainesville’s own rules

• Local zoningPresent (with conditions)

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

  • Wyoming County provides countywide zoning-enforcement services to Gainesville under the inter-municipal program described in the cited County resolution.

  “WHEREAS, Resolution Number 22-096 entitled, “CHAIRMAN AUTHORIZED TO SIGN INTER-MUNICIPAL AGREEMENTS WITH PARTICIPATING MUNICIPALITIES OF WYOMING COUNTY FOR COUNTYWIDE ZONING ENFORCEMENT SERVICES ON BEHALF OF THE ZONING DEPARTMENT”, passed by this Board of Supervisors on February 14, 2023 and provides countywide zoning enforcement services to the Towns of Arcade; Bennington; Castile; Eagle; Gainesville; Genesee Falls; Java; Perry; Pike; Sheldon and the Village of Silver Springs; now therefore,”

Rules another office applies inside Town of Gainesville

Town of Gainesville 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

  Construction, alteration, or renovation of a structure inside Gainesville town.

  • The cited County zoning page describes the requirement when planning to construct, alter, or renovate a structure.
  • Wyoming County Building Codes states it enforces the State building codes throughout the County.

  “If you plan to construct, alter, or renovate a structure, you are required to contact Building Codes to obtain a building permit.”

• Owner-builder exemptionConditional

  A homeowner's installation work for a manufactured home inside Gainesville town.

  • The homeowner must intend to own and occupy the manufactured home.
  • The homeowner may apply for installer certification.
  • Any component the homeowner completes must be supervised and certified by a certified installer.

  “A person who intends to own and occupy a manufactured home may apply for certification as the installer of such manufactured home”

• Building code adoptedAdopted (with conditions)

  Building construction inside Gainesville town, which is outside New York City.

  • The Uniform Code is applicable statewide except New York City.
  • Wyoming County states it enforces New York State Fire and Building Codes throughout the County.

  “It is applicable in every part of the State with the exception of New York City”

• InspectionsLimited

  Installation, alteration, or repair of a manufactured home inside Gainesville town.

  • The requirement is limited to the manufactured-home work described by the Department of State.
  • The cited FAQ states that Appendix E addresses permitting and inspections.

  “Section AE103 was added to Appendix E, of the 2020 Residential Code of New York State to address the topic of permitting and inspections.”

• Certificate of occupancyRequired

  Work inside Gainesville town that is subject to a building permit under 19 NYCRR Part 1203.

  • The Department of State states that the certificate requirement applies to any work that is the subject of a building permit.

  “issuance of a certificate of occupancy/compliance is “required for any work which is the subject of a building permit.””

• Permit feesPublished (with conditions)

  County Building Codes permits inside Gainesville town.

  • The cited page identifies the linked document as the current fee schedule.
  • A 3% processing fee applies to credit-card payments.

  credit-card processing fee: 3 percent (Applies to credit card payments.)

  “Payments are accepted at the office by cash, check, money orders, or credit cards (a 3% processing fee applies to credit card transactions). Checks and money orders may also be mailed. Credit card payments cannot be made over the phone.”

• Permit processPartial

  Zoning applications for land inside Gainesville town through the County zoning-enforcement service.

  • Applications received less than seven days before the Town's regular board meeting are placed on the following month's agenda.

  application lead time: >= 7 days (Before the Town's regularly scheduled board meeting.)

  “Applications received less than 7 days in advance will be placed on the following month's agenda for review.”

Still unanswered

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

• Zoning districts — Zoning districts inside Gainesville town.
• Minimum dwelling size — Dwellings inside Gainesville town.
• Minimum lot size — Lots inside Gainesville town.
• Setbacks — Structures inside Gainesville town.
• Lot coverage — Lots inside Gainesville 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.