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

Town of Middlesex’s own rules

• Who permits septicLocal (with conditions)

  On-site wastewater treatment systems inside Middlesex town.

  • Within the Canandaigua Lake Watershed, the Canandaigua Lake Watershed Inspector has joint implementation responsibility.
  • Final determinations and enforcement remain with the Town of Middlesex.

  “enforcement authority [...] shall reside with the Town of Middlesex.”

• Septic permitRequired

  Installation, construction, alteration, replacement, enlargement, extension, or other modification of an on-site wastewater treatment system inside Middlesex town.

  • Minor alterations are exempt only as specifically provided in Section 3.3 of the local law.
  • The fee schedule lists a $50 septic fee and says the permit is issued only with NYSDOH approval.

  septic permit fee: 50 USD (Permit issued only with NYSDOH approval.)

  “It shall be unlawful to install, construct, alter, replace, enlarge, extend, or otherwise modify any on-site wastewater treatment system unless an on-site wastewater treatment system permit is issued by the authority having jurisdiction, except as specifically exempted in Section 3.3 of this local law.”

• Off-grid sanitationLimited

  On-site treatment of sewage inside Middlesex town.

  • A permit is required for covered installation or modification work unless a Section 3.3 exemption applies.
  • Systems must be designed by a Design Professional for new systems or modifications.
  • Use of a failed system is a violation.

  “This local law shall govern the treatment of sewage by regulating all on-site individual wastewater treatment systems (hereinafter referred to as anon-site wastewater treatment system).”

• Subdividing landRegulated (with conditions)

  Subdivision of parcels inside Middlesex town.

  • The fee schedule distinguishes minor subdivisions of three lots or less and charges additional per-lot fees.
  • Planning Board review fees may apply.

  minor subdivision base fee: 100 USD (Three lots or less; additional $50 per lot.) · additional lot fee: per 50 USD (Each lot in a minor subdivision.)

  “Subdivision of a parcel: Minor (3 lots or less) $100”

• Driveway accessRequired

  Construction or alteration by length, width, or drainage control of a private driveway or private road inside Middlesex town.

  • The Code Enforcement Officer issues permits, jointly with NYSDOT where a driveway intersects a state highway.
  • Planning Board and Town Highway Superintendent approval is required before permit issuance.
  • Major or minor subdivision and steep-slope projects require a site plan approved and stamped by a licensed engineer.

  stand-alone private driveway fee: 50 USD (Town fee schedule.)

  “No private driveway or private road shall be constructed, or altered by length, width, or means of drainage control, without a permit.”

• Permit feesPublished (with conditions)

  Town building, site-plan, zoning, septic, driveway, and related permits or reviews inside Middlesex town.

  • All listed town fees are payable at issuance or review.
  • Building, Site Plan, or Zoning Fees are payable in the Code Enforcement Office before appearing before a board.
  • Permits expire annually from issuance.

  minimum building permit fee: >= 30 USD (Fee schedule.) · private driveway fee: 50 USD (Stand-alone driveway project.)

  “BUILDING PERMITS / INSPECTIONS: Fee ($30 Minimum)”

Rules another office applies inside Town of Middlesex

Town of Middlesex 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 Middlesex town that is required to conform to New York's Uniform Code.

  • Certain exceptions are permitted under the state code-administration standards.
  • The town maintains an Application for Building Permit on its official Code Enforcement page.

  “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 Middlesex town, which is outside New York City.

  • The Uniform Code applies statewide except in New York City.
  • Local administration may pass to the county or Department of State if an authorized opt-out occurs; no Middlesex opt-out was located.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City) by directive of the State Legislature.”

• InspectionsRequired

  Uniform-Code construction work inside Middlesex town.

  • Required inspections concern specified elements of the construction process.
  • Permit holders must keep work accessible and exposed until it is inspected and accepted by the municipality.

  “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 Middlesex town for which a building permit was required, and changes in general occupancy classification.

  • The certificate may be a certificate of occupancy or certificate of compliance.
  • The Town fee schedule lists a $50 certificate-of-occupancy fee and an overall site inspection.

  certificate of occupancy fee: 50 USD (Town fee schedule states overall site inspection required.)

  “A certificate of occupancy [...] must be required”

• Septic inspectionRequired

  On-site wastewater systems whose absorption area or holding tank is wholly or partly within 200 feet of Canandaigua Lake inside Middlesex town.

  • Inspection is required every five years after adoption of the law.
  • A Certified Inspector must complete the inspection.
  • The first inspection has additional Watershed Inspector requirements when specified as-built evidence is unavailable.

  inspection interval: per 5 years (Systems within the stated 200-foot lake area.)

  “All on-site wastewater treatment systems with an absorption area located wholly or partially within 200 feet of Canandaigua Lake or a holding tank located wholly or partially within 200 feet of Canandaigua Lake shall be required to have an on-site wastewater treatment system inspection completed every five years after the adoption of this law by a Certified Inspector.”

Still unanswered

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

• Owner-builder exemption — Owner-builder residential construction inside Middlesex town.
• Minimum dwelling size — Residential dwellings inside Middlesex town.
• Minimum lot size — Residential lots inside Middlesex town.
• Setbacks — Structures inside Middlesex town.
• Lot coverage — Lots inside Middlesex 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.