Zoning, building permits and septic rules in Town of Albany, Indiana

Town of Albany’s own rules

• Building permitRequired

  Erection, moving, addition or structural alteration of any building or structure inside Albany town limits (and the plan commission zoning jurisdiction)

  • Permit is an improvement location permit issued by the plan commission, which must confirm conformity with Chapter 154.
  • Work may not begin until the permit is issued; a violation of permit requirements is subject to a $100 fine and fees and penalties of $100 for starting construction before permits (§ 154.06(b)(4)(c) and (b)(5)(c)).
  • Permits expire if work does not begin within 12 months or is not completed within two years (§ 154.06(b)(4)).

  “no building or other structure shall be erected, moved, added to or structurally altered nor shall any building structure or land be established or changed in use without a location permit issued by the plan commission.”

• InspectionsRequired

  Structures built under an improvement location permit inside Albany town limits, before occupancy

  • A final inspection by the administrative officer is a precondition to occupancy (§ 154.06(c)(1)).
  • All permits are subject to inspection for compliance after issuance (§ 154.06(d)).

  “(a) passing a final inspection by the administrative officer; and (b) receiving a certificate of occupancy permit from the town.”

• Certificate of occupancyRequired

  New construction, change of use, or occupancy change inside Albany town limits

  • Certificate may be issued within ten days after the applicant notifies the town that work is complete (§ 154.06(c)(1)(c)).
  • Application fee is $20 (§ 154.07(a)(2)).

  “it shall be unlawful to use or occupy, or to permit the use for occupancy of, any building or premises, or both, are part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the administrative officer.”

• Local zoningPresent (with conditions)

  Land inside Albany town limits (and the contiguous unincorporated territory within the Albany Plan Commission zoning jurisdiction), administered by the Albany Plan Commission under Code Chapter 154 Zoning Regulations

  • Chapter 154 divides the town and contiguous unincorporated territory within the plan commission's jurisdiction into districts; unincorporated land within that jurisdiction is placed in the RA rural district until changed (§ 154.04(d)), so this is not limited to incorporated land.
  • Zoning is administered through improvement location permits (§ 154.06) and a Board of Zoning Appeals (§ 154.05).

  “the town, and the contiguous unincorporated territory within the jurisdiction of the albany plan commission is hereby divided into districts of which there shall be ten in number”

• Zoning districtsPublished (with conditions)

  Zoning districts for land inside Albany town and the contiguous unincorporated territory within the Albany Plan Commission jurisdiction

  • The boundaries are shown on a district map made a part of Chapter 154, which is on file with the town clerk; the map itself was not reviewed.
  • Unincorporated territory that comes within the plan commission's zoning jurisdiction is in the RA rural district until changed after public hearing (§ 154.04(d)).

  number of zoning districts: 10 districts

  “(1) ra: rural district; (2) r1: single-family district; (3) r2: two-family district - duplex;”

• Building in a floodplainRequired

  Erection, extension, conversion or structural alteration of a building in a special flood hazard area inside Albany town limits

  • Requires compliance with the town's flood damage prevention ordinance (Chapter 151) and a floodplain development permit before an improvement location permit issues (§ 154.06(b)(3)).
  • Chapter 151 of the code is titled Flood Damage Prevention; its text was not opened.

  “no improvement location permit shall be issued for the erection, extension, conversion or structure alteration of a building located with special flood hazard area without compliance with the town of albany's flood damage prevention ordinance, including, but not limited to obtaining a floodplain development permit.”

• Permit feesPublished (with conditions)

  Improvement location permit and related filing fees inside Albany town limits

  • Fee figures are from § 154.07 as amended by ord. 2015-29 (passed 10-26-15); the official fee schedule may be altered only by town council ordinance (§ 154.06(b)(5)(a)), so check for a newer schedule.
  • Fees are paid when the improvement location permit is issued (§ 154.06(b)(5)(b)).

  improvement location permit fee, residential building: 75 USD · improvement location permit fee, commercial building: 100 USD · improvement location permit fee, industrial building: 150 USD · improvement location permit fee, detached garage, storage shed, fence, patio, swimming pool, remodel, alteration or moving of building: 50 USD · certificate of occupancy application fee: 20 USD

  “for an improvement location permit the fee shall be as follows: (a) residential building: $75; (b) commercial building: $100; (c) industrial building: $150; (d) detached garages, storage sheds, fences, patios, swimming pools, remodeling, alterations, and moving of buildings: $50;”

• Permit processPublished (with conditions)

  Improvement location permit application process inside Albany town limits

  • Applications must include plans drawn to scale showing lot dimensions, existing and proposed buildings, proposed uses, number of families or units, and building setback distances (§ 154.06(b)(2)).
  • Floodplain development permit must be obtained first in special flood hazard areas (§ 154.06(b)(3)).
  • Permits are subject to inspection for compliance after issuance (§ 154.06(d)).
  • Work must begin within 12 months and be completed within two years or the permit is cancelled (§ 154.06(b)(4)).

  “all applications for improvement location permits shall be accompanied by plans drawn to scale showing the following items”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption for building permits inside Albany town limits
• Minimum dwelling size — Minimum dwelling size in the RA rural and R1 single-family districts inside Albany town limits
• Minimum lot size — Minimum lot size in the RA rural and R1 single-family districts inside Albany town limits
• Setbacks — Front, side and rear yard setbacks in the RA rural and R1 single-family districts inside Albany town limits
• Lot coverage — Lot coverage limits in the RA rural and R1 single-family districts inside Albany town limits

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.

Off-grid gear

Going off-grid in Town of Albany means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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